Disposed

M. Jayachandran v. Kerala Financial Corporation

Kerala HC4 Sept 2018WP(C)/13166/2015

Case brief

AI extract

What is this about?

The Court disposed of writ petitions challenging a seniority list in the Kerala Financial Corporation. The core grievance was that the list did not follow rotation rules for converting lower-grade staff to Assistants as per a 1992 order. The Court directed respondents to consider fresh representations within three months.

What did the court decide?

Petitioners directed to submit fresh representation; respondents to consider and pass orders after hearing within three months.

M. Jayachandran Vs Kerala Financial Corporation — Pension and Retirement Benefits | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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TUESDAY ,THE 04TH DAY OF SEPTEMBER 2018 / 13TH BHADRA, 1940

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WP(C).No. 13166 of 2015

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PETITIONER/S:

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1 M. JAYACHANDRAN AGED 38 YEARS S/O.GOPALAN,S.J BHAVAN,POOVAKODE,PAUDIKONAM P.O,THIRUVANANTHAPURAM-695 588

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2 BIJU V.R S/O.G.VAMADEVAN,ARCHANA,T.C 37/377,THIRUMALA P.O,THIRUVANANTHAPURAM

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3 RAJEEV M S/O.MANOHARAN NAIR,RADHEYAM,PIRAPPANKODE P.O,THIRUVANANTHAPURAM

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BY ADVS.

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SRI.D.SAJEEV SMT.LIGEY ANTONY SRI.C.RAJENDRAN

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RESPONDENT/S:

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1 KERALA FINANCIAL CORPORATION VELLAYAMBALAM,THIRUVANANTHAPURAM,REPRESENTED BY ITS MANAGING DIRECTOR 695 001

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2 THE CHAIRMAN & MANAGING DIRECTOR KERALA FINANCIAL CORPORATION,HEAD OFFICE, VELLAYAMBALAM,THIRUVANANTHAPRUAM 695 001

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WP(C).No.13166 of 2015

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3 THE GENERAL MANAGER (ADMINISTRATION) KERALA FIONANCIAL CORPORATION,HEAD OFFICE, VELLAYAMBALAM,THIRUVANANTHAPURAM 695 001

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4 SINDHU T, CHERUVOTTU VAYALIL HOUSE, PERUMTHIRUTHI, ELATHUR P.O., CALICUT, KOZHIKODE, KERALA -686 121

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5 SREEKALA M.P KOCHUKUNNUMPURAM,THITTAMEL,CHENGANNUR,ALAPPUZHA, KERALA 686 121

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6 ANIRAJ R MANGALYA,VALLIKEEZHU, KAVANAD P.O,KOLLAM 3

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7 THRILOK KUMAR L PADMA BUILDING,MANDALAM,ALUMMOODU P.O, MUKATHALA,KOLLAM-691 577

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8 UNNIKRISHNAN K.M EDAVALATHU MADAM,MAZHOOR,PANNIYOOR P.O,KARIMBAM,TALIPARAMB,KANNUR 670 142

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9 REGHU K

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SURENDRA VILASOM,BHARANIKKAVU SOUTH,PALLICKAL P.O,KAYAMKULAM,ALAPPUZHA PIN 690 503

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BY ADVS. SRI.K.JAJU BABU (SR.) SRI.M.H.HANIL KUMAR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.09.2018, ALONG WITH W.P.(C).NO.15006 OF 2015,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.13166 of 2015

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J U D G M E N T

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Petitioners in both these writ petitions are directly recruited Assistants in Kerala Financial Corporation. Party respondents are one and the same in both these writ petitions.

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Both the writ petitions were heard together since the issue arising in the case is one and the same. The parties and documents referred to in this judgment, are as described in W.P.(C).No.13166 of 2015.

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The grievance of the petitioners is against Ext.P5 seniority list, alleging that it is prepared without observing the rotation prescribed in Ext.P4 proceedings of the Managing Director. Ext.P5 is a seniority list of officers and staff of the Kerala Financial Corporation as on 01.12.2014, in which Sl.Nos.1 to 6 among Assistants are those appointed by promotion. Petitioners who are direct recruits, are ranked below the

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promotees. The contention of the petitioners is that the seniority has to be fixed in accordance with Ext.P4 order,

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WP(C).No.13166 of 2015

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according to which every 5^th , 10^th , 15^th and 20^th vacancies are to be filled up by conversion of Graduate

