Disposed

Sreekumar P. J. v. Managing Director

Kerala HC4 Jan 2021WP(C)/29094/2020

Case brief

AI extract

What is this about?

Disposes of a writ petition seeking relief from Kerala Water Authority and handover of service records. Court directs the authority to consider the petitioner's representation submitted to the second respondent and subsequent representation to the first respondent within a month.

What did the court decide?

Directed the 1st Respondent to consider the petitioner's representation and pass orders within one month.

Sreekumar P. J. Vs Managing Director — Pension and Retirement Benefits | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶4

MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942

¶5

WP(C).No.29094 OF 2020(J)

¶6

PETITIONER:

¶7

SREEKUMAR P. J. AGED 43 YEARS S/O. P. V. JAGADAS, POKKALAYIL HOUSE, SOUTH ARYAD, KOMALAPURAM P. O., ALAPPUZHA, PIN - 688 521,

¶8

BY ADV. SRI.DARSAN SOMANATH

¶9

RESPONDENTS:

¶10

1 MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALABHAVAN, THIRUVANANTHAPURAM, PIN - 695 033.

¶11

2 THE EXECUTIVE ENGINEER KERALA WATER AUTHORITY, PUBLIC HEALTH DIVISION, THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN - 689645.

¶12

3 ASST. EXECUTIVE ENGINEER KERALA WATER AUTHORITY, P. H. SUB DIVISION, EDATHUA, ALAPPUZHA DISTRICT, PIN - 689507.

¶13

4 DISTRICT COLLECTOR ALAPPUZHA, COLLECTRATE, CIVIL STATION, ALAPPUZHA, PIN - 688 001.

¶14

GP- SRI. UNNIKRISHNA KAIMAL

¶15

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

WP(C).No.29094 OF 2020

¶17

¶18

JUDGMENT

¶19

This writ petition is filed seeking the following prayers:

¶20

“(i) to issue a Writ of Mandamus or any other appropriate writ, order or direction directing the 1^st respondent to hand over the service book/service record of the petitioner maintained in Kerala Water Authority to the District Collector, Alappuzha after making necessary entries in the service book to include the name of the petitioner in the Statutory Pension Scheme under Kerala Service Rules Part-III in the light of Ex.P4 Government Order, forthwith.

¶21

(ii) to issue a Writ of Mandamus or any other appropriate writ, order or direction directing 1^st respondent to relieve the petitioner from Kerala Water Authority forthwith.

¶22

(iii) to declare that the 1^st respondent is duty bound to relive the petitioner and to hand over the service book/service record of the petitioner to the District Collector Alappuzha where the petitioner is currently working”

¶23

Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the Kerala Water Authority.

¶24

It is submitted by the learned counsel for the petitioner that highlighting his grievances as against the action of the respondents in

¶25

not relieving him from the Kerala Water Authority to take up an employment in the Revenue Department, the petitioner has preferred

¶26

WP(C).No.29094 OF 2020

¶27

¶28

Ext.P9 representation before the 2^nd respondent, which is liable to be considered.

¶29

The learned Standing Counsel appearing for the respondents submits that the representation is to be considered by the 1^st respondent, who would be able to take a proper decision in the matter.

¶30

In the above view of the matter, this writ petition is disposed of directing that in case the petitioner submits a copy of Ext.P9 representation before the 1^st respondent, the same will be considered without further delay by the 1^st respondent. The petitioner shall produce a copy of Ext.P9 representation or any further representation he proposes to make before the 1^st respondent along with a copy of this judgment within two weeks. The 1^st respondent shall take up the said representation and consider and pass orders thereon within a period of one month thereafter.

Sd/-

ANU SIVARAMAN

JUDGE

WP(C).No.29094 OF 2020

¶36

¶37

APPENDIX

¶38

PETITIONER'S/S EXHIBITS:

¶39

EXHIBIT	P1 TRUE COPY OF THE ADVICE NO.KLR V(2) 2286/07(2) DATED 12.03.2013 FROM KERALA PUBLIC SERVICE COMMISSION.
EXHIBIT	P2 TRUE COPY OF ADVICE NO.ARI (4) 122/06 DATED 26.10.2013 FROM KERALA PUBLIC SERVICE COMMISSION.
EXHIBIT	P3 TRUE COPY OF GOVERNMENT ORDER NO.VIZ. GO(P) NO.20/2013/FIN. DATED 07.01.2013.
EXHIBIT	P4 TRUE COPY OF GOVERNMENT ORDER NO.VIZ. GO(P) NO.279/2014/FIN. DATED 14.07.2014.
EXHIBIT	P5 TRUE COPY OF COMMUNICATION VIDE NO.E71/91 DATED 02.05.2014 SEND BY ASST. EXECUTIVE ENGINEER, P. H. DIVISION, KERALA WATER AUTHORITY, EDATHUA TO DISTRICT COLLECTOR, ALAPPUZHA.
EXHIBIT	P6 TRUE COPY OF COMMUNICATION SEND BY OFFICE BEARERS OF M/S. ALAPPUZHA DISTRICT WATER AUTHORITY EMPLOYEES CO-OPERATIVE SOCIETY TO ASST. EXECUTIVE ENGINEER, PH SUB DIVISION, KWA, EDATHUA DATED 24.01.2020.
EXHIBIT	P7 TRUE COPY OF THE NON LIABILITY CERTIFICATE DATED 29.02.2020.
EXHIBIT	P8 TRUE COPY OF COMMUNICATION NO.671/91 DATED 01.02.2020 SEND BY 3RD RESPONDENT TO THE 2ND RESPONDENT.
EXHIBIT	P9 TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER TO 2ND RESPONDENT DATED NIL.
RESPONDE	NT'S/S EXHIBITS: NIL

Sreekumar P. J. v. Managing Director

Case brief

What is this about?

What did the court decide?

Sreekumar P. J. v. Managing Director

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Asha Akhilash Vs State of Kerala

Edwin R. Rose Vs the State of Kerala

T.S.Dharmarajan Vs Life Insurance Corporation of Inida

Reji C.A. Vs the State of Kerala

Kamarunnisa J Vs the State of Kerala

Mebin Varghese Vs Mahatma Gandhi University