Allowed

Ernakulam Regional Co-Operative Milk Producers Union Ltd. v. Anand.K.v

Kerala HC30 Nov 2022RP/681/2022

Case brief

AI extract

What is this about?

The Kerala High Court allowed a review petition seeking modification of a prior judgment. The court deleted the clause setting aside Ext.P8 to clarify intent regarding candidate vacancies and directed authorities to proceed with the enquiry within a month.

What did the court decide?

The judgment in WP(C)No.14804/2022 is modified to delete the words 'and set aside Ext.P8' in paragraph 10; authorities must comply with directions within one month.

Ernakulam Regional Co-Operative Milk… — Pension and Retirement Benefits | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶4

WEDNESDAY, THE 30^TH DAY OF NOVEMBER 2022 / 9TH AGRAHAYANA, 1944

¶5

RP NO. 681 OF 2022

¶6

(AGAINST JUDGMENT DATED 06.06.2022 IN WP(C)NO.14804 OF 2022)

¶7

REVIEW PETITIONER/RESPONDENTS 2 & 3:

¶8

1 ERNAKULAM REGIONAL CO-OPERATIVE MILK PRODUCERS UNION LTD, P.B. NO.2212, EDAPPALLY, ERNAKULAM, KOCHI-682 024, REPRESENTED BY ITS MANAGING DIRECTOR.

¶9

2 MANAGING DIRECTOR, ERNAKULAM REGIONAL CO-OPERATIVE MILK PRODUCERS UNION LTD, P.B. NO.2212, EDAPPALLY, ERNAKULAM, KOCHI-682 024.

¶10

BY ADV.SMT.LATHA ANAND

¶11

RESPONDENTS/PETITIONER AND 1ST RESPONDENT:

¶12

1 ANAND.K.V., AGED 33 YEARS, S/O. VIJAYAN, KALARIPARAMBIL, KEEZHUKUNNU, COLLECTORATE P.O, KOTTAYAM, PIN-686 002.

¶13

2 SECRETARY TO GOVERNMENT, AGRICULTURE DAIRY DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001.

¶14

BY ADV.SRI.R.T.PRADEEP

¶15

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON

¶16

30.11.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶17

RP NO.681/2022 in WP(C)NO.14804/2022

¶18

-2-

¶19

ORDER

¶20

This petition, seeking review of the judgment in W.P.(C)No.14804/2022, has been impelled by the petitioners - which is represented by its learned Senior Counsel - Sri.K.Anand, instructed by Sri.Vishnu S.Arikkattil - on the ground that, even though

¶21

it may not have been the intent of this Court to set aside Ext.P8, it has been inadvertently done, and further, that the vacancy in question cannot be construed to be a 'Non Joining Duty' Vacancy (NJD vacancy).

¶22

On the first afore limb of the afore

¶23

submissions of Sri.K.Anand – learned Senior Counsel, I must say that I find some force because, going by the last portion of the judgment in question, it is luculent that this Court never intended to set aside Ext.P8; but to

¶24

RP NO.681/2022 in WP(C)NO.14804/2022

¶25

-3-

¶26

keep all proceedings pursuant thereto in

¶27

abeyance, until the exercise as ordered therein had been completed.

¶28

the argument, I do not think that this Court can now consider this review on such ground because, as evidenced from the judgment itself, I had directed the Authorities to consider the same; for which purpose, they can rely on any precedent or input, as may be relevant and

¶29

germane.

¶30

counsel for the writ petitioner, also affirmed the afore, saying that the question whether the

¶31

vacancy in question is an 'NJD vacancy' is to be decided after a proper enquiry, which has been ordered by this Court correctly.

¶32

In the afore circumstances, I allow this

¶33

Review Petition, modifying the judgment to the

¶34

¶35

-4-

¶36

extent that the words 'and set aside Ext.P8' in

¶37

paragraph 10 will stand deleted. In all other respects, the judgment will remain unaltered.

¶38

Needless to say, the compliance of the

¶39

directions in the judgment in question will be completed by the respondents therein within a period of one month from the date of receipt of a copy of this order.

¶40

Sd/-

¶41

DEVAN RAMACHANDRAN JUDGE

akv

-5-

APPENDIX OF RP 681/2022

¶46

PETITIONER ANNEXURES

¶47

ANNEXURE A1 TRUE COPY OF THE ORDER DATED 1.8.2019 ISSUED BY THE 2ND RESPONDENT. ANNEXURE A2 TRUE COPY OF THE RELEVANT PAGES OF THE RECRUITMENT PROMOTION RULES OF ERCMPU.

Ernakulam Regional Co-Operative Milk Producers Union Ltd. v. Anand.K.v

Case brief

What is this about?

What did the court decide?

Ernakulam Regional Co-Operative Milk Producers Union Ltd. v. Anand.K.v

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

Bpcl Employees Co-Operative Society LTD.NO.226 Vs K.R.Santosh

R.K.Vinod Vs Sunitha Jacob

K.R Santhosh Vs the B.P.C.L Employees Co-Operaive Society Ltd. NO.226

P.Ramachandran Vs the Joint Registrar (General)

Pallikkunnu Service Co-Operative Bank Ltd., Vs Roopesh K.

Kerala Malanad Karshaka Produce Co-Operative Society Ltd. Vs the Kerala Co-Operative Tribunal