Disposed

Mahendran T., v. Fertilizers and Chemicals of Travancore Ltd.

Kerala HC7 Jan 2021WP(C)/28872/2020

Case brief

AI extract

What is this about?

The Kerala High Court directed the first respondent to consider and pass appropriate orders on the petitioner's representation seeking reinstatement within three months, without expressing a view on the merits of the petition.

What did the court decide?

Direction to the first respondent to consider and pass appropriate orders on the petitioner's representation within three months.

Mahendran T., Vs Fertilizers and Chemicals of… — Pension and Retirement Benefits | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

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WP(C).No.28872 OF 2020(H)

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PETITIONER:

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MAHENDRAN T., TECHNICIAN CUM CRAFTSMAN, ELECTRICAL PD (UNDER ORDER OF DISMISSAL), FACT TOWNSHIP, UDYOGAMANDAL-683501, AGED 57 YEARS, S/O.THANGARAJ, AMRUTHUVIHAR P.R.R.A.H.NO.311, PARAPALILIL ROAD, THIRUVANKULAM P.O. -682305. BY ADVS. SRI.KALEESWARAM RAJ SRI.VARUN C.VIJAY KUM.A.ARUNA

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RESPONDENTS:

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1 FERTILIZERS AND CHEMICALS OF TRAVANCORE LTD., (GOVERNMENT OF INDIA ENTERPRISE), REPRESENTED BY THE CHAIRMAN AND MANAGING DIRECTOR, UDYOGAMANDAL, KOCHI683501.

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2 CHAIRMAN AND MANAGING DIRECTOR, FERTILIZERS AND CHEMICALS OF TRAVANCORE LTD., CORPORATE OFFICE, UDYOGAMANDAL, KOCHI-683501.

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3 BOARD OF DIRECTOR, REPRESENTED BY THE CHAIRMAN AND MANAGING DIRECTOR, FERTILIZERS AND CHEMICALS OF TRAVANCORE LTD., CORPORATE OFFICE, UDYOGAMANDAL, KOCHI-683501.

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4 GENERAL MANAGER (HR AND ADMINISTRATION), FERTILIZERS AND CHEMICALS OF TRAVANCORE LTD., CORPORATE OFFICE, UDYOGAMANDAL, KOCHI-683501.

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5 DEPUTY GENERAL MANAGER (MAINT) UC AND DISCIPLINARY AUTHORITY, FERTILIZERS AND CHEMICALS OF TRAVANCORE LTD., CORPORATE OFFICE, UDYOGAMANDAL, KOCHI-683501.

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6 SIVA PRASAD T.B., ADVOCATE, (ENQUIRY OFFICER), NO.50/447A, EDAPALLY P.O., KOCHI-682024.

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OTHER PRESENT:

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SC-FACT-SRI.M.GOPIKRISHNAN NAMBIAR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.28872 OF 2020

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JUDGMENT

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This writ petition is filed seeking the following prayers:-

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“(i) To issue a writ of certiorari quashing Exhibits P3, P6P9, P13, P14 and P16 issued to the petitioner as unjust, illegal and arbitrary.

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(ii) To declare that the petitioner is innocent and is entitled to be exonerated from all the charges under Exhibits P3, P6-P9, P13, P14 and P16 and the same is liable to be set aside.

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(iii) To declare that the petitioner is innocent and he is entitled to be reinstated in service with effect from 10.02.2015, the date of suspension, with all service benefits including salary and arrears.

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(iv) To issue a writ of mandamus directing the respondents to reinstate the petitioner as Technical cum Craftsman in Electrical PD with effect from 10.02.2015, the date of suspension, with all service benefits including salary and arrears.

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(v) To issue a writ of mandamus directing the 3^rd respondent to consider and pass orders on Exhibit P20 representation submitted by the petitioner in the light of the Exhibit P17 recommendation issued by the National Scheduled Caste commission on humanitarian grounds after affording an opportunity of hearing to the petitioner.

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WP(C).No.28872 OF 2020

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Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents.

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It is submitted by the learned counsel for the petitioner that Ext.P20 representation seeking a reinstatement has been submitted before the Board of Directors of the 1^st respondent Company.

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Without expressing any view on the merits of the matter, there will be a direction to the 1^st respondent to consider and pass appropriate orders on Ext.P20 representation preferred by the petitioner within a period of three months from the date of receipt of a copy of this judgment.

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This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

Bng/07.01.2021

WP(C).No.28872 OF 2020

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE 26.6.2015 SUBMITT TO THE 2ND RESPON	REPRESENTATION DATED ED BY THE PETITIONER DENT.
EXHIBIT P2	TRUE COPY OF THE G.NO.11012/04/201 23.8.2016.	OFFICE MEMORANDUM VIDE 6-ESTT.(A) DATED
EXHIBIT P3	TRUE COPY OF THE NO.DGM(MAINT)UC-1 21.7.2015.	CHARGE SHEET 3A-747 DATED
EXHIBIT P4	TRUE COPY OF THE ORDERS FOR THE WO FERTILIZERS AND C LTD., PETROCHEMIC	CERTIFIED STANDING RKMEN OF THE HEMICALS, TRAVANCORE AL DIVISION.
EXHIBIT P5	TRUE COPY OF THE SHEET DATED 29.7.	REPLY TO THE CHARGE 2015.
EXHIBIT P6	TRUE COPY OF THE NO.DGM(MAINT)-UC- 10.8.2015.	ENQUIRY REPORT 13A-751 DATED
EXHIBIT P7	TRUE COPY OF THE PRELIMINARY HEARI	PROCEEDINGS OF THE NG DATED 12.10.2015.
EXHIBIT P8	TRUE COPY OF THE 19.10.2015.	ENQUIRY REPORT DATED
EXHIBIT P9	TRUE COPY OF THE 018 DATED 2.3.201	ORDER NO.DGM(UC)-D.1- 6.
EXHIBIT P10	TRUE COPY OF THE SUBMITTED BY THE	APPEAL DATED 31.3.2016 PETITIONER
EXHIBIT P11	TRUE COPY OF THE 3.7.2016.	MEMORANDUM DATED
EXHIBIT P12	TRUE COPY OF LETT 036-2016 DATED 5.	ER NO.FACT-SC&STEWF- 12.2016.

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WP(C).No.28872 OF 2020

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EXHIBIT P13 TRUE COPY OF LETTER NO.GM(HR&A)-CO-233 DATED 28.8.2017. EXHIBIT P14 TRUE COPY OF ORDER NO.CMD-CO-60 DATED 7.9.2017. EXHIBIT P15 TRUE COPY OF THE REVIEW PETITION DATED 16.9.2017 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P16 TRUE COPY OF THE ORDER NO.GM(HR)-CO095, DATED 11.4.2018. EXHIBIT P17 TRUE COPY OF THE FILE NO.KL/12/10/2017 DATED 27.7.2018. EXHIBIT P18 TRUE COPY OF THE LETTER DATED 14.5.2019. EXHIBIT P19 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER TO THE NATIONAL HUMAN RIGHTS COMMISSION DATED 14.10.2019. EXHIBIT P20 TRUE COPY OF THE REPRESENTATION DATED 18.12.2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ALONG WITH A COVERING LETTER DATED 18.12.2020 TO THE 2ND RESPONDENT.

Mahendran T., v. Fertilizers and Chemicals of Travancore Ltd.

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Mahendran T., v. Fertilizers and Chemicals of Travancore Ltd.

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