Dismissed

Mohanan.v v. Kerala Minerals and Metals Ltd.

Kerala HC13 Mar 2019WA/2448/2016

Case brief

AI extract

What is this about?

This writ appeal challenges a judgment regarding the seniority of two respondents recruited under special SC/ST provision. The High Court held that the petitioners were excessively delayed (laches) in challenging the seniority list, with over 11 years rolled by, and dismissed the appeal.

What did the court decide?

The writ appeal was dismissed; the judgment of the learned single Judge allowing the inclusion of respondents in the seniority list stands affirmed.

Mohanan.v Vs Kerala Minerals and Metals Ltd. — Pension and Retirement Benefits | Kerala HC (2019)

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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 V.CHITAMBARESH

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THE HONOURABLE MR. JUSTICE A.M.BABU

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WEDNESDAY,THE 13TH DAY OF MARCH 2019 / 22ND PHALGUNA, 1940

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W.A.No. 2448 of 2016

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AGAINST THE JUDGMENT DATED 21-11-2016 IN WP(C)NO.8422/2013 OF HIGH COURT OF KERALA

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APPELLANTS/PETITIONERS 2 & 3:

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1 MOHANAN V., EMPLOYEE NO.090959, ASSISTANT SCIENTIFIC OFFICER (PRESENTLY SCIENTIFIC OFFICER), KERALA MINERALS AND METALS LTD., CHAVARA, KOLLAM.

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2 ROY J.PAUL, EMPLOYEE NO.090961, ASSISTANT SCIENTIFIC OFFICER (PRESENTLY SCIENTIFIC OFFICER), KERALA MINERALS AND METALS LTD., CHAVARA, KOLLAM.

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BY ADVS. DR.K.P.SATHEESAN (SR.) SRI.K.SUDHINKUMAR SRI.P.MOHANDAS (ERNAKULAM) SRI.S.VIBHEESHANAN

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RESPONDENTS/RESPONDENTS:

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1 KERALA MINERALS AND METALS LTD., SANKARAMANGALAM, CHAVARA, KOLLAM; REPRESENTED BY ITS MANAGING DIRECTOR, KOLLAM DISTRICT, PIN-691 583.

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2 STATE OF KERALA, REPRESENTED BY THE SECRETARY, INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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WA2448/2016

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3 KISHOR KUMAR T.K., EMPLOYEE NO.1325, SCIENTIFIC OFFICER, KERALA MINERALS AND METALS LTD., CHAVARA, KOLLAM-691 583. 4 BABURAJ K., EMPLOYEE NO.1366, SCIENTIFIC OFFICER, KERALA MINERALS AND METALS LTD., CHAVARA, KOLLAM-691 583.

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R1 BY ADV.SRI.K.ANAND (SR.) ADV.SMT.LATHA ANAND R2 BY SRI.T. RAJASEKHARAN NAIR, SR.GOVT.PLEADER R3 & R4 BY ADV.SRI.M.V.THAMBAN

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ADV.SRI.JOSEPH SEBASTIAN (PARACKAL) ADV.SRI.M.N.RADHAKRISHNA MENON

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THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 12.03.2019, THE

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COURT ON 13.03.2019 DELIVERED THE FOLLOWING:

WA2448/2016

Judgment

Chitambaresh, J.

1.Respondents 3 and 4 were recruited as Trainee Assistant Scientific Officers on 1.11.1999 and 4.11.1999 respectively under a special recruitment. Such a special recruitment was on the basis of Government Orders to fill up the shortage of Scheduled Caste/Scheduled Tribe hands. Their appointment was against supernumerary posts on condition that they would be adjusted against next arising vacancy.

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2.Respondents 3 and 4 after completion of training were appointed as Assistant Scientific Officers on 1.2.2002 and 4.2.2002 respectively. Their names were included in the seniority list of Assistant Scientific Officers and were placed above the petitioners. The same was not challenged and respondents 3 and 4 were promoted as Scientific Officers with effect from 8.6.2011 and 1.1.2012 respectively.

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3.The challenge to the seniority of respondents 3 and 4 in the cadre

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WA2448/2016

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of Assistant Scientific Officer in the writ petition was rightly turned down as belated. More than 11 years had rolled by when

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the writ petition was filed though the subsequent promotion was two years old. Only 2 out of the 3 writ petitioners have filed the writ appeal out of which one of them has already retired from service.

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4.The laches on the part of the petitioners is writ large and we do not find any ground to interfere with the well reasoned judgment of the learned single Judge.

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The writ appeal fails. Dismissed.

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Sd/-

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V. CHITAMBARESH, JUDGE

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Sd/-

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A.M. BABU, JUDGE

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Sha/120319

Mohanan.v v. Kerala Minerals and Metals Ltd.

Case brief

What is this about?

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Mohanan.v v. Kerala Minerals and Metals Ltd.

Case brief

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