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Typists/Stenographers/Telephone Operators/Peons/Attenders etc. Ext.P4 is an order issued on 10.10.1992, which is issued pursuant to the memorandum of settlement by which the percentage of reservation prescribed for category change of Graduate Typists/Stenographers/Telephone Operators/Peons/Attenders as Assistants was enhanced to 25% and that the PSC has recommended

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the proposal for enhancement of reservation. Prior to that order the percentage of reservation for category change was limited to 20%. Ext.P4 order was issued on 10.10.1992. Government had issued Ext.P3 order-G.O.(MS).No.237/2012/Fin Dated 24.04.2012 approving the proposal for re-structuring of the staff strength in the KFC and for creating new posts. The post of the Assistants and Junior Executives were ordered to be integrated; simultaneously it was ordered that the Assistants with three years of service would be upgraded as Junior Executives and that 25% of the total post of Assistants/Junior Executives would be reserved for conversion through internal promotion. There is no

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WP(C).No.13166 of 2015

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rotation provided after the issuance of Ext.P3 order.

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Petitioners are challenging Ext.P5 seniority list and

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seeking implementation of Ext.P4 order issued by Managing

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Director, without challenging Ext.P3 Government Order issued in the year 2012. While Ext.P4 refers to the percentage as well as rotation with reference to vacancies, Ext.P3 order refers to posts only.

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According to the petitioners, Ext.P3 has not received

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approval from the PSC and Ext.P4 alone is having approval of the PSC.

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Respondents 4 to 7 in W.P.(C).No.13166 of 2015 have produced Ext.R4(b) order by which they have already been upgraded to the post of Junior Executives as early as as on 27.05.2015, subject to result of these writ petitions.

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According to the official respondents as well as party respondents, the seniority has been fixed in tune with Ext.P3 order which provides for appointment against 25% of the posts by promotion/conversion, without providing for any rotation.

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It is seen that petitioners have submitted Exts.P6 and

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WP(C).No.13166 of 2015

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P7 representations produced in W.P.(C).No.13166 of 2015 and Exts.P7 and P8 representations produced in W.P.(C) No. 15006 of 2015 before the Managing Director. It is stated that these representations are kept pending.

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In the above circumstances it is made clear that petitioners would be free to submit a fresh representation and in case such representations are received, the respondents are directed to consider the same and to pass orders in accordance with law, after affording an opportunity of hearing to the petitioners and the party respondents within a period of 'three months' from the date of receipt of a copy of the judgment. In case such representations are submitted, copies shall be forwarded to the respondents. Respondents will also be free to submit their objections before the hearing.

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The writ petitions are disposed of accordingly.

Sd/-

P.V.ASHA, JUDGE.

WP(C).No.13166 of 2015

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE APPOINTMENT CHART ISSUED WITH RESPECT TO CATEGORY NO.55/2004 FOR THE POST OF ASSISTANT IN THE KERALA FINANCIAL CORPORATION

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EXHIBIT P2 TRUE COPY OF THE APPOINTMENT CHART ISSUED IN RESPECT OF CATEGORY NO 55/2004 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION

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EXHIBIT P3 TRUE COPY OF THE ORDER G.O(MS) NO 237/2012/FIN. DATED 24-04-2012 ISSUED BY THE PRINCIPA SECRTARY(FINANCE) EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS DATED 10-10-1992 ISSUED BY THE 1ST RESPONDENT EXHIBIT P5 TRUE COPY OF THE RELEVANT APGES OF THE SENIORITY LIST OF OFFICERS AND STAFFS OF THE KERALA FINANCIAL CORPORATION AS ON 01-12-2014

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EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 03-032015 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT

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EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 13-042015 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT

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EXHIBIT P8 TRUE COPY OF THE QUESTIONAIRE DATED 11-032015 SUBMITTED BY SRI RENJITH EXHIBIT P9 TRUE COPY OF THE LETTER ISSUED BY THE PUBLIC INFORMATION OFFICER DATED 26-03-2015 RESPONDENT'S/S EXHIBITS:

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EXHIBIT R1 NIL EXHIBIT R2 NIL

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WP(C).No.13166 of 2015

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EXHIBIT R3 NIL EXHIBIT R4 NIL EXHIBIT R4 A A TRUE COPY OF THE PROCEEDING OF THE 1ST RESPONDENT CORPORATION DATED 8/5/2012 EXHIBIT R4 B A TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT CORPORATION DATED 27/5/2015 EXHIBIT R4 C A TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT CORPORATION DATED 21/12/2015

M. Jayachandran v. Kerala Financial Corporation

Case brief

What is this about?

What did the court decide?

M. Jayachandran v. Kerala Financial Corporation

Case brief

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What did the court decide?

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