Disposed

Asha P.R., v. the State of Kerala

Kerala HC3 Mar 2022WP(C)/6977/2022

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged the rejection of the corporation's request to create a Finance Manager post by abolishing her existing role. Directions were issued for reconsideration afresh.

What did the court decide?

Directed the 1st respondent to reconsider the Request along with the Petitioner's Representation, de hors the decision at Ext.P7, and pass fresh orders after an opportunity of hearing within 3 months.

Asha P.R., Vs the State of Kerala — Pension and Retirement Benefits | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4

THURSDAY, THE 3RD DAY OF MARCH 2022 / 12TH PHALGUNA, 1943
WP(C) NO. 6977 OF 2022

¶5

PETITIONER/S:

¶6

ASHA P.R.
AGED 50 YEARS
W/O. N.K SHAJAN, ACCOUNTS MANAGER, KERALA FOREST
DEVELOPMENT CORPORATION LTD, REGD OFFICE AT AARANYAKOM,
KARAPUZHA, KOTTAYAM 686 003
RESIDING AT NOCHIYIL HOUSE, VATTANATHRA P.O, THRISSUR 680
302 9846701556
BY ADVS.
ELVIN PETER P.J.
K.R.GANESH
GOURI BALAGOPAL
ABHIJITH.K.ANIRUDHAN
SREELEKSHMI A.S.

¶7

RESPONDENT/S:

¶8

1 THE STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FOREST AND WILD LIFE (D) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001

¶9

2 THE KERALA FOREST DEVELOPMENT CORPORATION LTD REPRESENTED BY ITS MANAGING DIRECTOR, REGD. OFFICE AT ARANYAKOM, KARAPUZHA , KOTTAYAM 686 003

¶10

3 THE MANAGING DIRECTOR KERALA FOREST DEVELOPMENT CORPORATION LTD, REGD. OFFICE AT ARANYAKOM, KARAPUZHA, KOTTAYAM 686 003

¶11

OTHER PRESENT:

¶12

GP VENUGOPAL V. SC FOR KFDC KABANI DINESH

¶13

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

WP(C) NO. 6977 OF 2022

¶15

¶16

JUDGMENT

¶17

Dated this the 3^rd day of March, 2022

¶18

The petitioner is working as Accounts Manager in the Kerala Forest and Wild Life Corporation Limited (‘the Corporation’ for short). As per Ext.P4 resolution dated 28.3.2017, the Board of directors of the Corporation resolved to create a post of Finance Manager in the Corporation by abolishing the existing post of Accounts Manager. The Board has resolved that the Managing Director should take up the matter with the Government for its sanction. Accordingly, the Managing Director intimated the decision to the Additional Chief Secretary to Government, Forest and Wild Life Department. As there was no response from the Government, Ext P6 reminder was sent. Later, by Ext.P7, the Under Secretary, Forest and Wild Life Department, informed that the request made under the Exts.P5 and P6 cannot be considered, since the Forest Development Corporation had only paid up capital of less than Rupees Ten Crores and under the Companies Act 2013, only a Company having paid up capital of more than Rupees

¶19

WP(C) NO. 6977 OF 2022

¶20

3

¶21

Ten Crores is required to create the Key Managerial posts. The decision regarding creation of the posts being beyond the level of the Under Secretary to the Government, the Managing Director issued Ext.P8 letter to the Principal Secretary Forest and Wild life Department requesting for permission to create the post of Finance Manager. The petitioner, who is proposed to be posted as Finance Manager on obtaining sanction from the Government, has also taken up the matter with the Government by submitting Ext.P9 representation.

¶22

2.Learned counsel for the petitioner submits that, for the present, the petitioner will be satisfied if the request made by her is considered by the Principal Secretary. It is submitted that the officer who had issued Ext.P7 is not authorized to do so and the reason stated in Ext.P7 are also legally unsustainable.

¶23

Learned Government Pleader points out that the request regarding amendment of Special Rules cannot be made by an individual employee and the 3^rd respondent having taken up the matter with the Government, there can be a direction to jointly

¶24

WP(C) NO. 6977 OF 2022

¶25

¶26

consider Exts.P8 and P9.

