Disposed

S. Jayaprakash v. State of Kerala

Kerala HC23 Jun 2016WP(C)/5920/2016

Case brief

AI extract

What is this about?

A group of employees of Kerala State Financial Enterprises Ltd filed a writ petition seeking approval for a Board resolution to implement a Government Order granting promotion by transfer. The Court noted the State Government's request for review of its earlier rejection was pending. Without deciding merits, it ordered the Government to expedite the review process and communicate a decision within

What did the court decide?

Directed the State Government to consider the KSFE's request for review of the rejection decision and pass a decision within two months after hearing an authorized petitioner representative.

S. Jayaprakash Vs State of Kerala — Service and Employment | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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THURSDAY, THE 23RD DAY OF JUNE 2016/2ND ASHADHA, 1938

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WP(C).No. 5920 of 2016 (L)

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PETITIONER(S):

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1. S. JAYAPRAKASH AGED 45 YEARS, (CORRECTED) EMPLOYEE CODE NO.5682, (OFFICE ASSISTANT) (HIGHER GRADE), OFFICE OF THE SPECIAL DEPUTY THAHSILDAR(RR), KERALA STATE FINANCIAL ENTERPRISES LTD., ALAPUZHA.

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2. JIJIMON K.R, EMPLOYEE CODE NO.5643, (OFFICE ASSISTANT) (HIGHER GRADE), KERALA STATE FINANCIAL ENTERPRISES LTD., KALAVOOR BRANCH, ALAPUZHA.

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3. GOPAKUMAR G, EMPLOYEE CODE NO.5822, (OFFICE ASSISTANT) (HIGHER GRADE), KERALA STATE FINANCIAL ENTERPRISES LTD., KUTHIYATHODU BRANCH, ALAPUZHA.

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4. GOPALAKRISHNAN M.R, EMPLOYEE CODE NO.3806, (OFFICE ASSISTANT) (SENIOR GRADE), KERALA STATE FINANCIAL ENTERPRISES LTD., MUHAMMA BRANCH, ALAPUZHA.

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5. SIBY PETER,

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EMPLOYEE CODE NO.5737, (OFFICE ASSISTANT) (HIGHER GRADE), KERALA STATE FINANCIAL ENTERPRISES LTD., KOOTHATTUKULAM BRANCH, KOTTAYAM.

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6. REJI A.V, EMPLOYEE CODE NO.5624, (OFFICE ASSISTANT) (HIGHER GRADE), KERALA STATE FINANCIAL ENTERPRISES LTD. THIRUMALA BRANCH, THIRUVANANTHAPURAM.

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7. SAJI A, EMPLOYEE CODE NO.5628, (OFFICE ASSISTANT) (HIGHER GRADE), KERALA STATE FINANCIAL ENTERPRISES LTD. POOJAPPURA BRANCH, THIRUVANANTHAPURAM.

.....2/-

..2..

WP(C).No. 5920 of 2016 (L)

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8. JYOTHILAL K.S, EMPLOYEE CODE NO.5749, (OFFICE ASSISTANT) (HIGHER GRADE), KERALA STATE FINANCIAL ENTERPRISES LTD., CHATHANNUR BRANCH, KOLLAM.

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9. ABHILASH S, EMPLOYEE CODE NO.5661, (OFFICE ASSISTANT) (HIGHER GRADE), KERALA STATE FINANCIAL ENTERPRISES LTD., KILIKOLLUR BRANCH, KOLLAM.

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10. DINESH K, EMPLOYEE CODE NO.5742, (OFFICE ASSISTANT) (HIGHER GRADE), KERALA STATE FINANCIAL ENTERPRISES LTD., PALLIMUKKU BRANCH, KOLLAM.

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11. ANIL KUMAR V.K, EMPLOYEE CODE NO.2680, DESPATCH ASSISTANT, KERALA STATE FINANCIAL ENTERPRISES LTD., THIRUMALA,

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12. RANJU K.V, EMPLOYEE CODE NO.5120, (OFFICE ASSISTANT) (SENIOR GRADE), KERALA STATE FINANCIAL ENTERPRISES LTD. MEDICAL COLLEGE BRANCH, THIRUVANANTHAPURAM.

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13. PRASANTH K EMPLOYEE CODE NO.5191 (OFFICE ASSISTANT) (SENIOR GRADE) KERALA STATE FINANCIAL ENTERPRISES LTD., MALAYANKEEZHU BRANCH, THIRUVANANTHAPURAM.

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14. RATHEESH R.S, EMPLOYEE CODE NO.5595, (OFFICE ASSISTANT) (HIGHER GRADE), KERALA STATE FINANCIAL ENTERPRISES LTD., PEROORKKADA BRANCH, THIRUVANANTHAPURAM.

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15. SEENA S.NAIR,

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EMPLOYEE CODE NO.5755, (OFFICE ASSISTANT) (HIGHER GRADE), KERALA STATE FINANCIAL ENTERPRISES LTD., BALARAMAPURAM BRANCH, THIRUVANANTHAPURAM.

