Quashed

N.K.Anilkumar v. the Kerala Minerals and Metals Ltd.

Kerala HC7 Mar 2017WP(C)/1/2017

Case brief

AI extract

What is this about?

The Court quashed an order keeping a promotion in abeyance, directing the respondent to issue a notice to the petitioner and provide an opportunity to contest the proceedings before finalizing the issue.

What did the court decide?

Quashed Ext.P12 order; directed respondent to issue notice and provide opportunity to contest proceedings; interim order continuing promotion retained.

N.K.Anilkumar Vs the Kerala Minerals and… — Pension and Retirement Benefits | Kerala HC (2017)

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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 SHAJI P.CHALY

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TUESDAY, THE 7TH DAY OF MARCH 2017/16TH PHALGUNA, 1938 WP(C).No. 1 of 2017 (A)

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PETITIONER(S):

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N.K.ANILKUMAR, S/O.K.K.NARAYANAN, AGED 51 YEARS, ASSISTANT GENERAL MANAGER(LEGAL), (ORDER ISSUED TO KEEP THE PROMOTION IN ABEYANCE), THE KERALA MINERALS AND METALS LTD., CHAVARA P.O., KOLLAM, RESIDING AT NIKARTHIL HOUSE, PALLIPPURAM P.O., CHERTHALA, ALLEPPEY DISTRICT.

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BY ADVS.SRI.M.R.HARIRAJ

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SRI.P.A.KUMARAN SRI.K.RAJAGOPAL SMT.PRIYADA R MENON

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RESPONDENT(S):

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1. THE KERALA MINERALS AND METALS LTD., REPRESENTED BY ITS MANAGING DIRECTOR, CHAVARA P.O., KOLLAM-691583.

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2. THE GENERAL MANAGER, (P&A/EDP), THE KERALA MINERALS AND METALS LTD., CHAVARA P.O., KOLLAM-691583.

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3. STATE OF KERALA,

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REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF INDUSTRIES, SECRETARIAT, THIRUVANANTHAPURAM-695001

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R1 & R2 BY SMT.LATHA ANAND, SC, SRI.E.K.NANDAKUMAR SENIOR ADVOCATE BY ADVS. SRI.M.GOPIKRISHNAN NAMBIAR SRI.P.GOPINATH SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS SRI.PAULOSE C. ABRAHAM R3 BY GOVERNMENT PLEADER SRI.RON BASTIAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-03-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 1 of 2017 (A)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1:	TRUE COPY OF THE OFFICE ORDER NO.11/2007 DATED 20.4.2007 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P2:	TRUE COPY OF THE OFFICE ORDER NO.12/11 DATED 29.10.2011 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P3:	TRUE COPY OF THE PERSONNEL ORDER NO.195/2015 DATED 30.4.2015
EXHIBIT P4:	TRUE COPY OF THE OFFICE ORDER NO.3/2003 DATED 13.2.2003 2011 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P5:	TRUE COPY OF THE OFFICE ORDER NO. 3/2007 DATED 7.3.2007 2011 ISSUED BY THE 1ST RESPONDENT
EXHIBIT P6:	TRUE COPY OF THE LETTER NO.TP/PD/PL-30/15 DATED 16.11.2015
EXHIBIT P7:	TRUE COPY OF THE REPRESENTATION DATED 9.12.2015 SUBMITTED BY THE PETITIONER TO THE CHAIRMAN SC/ST NIYAMASABHA SAMITHI.
EXHIBIT P8:	TRUE COPY OF THE RESPONDER NO.TP/PD/G-10/16 DATED 15.3.2016 OF THE 1ST RESPONDENT
EXHIBIT P9:	TRUE COPY OF THE RECOMMENDATION DATED 26.2.2016 OF THE APEX COUNCIL OF THE 1ST RESPONDENT
EXHIBIT P10:	TRUE COPY OF THE REPRESENTATION DATED 10.11.2016 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT
EXHIBIT P11:	TRUE COPY OF THE PERSONNEL ORDER NO.524/16 DATED 7.12.2016
EXHIBIT P12:	TRUE COPY OF THE PERSONNEL ORDER NO.557/2016 DATED 27.12.2016
RESPONDENT(S)'	EXHIBITS : NIL.

//TRUE COPY//

P.A. TO JUDGE

SHAJI P. CHALY, J. ----------------------------------------------- W.P.(C). No.1 of 2017

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----------------------------------------------Dated this the 7^th day of March, 2017

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JUDGMENT

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This writ petition is filed by the petitioner aggrieved by Ext.P12 order passed by the 1^st respondent dated 27.12.2016, whereby promotion granted to the petitioner as per Order dated 7.12.2016 is kept in abeyance until further orders.

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Today when the matter is taken up, learned counsel appearing for the 1^st respondent submitted that, Ext.P12 order was passed since it was realised that the promotion was granted in violation of the Rules then in force. Any how when this writ petition was admitted to the files of this court, the interest of the petitioner was protected against Ext.P12 order. Apparently from Ext.P12 order, it is a non-speaking order. Since already a promotion was granted, petitioner ought to have been provided with notice before withdrawing the said order of promotion, that is not done by the 1^st respondent.

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Therefore, I quash Ext.P12 order and direct the 1^st respondent to issue notice to the petitioner and provide sufficient opportunity to the petitioner to contest the

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W.P.(C). No.1 of 2017.

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proceedings and attain finality to the issue. Till such time a decision is taken in accordance with the direction contained above, the interim order granted by this court will continue in force.

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Writ petition is disposed of accordingly.

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Sd/-

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SHAJI P. CHALY JUDGE

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smv 08.03.2017

N.K.Anilkumar v. the Kerala Minerals and Metals Ltd.

Case brief

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N.K.Anilkumar v. the Kerala Minerals and Metals Ltd.

Case brief

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