Dismissed

Safeer M.B., v. the Kerala State Financial Enterprises

Kerala HC20 Dec 2019WA/2546/2019

Case brief

AI extract

What is this about?

This appeal challenged the rejection of an interim order in a writ petition regarding promotion claims. The High Court upheld the rejection as the appellants were ineligible due to lack of requisite service under Recruitment Rules. The appeal was dismissed in limine.

What did the court decide?

Rejection of the writ appeal in limine, holding the interim order claim was rightly declined due to ineligibility.

Safeer M.B., Vs the Kerala State Financial… — 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 K.VINOD CHANDRAN

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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FRIDAY, THE 20TH DAY OF DECEMBER 2019 / 29TH AGRAHAYANA, 1941

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W.A.No.2546 OF 2019

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AGAINST THE INTERIM ORDER IN WP(C).27580/2019-V DATED 17.12.2019 OF HIGH COURT OF KERALA

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APPELLANTS/ PETITIONERS:

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1 SAFEER M.B., AGED 45 YEARS, S/O. MOHAMMED BAZHEER, TC 48/447, SWAGATH NAGAR, KALLTTUMUKKU, MANACAUD P. O., THIRUVANANTHAPURAM DISTRICT, PIN - 695 009, WORKING AS ASSISTANT MANAGER KSFE LTD., NRI CHITTY BRANCH, THIRUVANANTHAPURAM DISTRICT.

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2 SAJEEVAN T. P., S/O. NARAYANAN, KANNIYARATH HOUSE, KARUVANNUR P. O., NADAVANNUR VIA, KOZHIKODE DISTRICT, PIN - 673 613. WORKING AS ASSISTANT MANAGER KSFE LTD., THAMARASSERY BRANCH, KOZHIKODE DISTRICT.

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3 PREMAN M. I., S/O. PARAMESWARAN NAMBOOTHIRI, KRISAN KRIPA, TC 51/1730 (2), SATHYAN NAGAR, PAPPANAMCODE, PIN - 695 019.

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WORKING AS ASSISTANT MANAGER, KSFE LTD., BALARAMAPURAM BRANCH, THIRUVANANTHAPURAM DISTRICT.

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4 PAUL O. J., S/O. JOSEPH, NO.43, JAWAHAR NAGAR, KADAVANTHARA, ERNAKULAM - 20, WORKING AS ASSISTANT MANAGER KSFE LTD., VYTTILA BRANCH, ERNAKULAM DISTRICT.

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5 SHIJI K. V., S/O. T. N. VASU, KAYICHIRA HOUSE, KUDAVECHOOR P. O., VAIKOM, KOTTAYAM, PIN - 686 144. WORKING AS ASSISTANT MANAGER, KSFE LTD., VAIKOM TOLL JUNCTION BRANCH, KOTTAYAM DISTRICT.

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6 SIBI KUMARA MENON G., S/O. GONVINDANKUTTY MENON, GOVINDAN VELUPPAL, MOKAVOOR, ERANHIKKAL P. O., KOZHIKODE DISTRICT, PIN -673 306. WORKING AS ASSISTANT MANAGER KSFE LTD., KOZHIKODE MAIN BRANCH, KOZHIKODE DISTRICT.

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WA.2546 of 2019

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7 PREETHA V., D/O. VASUDEVAN NAIR K.K., KUNNATHU HOUSE, PADUVA P. O., KOTTAYAM, PIN - 686564. WORKING AS ASSISTANT MANAGER KSFE LTD., MANARCADE BRANCH, KOTTAYAM DISTRICT.

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8 BIJIMOL K., D/O. KRISHNAN KUTTY V., SREEKARTHIKA, MEENAM, PATTAZHY, KOLLAM, PIN - 691522. WORKING AS ASSISTANT MANAGER PATTAZHY BRANCH, KOLLAM DISTRICT.

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9 ANJANA K. V., D/O. NARAYANAN, HARITHAM, PANTHALAYANI, KOYILANDI P. O., KOZHIKODE, PIN - 673 305. WORKING AS ASSISTANT MANAGER, KSFE LTD., KOYILANDY BRANCH, KOZHIKODE DISTRICT.

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10 MUHAMMED I.P., S/O. ALAVI HAJEE, AVENUE CREST, KARANTHUR P. O., KOZHIKODE, PIN - 673571. WORKING AS ASSISTANT MANAGER KSFE LTD., KODUVALLY BRANCH, KOZHIKODE DISTRICT.

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11 SHOUKKATHALI A., S/O. AHAMMED KABEER, BISMI HOUSE, ANAKKAPPARA, ANJUMOORTHY P. O., PALAKKAD, PIN - 678682. WORKING AS ASSISTANT MANAGER, KSFE LTD., PALAKKAD - I BRANCH, PALAKKAD DISTRICT.

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12 GEORGE K. PAUL, S/O. POULOSE K. O., KANJILASSERY HOUSE, KOTTAMURY P. O., MALA, THRISSUR DISTRICT, PIN - 680732, WORKING AS ASSISTANT MANAGER, KSFE LTD., CHALAKKUDY BRANCH, THRISSUR DISTRICT.

