The Court held that the writ petition seeking promotion to Deputy General Manager became infructuous. The interim direction for provisional promotion could not be given as the vacancy was filled and revoked, and the petitioner, ranked 6th, could not aspire to the post. Consequently, the petition was closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT
THEHONOURABLEMR.JUSTICERAJAVIJAYARAGHAVANV
TUESDAY,THE7THDAYOFNOVEMBER2023/16THKARTHIKA,1945
WP(C)NO.23924OF2022
PETITIONER :-
VIJAYANA,AGED56YEARS
S/OVELUA,ASSISTANTGENERALMANAGER(HRGRADE)
BUSINESSDEPARTMENT,THEKERALASTATEFINANCIALENTERPRISES
LTD,HEADOFFICETHRISSUR,RESIDINGATVAISHNAVAMNORTH
ANNARATIRURPOMALAPPURAMDISTRICT,676101
BYADVS.
BINDUMOLJOSEPH
PUSHKARAKSHANV.P
SRIVIDYAK
M.V.RAHUL
RESPONDENT/S:
1 THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, CORPORATE OFFICE, BHADRATHA THRISSUR 680020, REPRESENTED BY ITS MANAGING DIRECTOR2THECHAIRMAN,
THEKERALASTATEFINANCIALENTERPRISESLTD.,
CORPORATEOFFICE,BHADRATHA,THRISSUR680020
3THEMANAGINGDIRECTOR,
THEKERALASTATEFINANCIALENTERPRISESLTD.,
CORPORATEOFFICE,BHADRATHATHRISSUR680020
*4ADDL.R4IMPLEADED:-
NISHAA.B.,AGED45YEARS
WIFEOFASHOKKUMART.V.,ASSISTANTGENERALMANAGER-IT
(HIGHERGRADE),KERALASTATEFINANCIALENTERPRISESLTD.,
REGIONALOFFICE,SIVASAKTHIBUILDINGS,ROUNDNORTH,
THRISSUR-680001,RESIDINGAT2B,ASSETCHIRAAG,
VIYYURP.O.,THRISSUR-680010
W.P.(C.) No. 23924 of 2022
2
*ADDL.R4ISIMPLEADEDSPERORDERDATED03.08.2022IN
I.A.1/2022INWPC23924/2022.
BYADVS.
M.GOPIKRISHNANNAMBIAR
B.ASHOKSHENOY
K.JOHNMATHAI
JOSONMANAVALAN
KURYANTHOMAS
PAULOSEC.ABRAHAM
RAJAKANNAN
THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSIONON
07.11.2023,THECOURTONTHESAMEDAYDELIVEREDTHEFOLLOWING:
W.P.(C.) No. 23924 of 2022
3
JUDGMENT
The writ petition is filed seeking the following reliefs :-
“(i) To issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to forthwith promote the petitioner as DGM from Exhibit P5 ranked list with effect from 01.06.2022 with all consequential benefits including arrears of salary. (ii) To declare that the action of the respondents in not promoting the petitioner to the category of DGM with effect from 01.06.2022 to one of the two vacancies which arose on the said date is absolutely illegal, manifestly arbirary, unfair, unreasonable, unconstitutional and violative of article 14 & 16 of the Constitution of India.”
had directed the respondents to provisionally promote the petitioner as DGM from Ext.P5 select list forthwith. After the passing of the interim order, certain developments took place. As a matter of fact, one Pramodan A, who was working in the post of DGM (RR), was promoted to the post of General Manager (Risk and Compliance). The promotion order was conditional inasmuch as the said vacancy to that particular post arose on account of the deputation of certain Dr.Sanil S.K as Managing Director of MARKETFD.
W.P.(C.) No. 23924 of 2022
4
In that view of the matter, this petition has become infructuous. This writ petition is closed.
