Disposed

Shaji.B v. the Kerala State Financial Enterprises Ltd., Rep.by Its Managing Director

Kerala HC28 Nov 2016WP(C)/8827/2016

Case brief

AI extract

What is this about?

Petitioner challenged an order denying promotion, arguing seniority. The High Court disposed of the writ by directing the managing director to consider the representation, hear affected parties, and pass a reasoned order within one month.

What did the court decide?

Directing the 2nd respondent to consider the petitioner's representation, hear affected parties, and pass a reasoned order on promotion within one month.

Shaji.B Vs the Kerala State Financial… — 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 MRS. JUSTICE ANU SIVARAMAN

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MONDAY, THE 28TH DAY OF NOVEMBER 2016/7TH AGRAHAYANA, 1938

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WP(C).No. 8827 of 2016 (C)

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PETITIONER(S):

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SHAJI B., CODE NO.4270, SPECIAL GRADE ASSISTANT, KERALA STATE FINANCIAL ENTERPRISES LTD., CORPORATION OFFICE, BHADRATHA, THRISSUR-680 020.

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BY ADVS.SRI.ELVIN PETER P.J. SRI.T.G.SUNIL (PRANAVAM) SRI.K.R.GANESH

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RESPONDENT(S):

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1. THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, CORPORATE OFFICE, BHADRATHA, THRISSUR-680 020.

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2. THE MANAGING DIRECTOR, KERALA STATE FINANCIAL ENTERPRISES LTD., CORPORATE OFFICE, BHADRATHA, THRISSUR-680 020.

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3. SHRI.BAIJU M.,

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CODE NO.4271, ASSISTANT MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD., ERNAKULAM MAIN BRANCH, OMANA BUILDING, NEAR PADMA, JEWS STREET, ERNAKULAM.

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4. SMT.RUBY PAUL, CODE NO.4272, ASSISTANT MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD., KANNANALLOOR BRANCH, LEBBAS TOWER, FIRST FLOOR, KANNANALLOOR P.O., KOLLAM-691 576.

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5. SHRI.MUHAMMED V.K., CODE NO.4274, ASSISTANT MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD., VADAKARA BRANCH, ASHOKA COMPLEX, OPP.TOWN HALL, CONVENT ROAD, VADAKARA P.O.,KOZHIKODE-673 101.

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6. SMT.MIN S., CODE NO.4275, ASSISTANT MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD., KAZHAKUTTOM BRANCH, ALATHARA COMPLEX, KAZHAKUTTOM, THIRUVANANTHAPURAM-695 582.

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R1 & R2 BY ADVS. SRI.M.GOPIKRISHNAN NAMBIAR

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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 28-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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msv/

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WP(C).No. 8827 of 2016 (C)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT-P1: TRUE COPY OF ORDER DATED 27.5.2010 ISSUED BY THE 2ND RESPONDENT.

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EXHIBIT-P2: TRUE COPY OF G.O.(RT.) NO.391/2013/TD DATED 13.5.2013.

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EXHIBIT-P3: TRUE COPY OF THE STATEMENT SHOWING THE CADRE, MODE OF APPOINTMENT AND QUALIFICATION FOR THE VARIOUS POSTS IN THE KSFE.

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EXHIBIT-P4: TRUE COPY OF THE ORDER DATED 8.6.2015 ISSUED BY THE 2ND RESPONENT.

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EXHIBIT-P5: TRUE COPY OF THE RELEVANT EXTRACT OF G.O.(MS) NO.286/2010/TD DATED 10.12.2010.

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EXHIBIT-P6: TRUE COPY OF THE ORDER DATED 16.1.2016 ISSUED BY THE 2ND RESPONDENT.

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EXHIBIT-P7: TRUE COPY OF THE REPRESENTATION DATED 22.1.2016 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

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RESPONDENT(S)' EXHIBITS

NIL

//TRUE COPY//

P.S.TO JUDGE

msv/

ANU SIVARAMAN, J.

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W.P(C).No. 8827 of 2016

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----------------------------------------------Dated this the 28^th November, 2016

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JUDGMENT

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The challenge in the writ petition is against Exhibit P6 order of the 2^nd respondent on the ground that the petitioner's juniors have been promoted as Assistant Managers from the category of Senior Assistants. The petitioner contends that he is entitled to promotion, since he had longer service than respondents 3 to 6 and he was senior in the cadre of Senior Assistants in the Kerala State Financial Enterprises Ltd. It is submitted that the petitioner has preferred Exhibit P7 representation before the 2^nd respondent seeking promotion as Assistant Manager on the basis of seniority and qualifications. He seeks consideration of the said representation.

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This writ petition is, therefore, disposed of directing the 2^nd respondent to take up and pass a reasoned order on Exhibit P7 representation after considering the contentions raised and the documents produced by the petitioner and after hearing all affected parties as required within a period of one month from the date of receipt of a copy of this judgment.

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ANU SIVARAMAN

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JUDGE

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vgs28/11

Shaji.B v. the Kerala State Financial Enterprises Ltd., Rep.by Its Managing Director

Case brief

What is this about?

What did the court decide?

Shaji.B v. the Kerala State Financial Enterprises Ltd., Rep.by Its Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

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