Disposed

Sumi M. Mercilen v. Kerala State Electricity Board

Kerala HC6 Mar 2018WP(C)/7438/2018

Case brief

AI extract

What is this about?

This writ petition challenged the denial of promotion to the post of senior assistants for junior assistants/cashiers working under the Kerala State Electricity Board. The court disposed of the petition without adjudicating on merits, directing the respondent to consider a representation filed by the petitioners.

What did the court decide?

Direction to the second respondent to consider Ext.P5 representation and pass orders in accordance with law within one month.

Sumi M. Mercilen Vs Kerala State Electricity… — Labour and Industrial Disputes | 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 6TH DAY OF MARCH 2018 / 15TH PHALGUNA, 1939

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WP(C).No. 7438 of 2018

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PETITIONER(S)

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1 SUMI M. MERCILEN, AGED 36 YEARS,

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D/O M.MERCILEN, BLUE BELLS, NEAR GRACE INTERNATIONAL

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SCHOOL, UMAYANALLOOR P.O., KOLLAM-691589.

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2 CHITHRA S.G.,

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AGED 35 YEARS, D/O R.SADASIVAN NAIR, VARUVILAKATHU(H), JALAJA BHAVAN, AYANIMOODU, POTHENCODE P.O., THIRUVANANTHAPURAM-695 584.

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3 SHYNI A,

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AGED 34 YEARS, D/O. M.I.A. RAZACK, RESIDING AT APSARA GARDENS, ALUMMODE, KANIYAPURAM, THIRUVANANTHAPURAM-695301.

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4 SANTHOSH R,

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AGED 34 YEARS, S/O RAMACHANDRAN PILLAI, THULASI BHAVAN, KARUNAPURAM P.O.,

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IDUKKI-685552.

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5 GIREESHKUMAR C.

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AGED 35 YEARS, S/O GANGADHARAN M., MALAYIL HOUSE, VADUVANCHAL P.O., ANDOOR, WAYANAD-673 581.

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6 SAJAN S,

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AGED 37 YEARS, S/O SASI N., MADAVILAKATHU VEEDU, ARUVIKKARA, VELIYAMCODE P.O., THIRUVANANTHAPURAM, 695 512.

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7 PRADEEKSH PRAKASH M.P.,

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AGED 34, S/O PRAKASHAN M.V., MANIYANTHARA HOUSE, PONNARIMANGALAM, MULAVUKADU P.O., ERNAKULAM-682 504.

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8 RAJU K.R.

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AGED 35, S/O K.C.RAMASWAMI, KARAKUNNIL HOUSE,

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KARIMPUZHA P.O., PALAKKAD-679 513.

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BY ADVS.SRI.ENOCH DAVID SIMON JOEL

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SRI.V.S.VISWAMBHARAN

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PBS

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WP(C).No. 7438 of 2018

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RESPONDENT(S):

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1. KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM-695 004

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REPRESENTED BY ITS CHIEF ENGINEER.

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2. CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, THIRUVANANTHAPRUAM-695 004.

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BY SMT.ANEETHA A.G., SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

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ON 06-03-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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PBS

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WP(C).No. 7438 of 2018 (D)

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APPENDIX PETITIONER(S)' EXHIBITS

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EXHIBTI P1: TRUE COPY OF THE APPLICATION DATED 20.12.2017 SUBMITTED TO THE IST RESPONDENT. EXHIBIT P2: TRUE COPY OF THE REPLY DATED 20.1.2018 ISSUED BY THE IST RESPONDENT. EXHIBIT P3: TRUE COPY OF THE ORDER DATED 24.1.2018 NO.E.B.3(B)/333/2017. EXHIBIT P4: TRUE COPY OF THE ORDER DATED 17.2.2017 CALLING FOR PROFORMA FROM JUNIOR ASSISTANTS/CASHIERS FOR PROMOTION TO THE POST OF SENIOR ASSISTANTS. EXHIBIT P5: TRUE COPY OF THE REPRESENTATION DATED 12.2.2018 SUBMITTED BY THE PETITIONERS BEFORE THE RESPONDENTS. RESPONDENT'S EXHIBIT NIL /TRUE COPY/ PA TO JUDGE

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PBS 8/3/2018

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P.V.ASHA, J.

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W.P.(C) No.7438 of 2018

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Dated this the 6^th day of March, 2018

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JUDGMENT

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The petitioners, who are working as Junior Assistants/Cashiers in various stations under the 1^st respondent, have filed this writ petition complaining that they are not being promoted despite the existence of several vacancies of Senior Assistants. According to them even though Ext.P3 order was issued on 24.1.2018 after a period of four years granting promotion to 217 Junior Assistants/Cashiers, remaining vacancies are kept unfilled. Petitioners claim that vacancies are liable to be filled up by granting them promotion. Aggrieved by denial of promotion, petitioners have filed Ext.P5 representation before the 2^nd respondent. Learned counsel for the petitioners submits that the petitioners would be satisfied with a direction to the 2^nd respondent to consider Ext.P5 representation.

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In the above circumstances, without going into the merits of the case, this writ petition is disposed of, directing the 2^nd respondent to consider and pass orders on Ext.P5 representation in accordance with law, within a period of one month from the date of receipt of a copy of the judgment.

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Sd/-

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P.V.ASHA JUDGE

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rkc

Sumi M. Mercilen v. Kerala State Electricity Board

Case brief

What is this about?

What did the court decide?

Sumi M. Mercilen v. Kerala State Electricity Board

Case brief

What is this about?

What did the court decide?

What the court decided

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