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13 BENNY ISSAC, S/O. ISSAC A. K., ANCHERY HOUSE, VARADOOR P. O., WAYANAD DISTRICT, PIN - 673 591. WORKING AS ASSISTANT MANAGER KSFE LTD., SULTHAN BATHERY, WYANAD DISTRICT.

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14 PRADEEP KUMAR K., S/O. K. NARAYANAN NAIR, RAJI SADAN HOUSE, PERUVATTOOR P. O., KOYILANDY, KOZHIKODE DISTRICT, PIN - 673620, WORKING AS ASSISTANT MANAGER, KSFE LTD., VADAKARA BRANCH, KOZHIKODE DISTRICT.

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15 RENI JOHN, S/O.T. P. JOHN, VADAKKETH HOUSE, PONKUNNAM P. O., KOTTAYAM, PIN - 686506, WORKING AS ASSISTANT MANAGER, KSFE LTD., PALLIKKATHODE BRANCH, KOTTAYAM DISTRICT.

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WA.2546 of 2019

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16 SHENITH U. K., S/O. GOPINATHAN U K, ENADATH HOUSE, NANMINDA P. O., KOZHIKODE, DISTRICT, PIN - 673613, WORKING AS ASSISTANT MANAGER, KSFE LTD., KOZHIKODE MAIN BRANCH, KOZHIKODE DISTRICT.

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17 SMITHA K. L., D/O. N. KUMARAN NAIR, THIRUVATHIRA, THIRUVANANTHAPURAM, PIN - 695 564, WORKING AS ASSISTANT MANAGER, KSFE LTD., KARAKULAM BRANCH, THIRUVANANTHAPURAM DISTRICT.

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18 ALI I., S/O. AHAMMED KUTTY, OXYGEN, FEROKE, KOZHIKODE DISTRICT, PIN - 673 631, WORKING AS ASSISTANT MANAGER KSFE LTD., IAD, KOZHIKODE - III BRANCH, KOZHIKODE DISTRICT.

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BY ADV. SRI.O.D.SIVADAS

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RESPONDENTS/ RESPONDENTS:

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1 THE KERALA STATE FINANCIAL ENTERPRISES, REP. BY ITS MANAGING DIRECTOR, REGISTERED OFFICE, KOVILAKATHUPADAM, THRISSUR, PIN - 680 020.

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2 THE MANAGING DIRECTOR, THE KERALA STATE FINANCIAL ENTERPRISES, REPRESENTED BY ITS MANAGING DIRECTOR, REGISTERED OFFICE, KOVILAKATHUPADAM, THRISSUR, PIN - 680 020.

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3 THE DEPUTY GENERAL MANAGER, P AND H R, THE KERALA STATE FINANCIAL ENTERPRISES, REPRESENTED BY ITS MANAGING DIRECTOR, REGISTERED OFFICE, KOVILAKATHUPADAM, THRISSUR, PIN - 680 020.

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OTHER PRESENT:

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SRI.JAJU BABU.K(SR.) WITH SRI.O.D.SIVADAS FOR APPELLANT;

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SRI.E.K.NANDAKUMAR(SR.) WITH SRI.M.GOPIKRISHNAN NAMBIAR FOR RESPONDENTS

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WA.2546 of 2019

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K. Vinod Chandran & V.G.Arun, JJ. ---------------------------------W.A.No.2546 of 2019 ---------------------------------Dated, this the 20^th day of December, 2019

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JUDGMENT

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Vinod Chandran, J.

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The appeal is filed against the denial of interim

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order as sought for in the writ petition.

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2. Heard Sri.Jaju Babu, learned Senior Counsel

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appearing for the appellants instructed by Sri.O.D.Sivadas and Sri.E.K.Nandakumar, learned Senior Counsel appearing for the respondents.

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3. The writ petition was filed for revision of

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seniority as also for participation for selection in a promotion post of Manager Grade IV. On the reassignment of seniority, the learned Single Judge found that none of the affected parties have been impleaded. On the question of participation in promotions, it was noticed that the Recruitment Rules provide that only persons who have completed three years service in the post of Assistant Manager would be eligible for consideration for promotion.

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The appellants do not have the required service. The interim order sought for hence, was declined, according to

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WA.2546 of 2019

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us, rightly so. We are of the opinion that there is no merit in the appeal and we reject it, leaving all questions to be agitated in the writ petition itself.

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4. The learned Senior Counsel for the appellants

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then pointed out that in the earlier year there was an exemption granted. We cannot direct any such exemption to be granted this year also, which is a policy decision of the respondent-Organization. We make it clear that the dismissal of the Writ Appeal need not stand against a consideration which, however, is purely within the discretion of the management.

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Writ Appeal would stand rejected in limine , with the above observations.

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Sd/K.VINOD CHANDRAN JUDGE

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Sd/V.G.ARUN JUDGE

Vku/-

WA.2546 of 2019

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APPENDIX

APPELLANTS' ANNEXURE:

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ANNEXURE A1

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TRUE COPY OF THE NOTICE DATED 17/08/2013 ISSUED BY THE KSFE.

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[TRUE COPY]

Safeer M.B., v. the Kerala State Financial Enterprises

Case brief

What is this about?

What did the court decide?

Safeer M.B., v. the Kerala State Financial Enterprises

Case brief

What is this about?

What did the court decide?

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