Dismissed

Raghavan Karuvadan v. State of Kerala

Kerala HC14 Mar 2016OP/13258/2001

Case brief

AI extract

What is this about?

The court dismissed an original petition filed by a petitioner seeking promotion to a higher grade in the U.D. Typist post, holding that a grant of higher grade to mitigate entry post stagnation was not permissible after two promotions from the Attender Grade II entry.

What did the court decide?

No relief granted; the petition challenging the rejection of representation for higher grade is dismissed.

Raghavan Karuvadan Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4

MONDAY, THE 14TH DAY OF MARCH 2016/24TH PHALGUNA, 1937

¶5

OP.No. 13258 of 2001 (C)

¶6

PETITIONER:

¶7

RAGHAVAN KURUVADAN, S/O, PODORA AMBU NAIR, U.D. TYPIST, HOSEDURG, P.O. HOSEDURG, KASARAGOD DISTRICT

¶8

BY ADV. SRI.KALEESWARAM RAJ

¶9

RESPONDENTS:

¶10

1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM.

¶11

2. THE DISTRICT JUDGE, KASARAGOD.

¶12

3. THE REGISTRAR, HIGH COURT OF KERALA, ERNAKULAM

¶13

BY GOVERNMENT PLEADER SRI. S. JAMAL

¶14

THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 14-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

OP.No. 13258 of 2001 (C)

¶16

APPENDIX

¶17

PETITIONER'S EXHIBITS

¶18

P1: TRUE PHOTOCOPY OF THE ORDER NO.A1-2484/87 DATED 22.12.1988

¶19

P2: TRUE PHOTOCOPY OF LETTER DATED 04.01.2000 TOGETHER WITH THE STATEMENT OF OPTION AND DECLARATION DATED 04.01.2000

¶20

P3: TRUE PHOTOCOPY OF THE ORDER NO.A1 249/2000 DATED 03.04.2000

¶21

P4: TRUE PHOTOCOPY OF THE APPEAL DATED 15.04.2000 BEFORE THE 3RD RESPONDENT

¶22

P5: TRUE PHOTOCOPY OF THE LETTER NO.36833/C1/2000 DATED 24.11.2000 TOGETHER WITH ENDORSEMENT DATED 20.12.2000 BY THE 3RD RESPONDENT

¶23

P6: TRUE PHOTOCOPY OF THE G.O.(P) NO.10241/79/142/FIN.DATGED 27.11.1979

¶24

P7: TRUE PHOTOCOPY OF THE G.O.(P) NO.554/84/597/FIN DATED 27.09.1984

¶25

P8: TRUE COPY OF THE PROCEEDINGS NO.A1-1239/99(1) DATED 17.06.1999

//TRUE COPY//

P.A. TO JUDGE

JJJ

K. VINOD CHANDRAN, J.

¶30

O.P. No. 13258 of 2001 (R)

¶31

Dated this the 14^th day of March, 2016

¶32

J U D G M E N T

¶33

It is seen from the records that no notice has been issued in the above original petition till date. I have heard the learned Counsel appearing for the petitioner.

¶34

The petitioner entered the service as a Night Watchman in the Directorate of Collegiate Education on 10.03.1986. The petitioner got inter-departmental transfer to the Judicial Department on 01.09.1987 as Peon. Even the admitted case of the petitioner, as seen from Ext.P2, is that the petitioner was promoted as L.D. Typist on 02.01.1989 and then as U.D. Typist with effect from 08.12.1991. The petitioner's contention is that the petitioner has to be granted higher grade in the post of U.D. Typist. The petitioner challenges Ext.P5. In Ext.P5 the representation has been rejected, specifically

¶35

O.P. No. 13258/2001

¶36

-2-

¶37

finding that the petitioner's entry post in the judicial department is Attender Grade II and he has enjoyed two levels of promotion from the entry post of Attender Grade II. The grant of higher grade is to mitigate the circumstance of stagnation in the entry post and the petitioner, who was promoted twice, cannot claim any such higher grade. The petitioner's further contention is that another person has been granted such higher grade, as is seen at Ext.P5. It is trite that an illegal order cannot enure to the benefit of another person, as

¶38

has been declared in State of Bihar v. Kameshwar

¶39

Prasad Singh - (2000) 9 SCC 94.

¶40

The writ petition is dismissed. No costs.

¶41

Sd/K.VINOD CHANDRAN, JUDGE

¶42

jjj 15/3/16

Raghavan Karuvadan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Raghavan Karuvadan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Shereef M. Vs the State of Kerala

Unnikrishnan K.B. Vs the Kerala State Electricity Board

Baby Jackson and Others Vs State of Kerala and Others

P.Sajikumar @ Saji Vs the L.I.C. of India

V.K.Viswambaran Vs the Accountant General (a&E)

P.Balan Vs the Life Insurance Corporation