Disposed

K.G.George v. Kerala Fnancial Corpn.

Kerala HC7 Jan 2016WP(C)/831/2004

Case brief

AI extract

What is this about?

In this writ petition concerning denial of promotion, the Court noted that pending vigilance cases against the petitioner do not automatically bar a representation for retrospective consideration. However, the Court expressly stated it did not decide the merits of the claim. The Court disposed of the petition on the condition that the petitioner file a representation within two weeks for the corpo

What did the court decide?

The representation regarding the petitioner's case will be considered expeditiously after hearing the petitioner within two weeks.

K.G.George Vs Kerala Fnancial Corpn. — Pension and Retirement Benefits | 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 K.VINOD CHANDRAN

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THURSDAY, THE 7TH DAY OF JANUARY 2016/17TH POUSHA, 1937

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WP(C).No. 831 of 2004 (Y)

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PETITIONERS:

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1. K.G.GEORGE ASSISTANT MANAGER (LEGAL) KERALA FINANCIAL CORPORATION BRANCH OFFICE, MALAPPURAM.

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2. V.C.GOPALAN, ASSISTANT MANAGER, KERALA FINANCIAL CORPORATION BRANCH OFFICE, MALAPPURAM.

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3. P.MOHANDAS, ASSISTANT MANAGER, KERALA FINANCIAL CORPORATION BRANCH OFFICE, KOLLAM.

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BY ADVS.SRI.B.UNNIKRISHNA KAIMAL SRI.V.D.SUDHEER

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RESPONDENTS:

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THE KERALA FNANCIAL CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE VELLAYAMBALAM, THIRUVANANTHAPURAM.

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BY ADVS. SRI.M.PATHROSE MATTHAI (SR.)

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SRI.K.JAJU BABU (SR.)

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SMT.M.U.VIJAYALAKSHMI, SC, KERALA FINANCIAL CORPORATION

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SRI.V.B.UNNIRAJ, SC, KFC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 831 of 2004 (Y)

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APPENDIX

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PETITIONERS' EXHIBITS :-

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EXT.P1	-	COPY OF THE COPY OF THE ORDER NO.KFC/PER (5771)/2001- 2002 DATED 30.01.2002 ISSUED BY THE RESPONDENT.
EXT.P2	-	COPY OF THE ORDER NO.KFC/PRL/126/202-486 DATED 30.04.2002 ISSUED BY THE RESPONDENT.
EXT.P3	-	COPY OF THE MEMO NO.PSL/4402/2003 DATED 25.01.2003 ISSUED TO THE 1ST PETITIONER BY THE RESPONDENT.
EXT.P4	-	COPY OF THE MEMO NO.PSL/4402/2003 DATED 25.01.2003 ISSUED TO THE 2ND PETITIONER BY THE RESPONDENT.
EXT.P5	-	COPY OF THE MEMO NO.PSL/4403/2003 DATED 25.01.2003 ISSUED TO THE 1ST PETITIONER BY THE RESPONDENT.
EXT.P6	-	COPY OF THE MEMO NO.PSL/4403/2003 DATED 25.01.2003 ISSUED TO THE 1ST PETITIONER BY THE RESPONDENT.
EXT.P7	-	COPY OF THE JUDGMENT OF THIS COURT IN WP(C) NO.30150 OF 2003 DATED 15.10.2003.
EXT.P8	-	COPY OF THE PROCEEDINGS NO.PSL/2530/03 DATED 04.11.2003 OF THE RESPONDENT.
EXT.P9	-	COPY OF THE SERVICE ORDER NO.PSL/2502/2003 DATED 04.11.2003 ISSUED BY THE RESPONDENT.
EXT.P10	-	COPY OF THE PROCEEDINGS NO.PSL/2506/03 DATED 01.11.2003 ISSUED BY THE RESPONDENT.
EXT.P11	-	COPY OF THE KERALA FINANCIAL CORPORATION STAFF REGULATIONS 1966.
EXT.P12	-	COPY OF THE CIRCULAR NO.125/98-99 DATED 16.02.1999 ISSUED BY THE RESPONDENT.
EXT.P13	-	COPY OF THE SENIORITY LIST OF ASSISTANT MANAGER (LEGAL) IN THE YEAR 2002 ISSUED BY THE RESPONDENT.
EXT.P14	-	COPY OF THE SENIORITY LIST OF ASSISTANT MANAGER (GENERAL WING) IN THE YEAR 2002 ISSUED BY THE RESPONDENT.
EXT.P15	-	COPY OF THE ORDER NO.PSL/3046/03 DATED 16.12.2003 ISSUED BY THE RESPONDENT.