¶27

4.I heard the learned Standing Counsel for the 2^nd respondent, who also submits that the matter requires

¶28

reconsideration.

¶29

In the result, the writ petition is disposed of directing the 1^st respondent to consider the request made under Ext.P8 along with Ext.P9 representation submitted by the petitioner, de hors the decision at Ext.P7, and to pass fresh orders thereon, after affording an opportunity of hearing to the petitioner and the 3^rd respondent. The order as directed above shall be passed within an outer limit of three months of receipt of a copy of this judgment.

¶30

Sd/V.G ARUN JUDGE

¶31

¶32

WP(C) NO. 6977 OF 2022

¶33

¶34

APPENDIX OF WP(C) 6977/2022

¶35

`PETITIONER EXHIBITS` `Exhibit P1`	`TRUE PHOTOCOPY OF` `479/09/F AND WLD D` `THE GOVERNMENT GRA` `THE PETITIONER AS` `CORPORATION`	`THE ORDER G.O(RT) NO` `ATED 08-10-2009 ISSUED BY` `NTING SANCTION TO APPOINT` `ACCOUNTS MANAGER IN THE`
`Exhibit P2`	`TRUE PHOTOCOPY OF` `DATED 15-10-2009 I` `APPOINTING THE PET` `IN THE CORPORATION`	`THE ORDER NO. E1-608/2009` `SSUED BY THE CORPORATION` `ITIONER AS ACCOUNTS MANAGER`
`Exhibit P3`	`TRUE PHOTOCOPY OF` `23-10-2009 ISSUED` `THE PETITIONER.`	`ORDER NO. E1-608/09 DATED` `BY THE MANAGING DIRECTOR TO`
`Exhibit P4`	`TRUE PHOTOCOPY OF` `MEETING OF THE BOA` `FOREST DEVELOPMENT` `2017`	`THE MINUTES OF THE 188TH` `RD OF DIRECTORS OF KERALA` `CORPORATION HELD ON 28-03-`
`Exhibit P5`	`TRUE PHOTOCOPY OF` `2967/2006/VIL. II` `THE MANAGING DIREC` `SECRETARY TO GOVER`	`THE COMMUNICATION NO E1-` `DATED 23-06-2017 ISSUED BY` `TOR TO THE ADDITIONAL CHIEF` `NMENT`
`Exhibit P6`	`TRUE PHOTOCOPY OF` `2967/2006/VOL. II` `THE MANAGING DIREC`	`THE COMMUNICATION NO E1-` `DATED 05-10-2017 ISSUED BY` `TOR`
`Exhibit P7`	`TRUE PHOTOCOPY OF` `ISSUED BY THE UNDE` `THE MANAGING DIREC`	`THE LETTER DATED 15-03-2018` `R SECRETARY TO GOVERNMENT TO` `TOR.`
`Exhibit P8`	`TRUE PHOTOCOPY OF` `2967/2006 VOL. II` `THE MANAGING DIREC` `SECRETARY, FOREST`	`THE COMMUNICATION NO E2-` `DATED 07-10-2021 ISSUED BY` `TOR TO THE PRINCIPAL` `WILD LIFE DEPARTMENT.`
`Exhibit P9`	`TRUE PHOTOCOPY OF` `02-2022 SUBMITTED` `1ST RESPONDENT`	`THE REPRESENTATION DATED 17-` `BY THE PETITIONER BEFORE THE`

Asha P.R., v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Asha P.R., v. the State of Kerala

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

Snehalal K. C. Vs the Chief Engineer Hrm

Sheeja Chandran, Vs the Kerala State Civil Supplies Corporation Limited

V. Rajesh Vs Kerala State Electricity Board Ltd.

Rajadas P.N. Vs Kerala State Electricity Board

Jayadevan.O.S, Vs Kerala State Electricity Board Ltd.

Thamil Viswakarma Samooham, Vs State of Kerala