Sd/-
RAJA VIJAYARAGHAVAN V, JUDGE
SMA
W.P.(C.) No. 23924 of 2022
5
APPENDIX OF WP(C) 23924/2022
PETITIONER EXHIBITS :-
Exhibit P1 |
TRUE COPY OF THE RESOLUTION DATED 27.05.2020 OF THEBOARDOFDIRECTORSOFKERALASTATEFINANCIALENTERPRISES |
|---|---|
Exhibit P2 |
TRUE COPY OF THE RESOLUTION DATED 29.06.2020 OF THE1ST RESPONDENT |
Exhibit P3 |
TRUE COPY OF THE MEMO DATED 22.07.2020 |
Exhibit P4 |
TRUE COPY OF THE RESOLUTION DATED 28.07.2020 OF THEBOARD OF DIRECTORS OF THE 1ST RESPONDENT |
Exhibit P5 |
TRUE COPY OF THE MINUTES OF THE MEETING OF THE BOARDOF DIRECTORS OF THE 1ST RESPONDENT DATED 30.09.2020 |
Exhibit P6 |
A TRUE COPY OF THE RESOLUTION DATED 06.07.2021 |
Exhibit P7 |
TRUE COPY OF THE REPRESENTATION 13.05.2022 SUBMITTEDBY THE PETITIONER BEFORE THE 2ND RESPONDENT |
Exhibit P8 |
ATRUECOPYOF THE INTERIM ORDER IN WRIT PETITION(CIVIL) NO. 23036/2022 DATED 19.07.2022 |
RESPONDENT EXHIB |
ITS :- |
|||||||||
|---|---|---|---|---|---|---|---|---|---|---|
Exhibit R1(A) |
TRUE DIREC09.05 |
COPY TORS.2022 |
OF OF. |
THE TH |
MINUTES E1ST |
OF RES |
MEETING PONDENT |
OF CO |
THE BOMPANY |
ARD OFDATED |
Exhibit R1(b) |
TRUE 04.08 |
COPY .2022 |
OF IS |
THE SUED |
PROVISIBY THE |
ONA1ST |
L PROMOPETITIO |
TION NER |
ORDER HEREIN |
DATED. |
Exhibit R1(c) |
TRUEISSUE |
COPYD BY |
OFHE |
THE1ST |
PROMOTPETITION |
IONER H |
ORDEREREIN |
DATE |
D15.0 |
3.2022 |
W.P.(C.) No. 23924 of 2022
6
Exhibit R1(d) |
TRUE COPY OF THE APPEAL NO.1179 OF KERALA |
JUDGMENT D2021 OF T |
ATED 01.09HE HON'BLE |
.202HIGH |
2 IN WCOURT |
RITOF |
|---|---|---|---|---|---|---|
Exhibit R1(e) |
TRUECOPYOFTHISSUED BY THE 1ST |
EOFFICEPETITIONER |
ORDERDATEHEREIN. |
D0 |
5.09.2 |
022 |
Exhibit R4(a) |
TruecopyofNo.73/2020/TAXESGovernment of Kera |
Governmendatedla |
tOrder15.09.2020 |
-is |
G.O.(sued |
Ms)by |
Exhibit R4(b) |
TruecopyLetterPublicInformatioMr.P.Unnikrishnan |
dated22.nOfficeralong with |
8.2022issof1strits readab |
uedespole c |
byStndentopy |
ateto |
Exhibit R4(c) |
TruecopyofLetMr.P.UnnikrishnanOfficerof1strecopy |
terdatedtoStaspondent |
26.7.2022tePublicalongwith |
addInits |
ressedformatreada |
byionble |
Exhibit R4(d) |
True copy of Call 1st respondent to |
Letter daAdditional |
ted 16.07.2Respondent |
020 no. |
issued4 |
by |
Exhibit R4(e) |
TruecopyofletttheStatePublicrespondent to alon |
erdatedInformatig with its |
22.04.2021onOfficerreadable c |
addofopy |
ressedthe |
by1st |
2 issues framed by the court
Whether the writ petition seeking promotion to DGM is maintainable after its reliefs became infructuous due to vacancy abolition.
Whether the petitioner is entitled to promotion when the vacancy no longer exists.
Vijayana
The Kerala State Financial Enterprises Limited
The Chairman, The Kerala State Financial Enterprises Ltd.
The Managing Director, The Kerala State Financial Enterprises Ltd.
Nishaa B.
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court