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[CONTD....]

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WP(C).No. 831 of 2004 (Y) 2

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EXT.P16	-	COPY OF THE LETTER NO.C.4 (C-4/ 2004/SIU) 13976/2004 DATED 17.04.2004 OF THE DIRECTOR VIGILANCE & ANTI CORRUPTION BUREAU TO THE RESPONDENT.
EXT.P17	-	COPY OF THE ORDER NO.PSL/439/04 DATED 26.05.2004 ISSUED BY THE RESPONDENT.
EXT.P18	-	COPY OF THE ORDER NO.PSL/1582/05 DATED 08.09.2005 ISSUED BY THE RESPONDENT.
EXT.P19	-	COPY OF THE RELEVANT PORTION OF THE SENIORITY LIST OF ASSISTANT MANAGER (LEGAL) OF THE RESPONDENT CORPORATION DATED 31.08.2004.
EXT.P20	-	COPY OF THE OBJECTION DATED 01.04.2005 FILED BY THE 1ST APPLICANT TO THE RESPONDENT.
EXT.P21	-	COPY OF THE RELEVANT PORTION OF THE SENIORITY LIST OF LEGAL SECTION WING OF THE RESPONDENT CORPORATION DATED 03.01.2007.
EXT.P22	-	COPY OF THE RELEVANT PORTION OF SENIORITY LIST OF OFFICERS AND STAFF OF THE RESPONDENT CORPORATION DATED 01.08.2010.
EXT.P23	-	COPY OF THE RELEVANT PORTION OF THE PROMOTION GUIDELINES OF THE RESPONDENT CORPORATION.
EXT.P24	-	COPY OF THE ORDER DATED 04.03.2014 ISSUED BY THE RESPONDENT.

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RESPONDENTS' EXHIBITS:- NIL

//TRUE COPY//

P.A. TO JUDGE

K. VINOD CHANDRAN, J.

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---------------------------------W.P(C). No.831 of 2004-Y

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---------------------------------Dated this the 7^th day of January, 2016

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JUDGMENT

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The writ petition is alive for consideration

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only with respect to the first petitioner, since both the other petitioners have already retired from service. The question raised was also with respect to the denial of promotion to the petitioners. The first petitioner, while the writ petition was pending, was promoted as the Deputy Manager (Legal) as per Ext.P24. The first petitioner seeks retrospective promotion to the post of Deputy Manager (Legal). The first petitioner also has only one more year of

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W.P(C). No.831 of 2004-Y

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service left.

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The learned Senior Counsel appearing for the respondent Corporation submits that the denial was due to the fact that two Vigilance cases are pending against the petitioner. The Vigilance cases admittedly has been pending for the last ten years. It is also submitted that in one, the charge has been read over and in the other, even the charge has not been framed.

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In such circumstance, it is only proper that the respondent Corporation consider the case of the petitioner, if a representation is filed for retrospective promotion. The petitioner shall file a representation within two weeks from the date of receipt of a certified copy of this judgment and the same shall be considered expeditiously, after hearing the petitioner, in accordance with law.

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W.P(C). No.831 of 2004-Y

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It is made clear that this Court has not made

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any observation on merits.

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The writ petition is disposed of . No costs.

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Sd/-

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K. VINOD CHANDRAN,

JUDGE.

//True Copy//

P.A. to Judge.

sp/07/01/16

K.G.George v. Kerala Fnancial Corpn.

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K.G.George v. Kerala Fnancial Corpn.

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