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16. ARUL RAJ, EMPLOYEE CODE NO.2088, DESPATCH ASSISTANT, KERALA STATE FINANCIAL ENTERPRISES LTD., PRAVACHAMBALAM BRANCH, THIRUVANANTHAPURAM.

.....3/-

..3..

WP(C).No. 5920 of 2016 (L)

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17. AJITH KUMAR R, EMPLOYEE CODE NO.5743, (OFFICE ASSISTANT) (HIGHER GRADE), KERALA STATE FINANCIAL ENTERPRISES LTD., KATTAKKADA BRANCH, THIRUVANANTHAPURAM.

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18. RADHA S, EMPLOYEE CODE NO.4541, (OFFICE ASSISTANT), KERALA STATE FINANCIAL ENTERPRISES LTD., ALAPPUZHA-III BRANCH, ALAPPUZHA.

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19. SETHUMADHAVAN T.V,

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EMPLOYEE CODE NO.3836, (OFFICE ASSISTANT) (SENIOR GRADE), KERALA STATE FINANCIAL ENTERPRISES LTD., KOORACHUNDU BRANCH, KOZHIKODE.

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20. VINODAN K, EMPLOYEE CODE NO.5740, (OFFICE ASSISTANT) (HIGHER GRADE), KERALA STATE FINANCIAL ENTERPRISES LTD., PERAMBRA BRANCH, KOZHIKODE.

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21. BINU K,

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EMPLOYEE CODE NO.5160, (OFFICE ASSISTANT) (SENIOR GRADE), KERALA STATE FINANCIAL ENTERPRISES LTD., PERAMBRA BRANCH, KOZHIKODE.

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22. JIJO AUGUSTINE M,

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EMPLOYEE CODE NO.4386, (OFFICE ASSISTANT) (HIGHER GRADE), KERALA STATE FINANCIAL ENTERPRISES LTD., HEAD OFFICE, THRISSUR.

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CORRECTED AS “OFFICE ATTENDANT” AS PER ORDER DATED 17/2/16 IN IA.2220/2016.

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BY ADVS.SRI.K.JAJU BABU (SR.) SMT.M.U.VIJAYALAKSHMI

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT TAXES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

.....4/-

..4..

WP(C).No. 5920 of 2016 (L)

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2. THE KERALA STATE FINANCIAL ENTERPRISES LTD (KSFE) REGISTERED OFFICE, BADHRADA, THRISSUR-680 020, REPRESENTED BY ITS MANAGING DIRECTOR.

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R1 BY GOVERNMENT PLEADER SRI.P.V.ELIYAS R2 BY ADVS. SRI.M.GOPIKRISHNAN NAMBIAR SRI.P.GOPINATH SRI.P.BENNY THOMAS SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.UNNI NAIR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 5920 of 2016 (L)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1COPY OF THE GOVERNMENT ORDER GO(P)NO.1/2014/P&ARD. DATED 03.01.2014.

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P2COPY OF THE MINUTES 461ST MEETING OF THE BOARD OF DIRECTORS OF KSFE HELD ON 13.08.2014.

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P3COPY OF THE REQUEST DATED 24.01.2015 VIDE REFERENCE NO.4130/P SUBMITTED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT.

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P4COPY OF THE LETTER NO.1793/H2/2015/TD DATED 28.09.2015 OF THE 1ST RESPONDENT TO THE 3RD RESPONDENT.

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P5COPY OF THE COMMUNICATION VIDE REFERENCE NO.4130/P DATED 28.10.2015 OF THE 2ND RESPONDENT TO THE 1ST RESPONDENT.

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P6COPY OF THE RELEVANT EXTRACT OF THE FILE NOTE VIDE NO.1793/H2/2015/T.D.

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RESPONDENT(S)' EXHIBITS

NIL.

/ TRUE COPY /

P.S. TO JUDGE

ALEXANDER THOMAS, J.

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W.P.(C).No. 5920 of 2016

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==================

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Dated this the 23^rd day of June, 2016

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J U D G M E N T

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It is averred that the petitioners are working as Office Attendants in the service of the 2^nd respondent-Kerala State Financial Enterprises (KSFE). That vide Ext.P-2 resolution dated 13.8.2014 of the Board of Directors of the respondent KSFE, it was resolved to implement Ext.P-1 Government Order, G.O.(P)No.1/ 2014/P&ARD dated 3.1.2014 for granting appointment by transfer to qualified and senior Office Attendants against 10% of vacancies in the cadre of Junior Assistants in KSFE. In implementation of Ext.P-2 resolution, the respondent KSFE as per requests in Ext.P-3 dated 24.1.2015 and Ext.P-5 dated 28.10.2015, had requested the 1^st respondent Government to grant approval for the decision in Ext.P-2. The Government, as per Ext.P-4 communication dated 28.9.2015, had sought some clarifications and it is pointed out that

