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Madhu.T v. State of Kerala

Kerala HC22 Aug 2023WP(C)/109/2016

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition challenging a promotion and alleged supersession of seniority. The Court directed the third respondent to consider and dispose of the petitioner's representation within two months, ensuring an opportunity of hearing to all affected parties, and to provide notice before passing orders.

What did the court decide?

Direction to the third respondent to consider Ext.P8 and pass orders within two months of receipt of this judgment, after issuing notice and affording an opportunity of hearing to the petitioner and f

Madhu.T Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2023)

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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 SHOBA ANNAMMA EAPEN

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TUESDAY, THE 22^ND DAY OF AUGUST 2023 / 31ST SRAVANA, 1945

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WP(C) NO. 109 OF 2016

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PETITIONER/S:

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MADHU T., AGED 49 YEARS, ASSISTANT GENERAL MANAGER, KERALA FINANCIAL CORPORATION, BRANCH OFFICE, PATHANAMTHITTA, RESIDING AT VETTATHU VADAKKETHIL, KAYAMKULAM P.O., ALAPPUZHA DISTRICT.

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BY ADV SRI.K.R.RADHAKRISHNAN NAIR

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENED BY ITS SECRETARY, FINANCE, DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING DIRECTOR.

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3 CHAIRMAN-CUM-MANAGING DIRECTOR, KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM.

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4 GENERAL MANAGER (A & C), KERALA FINANCIAL CORPORATION, VELAYAMBALAM, THIRUVANANTHAPURAM-695005

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5 T.RAVEENDRAN, MANAGER H.O., KERALA FINANCIAL CORPORATION, VELLAYAMBALAM, THIRUVANANTHAPURAM. (NOW UNDER ORDERS OF TRANSFER AS CHIEF MANAGER, BRANCH OFFICE, KERALA FINANCIAL CORPORATION, PATHANAMTHITTA)

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BY ADVS. SRI.K.JAJU BABU (SR.) SMT.M.U.VIJAYALAKSHMI, SC, KFC SRI.M.R.VENUGOPAL, SC, KFC

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OTHER PRESENT:

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SMT. MARY BEENA JOSEPH -SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 109 OF 2016

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..2..

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JUDGMENT

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The petitioner, who has been working as Chief Manager with the second respondent – the Kerala Financial Corporation, was promoted to the post of Assistant General Manager on 17.04.2015. He is aggrieved by the promotion given to the fifth respondent allegedly superseding the seniority of the petitioner. Though the petitioner filed Ext.P8 representation before the third respondent

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pointing out the alleged anomalies, no orders have been passed thereon. Hence, the petitioner has approached this Court with the above writ petition.

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Today, when the matter is taken up for hearing, the learned counsel for the petitioner has limited the prayer for a consideration of Ext.P8 representation filed before the third respondent in the time bound manner.

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Considering the facts and circumstances

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of the case, I am of the opinion that the writ petition can be disposed of, with a direction to

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WP(C) NO. 109 OF 2016

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..3..

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the third respondent to consider and dispose of

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Ext.P8 representation in a time bound manner.

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Accordingly, the writ petition is disposed

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of, as follows;

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a)The third respondent is directed to consider and pass appropriate orders in accordance with law on Ext.P8 representation filed by the petitioner within a period of two months from the date of receipt of a certified copy of this judgment.

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b)Before passing such orders, notice shall be issued to the petitioner and the fifth respondent and an opportunity of hearing

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shall also be afforded to them.

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The petitioner shall produce a certified copy

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of this judgment along with the writ petition

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before the third respondent for compliance.

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Sd/-

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SHOBA ANNAMMA EAPEN

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JUDGE

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bka/-

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WP(C) NO. 109 OF 2016

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..4..

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APPENDIX OF WP(C) 109/2016

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PETITIONER EXHIBITS

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P1 - TRUE COPY OF THE JUDGMENT DT. 20.10.2015 IN WPC NO. 12613/15 OF THIS HON'BLE COURT.

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P2 - TRUE COPY OF THE FINAL LIST DT. 05.11.2015 PUBLISHED BY THE 3RD RESPONDENT. P3 - TRUE COPY OF THE PROCEEDING NO. 2107 DATED 12.11.2015 ISSUED BY THE 3RD RESPONDENT. P4 - TRUE COPY OF THE ORDER NO.2314 DATED 10.12.2015 ISSED BY THE 3RD RESPONDENT.

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P5 - TRUE COPY OF THE REPRESENTATION DT. 10.12.2015 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESDPONDENT.

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P6 - TRUE COPY OF THE SERVICE ORDER NO. 2419 DT. 29.12.2015 ISSUED BY THE 3RD RESPONDENT.

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P7 - TRUE COPY OF THE NOTE NO.2411 DT. 26.12.2015 ISSUED BY THE 4TH RESPONDENT.

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P8 - TRUE COPY OF THE REPRESENTATION DT. 30.12.2015 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Madhu.T v. State of Kerala

Case brief

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Madhu.T v. State of Kerala

Case brief

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