Disposed

Jayarajan N K v. State of Kerala

Kerala HC5 Mar 2024WP(C)/3986/2023

Case brief

AI extract

What is this about?

The High Court directed the Kerala State Civil Supplies Corporation to forward the petitioners' representation regarding promotion anomalies to the Food and Civil Supplies Department, which was ordered to take a final decision within two months after providing an opportunity of hearing.

What did the court decide?

Direction to forward representation to the State Government and for a decision within two months with opportunity of hearing.

Jayarajan N K Vs State of Kerala — Service and Employment | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE BASANT BALAJI

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TUESDAY, THE 5TH DAY OF MARCH 2024 / 15TH PHALGUNA, 1945
WP(C) NO. 3986 OF 2023

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PETITIONER/S:

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1JAYARAJAN N K
AGED 54 YEARS
S/O N.K.KRISHNAN NADUMBILLY HOUSE, CHERPU,
PERUMBILLYSSERY, THRISSUR, PIN - 680561

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2 JOHNY P V AGED 53 YEARS

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S/O VARGHESE, PALLICKAKUDY HOUSE, KADAYIRUPPU PO,
KOLENCHERY, ERNAKULAM, PIN - 682311

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3 SEN P K AGED 49 YEARS

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S/O KUTTAPPAN, CHETHUKUNNEL HOUSE, KALLARA PO,
KOTTAYAM, PIN - 686611

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4 TITUS KURIAKOSE AGED 53 YEARS

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S/O K.J. KURIAKOSE KUTTINAL HOUSE, KAITHAKKADU,
KIZHAKKAMBALAM PO, ERNAKULAM, PIN - 683562

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5 BIJU JOSEPH AGED 54 YEARS S/O K.J. JOSEPH, KUNNAMPURATH HOUSE, CHINNAR, MANKUVA P O, IDUKKI, PIN - 684604

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6 THANKAVELU A AGED 55 YEARS S/O ARUMUGHAN, THOTTUMEDU HOUSE, CHEDAYANKALAYI, KANJIKODE PO, PALAKKAD, PIN - 678623

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7 SUNI P S AGED 49 YEARS

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S/O P.G. SUKUMARAN, PUTHENKUDY HOUSE, MEKKALADY,
MANICKAMANGALAM PO, ERNAKULAM, PIN - 683574

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8 DILEEPKUMAR T AGED 49 YEARS S/O THANKAPPAN, KOCHUTHUNDIPARAMBIL HOUSE, CHINGAVANAM PO, KATTANAM, PIN - 686531

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9 VINUKUMAR V AGED 44 YEARS S/O G. VISWANATHAN, LALITHA MANDIRAM, PARAPPIL, MUTHUVILA PO, THIRUVANANTHAPURAM, PIN - 695610

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10 AJAYKUMAR R AGED 42 YEARS

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WP(C)No.3986 of 2023

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S/O RAMAKRISHNAN, POOKKURISSI HOUSE, ALATHUR, PULLODE
P.O, PALAKKAD, PIN - 678545

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11SHIBU K
AGED 44 YEARS
S/O KUTTIKRISHNAN ATHIMANI HOUSE, VANDITHAVALAM PO,
PALAKKAD, PIN - 678534

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12PREJEESH P S
AGED 45 YEARS
S/O SOMANATHAN NAIR MARUTHANAL HOUSE, CHERUVALLY,
KAVUMBHAGAM PO, KOTTAYAM, PIN - 686519
BY ADVS.
M.M.MONAYE
M.PAUL VARGHESE
V.P.NARAYANAN
K.V.SANOSH
ANJANA SUGUNAN

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RESPONDENTS:

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1STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT FOOD AND CIVIL
SUPPLIES DEPARTMENT, THIRUVANANTHAPURAM., PIN -
695001

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2 KERALA STATE CIVIL SUPPLIES CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, MAVELI BHAVAN, GANDHI NAGAR, KOCHI, PIN - 682020

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3 THE ADDITIONAL GENERAL MANAGER (P&A) KERALA STATE CIVIL SUPPLIES CORPORATION, MAVELI BHAVAN, GANDHI NAGAR, KOCHI, PIN - 682020 BY ADVS. MOLLY JACOB - SC

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SRI. TONY AUGUSTINE -GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C)No.3986 of 2023

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JUDGMENT

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Dated this the 5^th day of March, 2024

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The petitioners are drivers working in the 2 nd respondent. They have filed Ext.P18 representation before the 2 nd respondent, seeking the anomaly in ratio promotion of drivers. The said representation is filed on 13.12.2022.