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the clarifications were given by the respondent KSFE. It is discernible from Ext.P-5 that the Government had rejected the

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W.P.(C).5920/16 - : 2 :-

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proposal and conveyed the decision as per Government letter No.23198/H2/2014 TD dated 10.12.2014 of the Government in the Taxes Department, which is referred to as the 3^rd paper in Ext.P-5. It is further discernible from Ext.P-5 that the respondent KSFE, as per letter No.4130/P dated 24.1.2015, had requested the State Government to review the said decision of rejection. It is in the light of these facts and circumstances that the petitioners have preferred

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the instant Writ Petition (Civil) with the following prayers:

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“i) Issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Ext.P-4 and P6 and quash the decision of the 1^st respondent rejecting the request made by the 2^nd respondent as per Ext.P3 and P5 to approve Ext.P 2 resolution.

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ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1^st respondent to grant approval for Ext.P2 resolution passed by the 2^nd respondent in the matter of implementing Ext.P1 in KSFE with effect from the date of Ext.P2 and grant all consequential reliefs to the petitioner without any delay.”

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The 2^nd respondent KSFE has filed a statement dated

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15.6.2016. Para 4 of the said statement reads as follows:

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“4. In the light of above Government Order, the 2^nd respondent placed the matter in the 461^st Board Meeting held on 13.8.2014 to implement the Government Order in K.S.F.E. The Board resolved to authorize the Managing Director to implement the Government Order under the same condition after obtaining approval from Government and K.P.S.C. Later, another proposal to reduce the criteria of qualification while implementing the Government Order was placed in the 462^nd Board Meeting held on 29.8.2014. However, the Board rejected this proposal and again resolved to implement the Government Order under the same condition. Accordingly, the matter was taken up with the 1^st respondent and K.P.S.C. vide letter dated

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W.P.(C).5920/16 - : 3 :-

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16.9.2014 and 19.7.2014, respectively. The 1^st respondent rejected the proposal pointing out that by-transfer promotion to subordinate staff for 10% vacancies in the post of Junior Assistants, under certain conditions prescribed by P.S.C. is already therein K.S.F.E. and also that the Government order dated 3.1.2014, is not applicable to the Public Sector undertaking. Though requests were made to the 1^st respondent vide letters dated 24.1.2015 and 30.5.2015 to review the above decision and to issue special order for implementation of the above order in K.S.F.E. and these applications are pending with the 1^st respondent-Government.”

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A reading of the abovesaid statement filed by the 2^nd respondent in

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this W.P.(C). would disclose that requests have been made to the State Government by the KSFE as per the latter's letters dated 24.1.2015 and 30.5.2015 to review the above decision of rejection

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and to issue special order for implementation of Ext.P-1 G.O. in the respondent KSFE and that these requests of the KSFE are now pending consideration with the 1^st respondent Government.

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Heard Sri.K.Jaju Babu, learned Senior Counsel, instructed by Sri.Brijesh Mohan, learned counsel appearing for the writ petitioners, Sri.M.Gopikrishnan Nambiar, learned Standing Counsel for the KSFE appearing for the 2^nd respondent and the learned Government Pleader appearing for the 1^st respondent Government.

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As it is revealed that the request of the respondent KSFE to review the decision of the Government and for permission to implement Ext.P-1 G.O., is now pending consideration of the 1^st

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W.P.(C).5920/16 - : 4 :-

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respondent Government, this Court is inclined to take the view that the Writ Petition could be disposed of by issuing necessary directions on those aspects of the matter. Accordingly, having regard to the facts and circumstances disclosed in the pleadings of this Writ Petition and more particularly, in the light of the above said statement dated 15.6.2016 filed by the 2^nd respondent and without going into the merits of the controversy, it is ordered that the 1^st respondent State Government will take up the matters referred to in the respondent KSFE's letters dated 24.1.2015 and dated 30.5.2015 and consider the request of the KSFE to review the earlier decision of the Government to reject the proposal and to issue necessary orders for implementation of Ext.P-1 G.O. in the KSFE and take a considered decision thereon, after affording an opportunity of being heard to an authorised representative of the petitioners, without much delay, at any rate, within a period of two months from the date of production of a certified copy of this judgment. In this process, the 1^st respondent Government will ensure that necessary remarks of the 2^nd respondent KSFE are obtained and all details in that regard required for the Government to consider the matter, which should be furnished by the Managing Director of the KSFE

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W.P.(C).5920/16 - : 5 :-

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within two weeks from the date of production of a certified copy of this judgment. A senior officer of the respondent KSFE may also be invited by the Government in the hearing that is to be held in pursuance of the directions in this judgment.

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With these observations and directions, the Writ Petition (Civil) stands finally disposed of.

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Sd/-

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sdk+ ALEXANDER THOMAS, JUDGE ///True copy///

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P.S. To Judge.

S. Jayaprakash v. State of Kerala

Case brief

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S. Jayaprakash v. State of Kerala

Case brief

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