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2. The learned Standing Counsel for respondents as well as the learned Government Pleader submits that the matter has to be taken into consideration by the 1 st respondent. Therefore, the 2 nd respondent submits that Ext.P18 can be forwarded to the 1 st respondent, who shall take a final decision in the matter.

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3. Therefore, taking into consideration the above facts and hearing the learned counsel for the petitioners, learned standing counsel as well as the learned Government Pleader, there will be a direction to the 2 nd respondent to forward Ext.P18 to the 1 st respondent within a period of two weeks from today and the 1 st respondent is directed to take decision on Ext.P18 thereafter, within a period of two months from

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WP(C)No.3986 of 2023

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the date of receipt of copy of this judgment. A representative of the petitioners shall be given an opportunity of hearing, before final orders are passed on Ext.P18 by the 1 st respondent. The petitioners are also free to file additional representation, if they are advised so.

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Sd/-

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BASANT BALAJI JUDGE

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WP(C)No.3986 of 2023

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APPENDIX OF WP(C) 3986/2023

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PETITIONER EXHIBITS
Exhibit P1A TRUE COPY OF THE PROCEEDINGS OF
APPOINTMENT OFDRIVER SHIBUDATED
04.07.2005
Exhibit P2A TRUE COPY OF THE PAY REVISION ORDER
G.O/(P) NO. 85/2011/FIN DATED 26.02. 2011
Exhibit P3A TRUE COPY OF THE GOVERNMENT ORDER GO (MS)
NO: 35/11/F&CSD DATED 12.9.2011.
Exhibit P4A TRUE COPY OF THE COMPARATIVE CHART OF PAY
SCALE EFFECTIVE FROM 1992 TO 2009
Exhibit P5A TRUE COPY OF THE PROCEEDINGS OF THE
CHAIRMAN & MANAGING DIRECTOR DATED
16.09.2011
Exhibit P6A TRUE COPY OF THE GOVERNMENT ORDER
GO(MS)11/2012/F&CSD DATED 14.5.2012
Exhibit P7A TRUE COPY OF THE CORRESPONDENCE TO THE
DRIVERS DATED 18.12.2013
Exhibit P8A TRUE COPY OF THE REPRESENTATION DATED
22.09.2021 TO THE CHAIRMAN AND MANAGING
DIRECTOR OF CIVIL SUPPLIES CORPORATION
Exhibit P9A TRUE COPY OF THE LAWYER NOTICE DATED
30.09.2021 TO THE CHAIRMAN AND MANAGING
DIRECTOR OF CIVIL SUPPLIES CORPORATION
Exhibit P10A TRUE COPY OF THE REPLY THROUGH LAWYER BY
THE CORPORATION DATED 03.11.2021
Exhibit P11A TRUE COPY OF THE GO(MS) NO.267/2013(162)
FIN DATED 3.6.2013
Exhibit P12A TRUE COPY OF THE JUDGMENT WPC
NO.21860/2021 DATED 22.11.2021
Exhibit P13A TRUE COPY OF THE GO (MS) NO. 6/2022/F&CS
DATED 11.03.2022
Exhibit P14A TRUE COPY OF THE CIVIL SUPPLIES
CORPORATION ORDER NO. D3-30508/18 DATED
07.05.2022
Exhibit P15A TRUE COPY OF THE CIRCULAR NO. 9/2016
DATED 09.12.2016
Exhibit P16A TRUE COPY OF THE CIRCULAR NO. NFSA
3/10805/17 DATED 23.12.2017
Exhibit P17A TRUE COPY OF THE ORDER NO. D3-3800/19
DATED 23.09.2020

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WP(C)No.3986 of 2023

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Exhibit P18A TRUE COPY OF THE REPRESENTATION DATED
07.12.2022 TO THE CHAIRMAN AND MANAGING
DIRECTOR OF CIVIL SUPPLIES CORPORATION
Exhibit P19A TRUE COPY OF THE LETTER NO. D3-30508/18
OF THE SUPPLYCO DATED 28.12.2022
Exhibit P20A TRUE COPY OF THE ORDER NO. E8-
23128/2014(2) OF THE DIRECTOR OF URBAN
AFFAIRS DATED 27.09.2019
Exhibit P21A TRUE COPY OF THE ORDER NO. E8-17948/2020
OF THE DIRECTOR OF URBAN AFFAIRS DATED
17.09.2021

Jayarajan N K v. State of Kerala

Case brief

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Jayarajan N K v. State of Kerala

Case brief

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