Kerala High Court
Chandradasan M.C vs The State Of Kerala on 18 July, 2025
2025:KER:53606
W.P.(C).No.23231 of 2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
FRIDAY, THE 18TH DAY OF JULY 2025 / 27TH ASHADHA, 1947
WP(C) NO. 23231 OF 2020
PETITIONER:
CHANDRADASAN M.C
AGED 57 YEARS
CHANDRODAYAM, KULAKKAD P O, CHERUPULASSERY, PALAKKAD,
PIN - 679503.
BY ADV SHRI.R.S.KALKURA
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
SCHEDULED CASTE DEVELOPMENT DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
2 THE KERALA STATE DEVELOPMENT
CORPORATION FOR SCHEDULE CASTES AND SCHEDULE TRIBES
LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR,
P.B. NO. 523, TOWN HALL ROAD, THRISSUR - 680020.
3 P.C. RATHNAKARAN,
DISTRICT MANAGER, K.S.D.C FOR SC/ST LTD,
DISTRICT OFFICE, PINANGODE (JUNCTION), KALPATTA (P.O),
WAYANAD DISTRICT.
NOW RESIDING AT MADATHIL HOUSE,
PINARAYI.P O, KANNUR - 670741.
BY ADVS.SHRI.M.K.CHANDRA MOHANDAS
SHRI.I.V.PRAMOD, SC, KERALA STATE DEVELOPMENT
CORPORATION FOR SC/ST LIMITED
OTHER PRESENT:
ADV HARISH VASUDEVAN
ADV LATHA THANKAPPAN, SPL.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:53606
W.P.(C).No.23231 of 2020
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S.MANU, J.
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W.P.(C).No.23231 of 2020
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Dated this the 18th day of July, 2025
JUDGMENT
Petitioner joined Kerala State Development Corporation for Scheduled Castes and Scheduled Tribes Limited as Assistant Grade II on 08.01.1997. He was later promoted as Assistant Grade I on 16.02.1999. Next higher post was of Junior Superintendent/Assistant Administrative Officer. Clearing of Departmental Test in Manual of Office Procedure was made mandatory for promotion from Assistant Grade II to Grade I and two years time was granted for clearing the test to those who were promoted without clearing the test. Petitioner cleared the test on 31.12.1999.
2025:KER:53606 W.P.(C).No.23231 of 2020 3
2. The 3rd respondent passed the test on 31.12.1998 one year before the petitioner passed the test. He raised a claim that he shall be treated as senior as he passed the test early. When a seniority list was published on 20.12.2000 the petitioner was at rank 34 and the 3 rd respondent was at rank 38. The 3 rd respondent joined service only on 17.04.1977, and therefore, he was junior to the petitioner. However, based on the claim made by the 3 rd respondent for re-fixing the seniority, he was placed at rank No.22 and the petitioner was placed at rank No.33 when another seniority list was published later. On the basis of the said seniority list, the 3rd respondent was promoted as Junior Superintendent/Assistant Administrative Officer on 24.06.2003.
3. Those who were adversely affected by the revised seniority list published submitted objections and on 2025:KER:53606 W.P.(C).No.23231 of 2020 4 10.10.2008 another seniority list was published wherein the petitioner was placed in the 32nd rank and the 3rd respondent was placed in the 35 th rank. The petitioner was promoted as Junior Superintendent/Assistant Administrative Officer only on 16.05.2012. Case of the petitioner is that denial of promotion to the post of Junior Superintendent/Assistant Administrative Officer in 2003 was on account of mistakes committed by the Corporation in fixing the seniority and therefore the petitioner is entitled for getting his seniority restored and consequently to get notional promotion with effect from 24.06.2003, the date on which the 3rd respondent was promoted as Junior Superintendent/Assistant Administrative Officer with all benefits.
4. I had considered an identical issue in W.P. (C)No.25440/2013. The said writ petition was disposed of 2025:KER:53606 W.P.(C).No.23231 of 2020 5 directing the Managing Director of the respondent Corporation to consider the grievance and to take appropriate decision. I am of the considered view that this writ petition can also be disposed of with similar directions.
5. This writ petition is therefore disposed of with the following directions:-
(1) The 2nd respondent is directed to consider the grievance of the petitioner projected in this writ petition and take an appropriate decision in the matter within a period of three months from the date of receipt of a copy of this judgment.
(2) Petitioner shall submit a detailed representation narrating the grievance to the 2nd respondent along with a copy of this judgment and a copy of the writ petition within a period of ten days from the date of receipt of a copy of this 2025:KER:53606 W.P.(C).No.23231 of 2020 6 judgment to enable the 2nd respondent to comply with the above direction.
(3) The 2nd respondent shall provide an opportunity of hearing to the petitioner before taking decision in the matter.
W.P.(C) is disposed of as above.
Sd/-
S.MANU JUDGE skj 2025:KER:53606 W.P.(C).No.23231 of 2020 7 APPENDIX OF WP(C) 23231/2020 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF ORDER NO. A2/2236/98 DATED 16.02.1999.
EXHIBIT P2 TRUE COPY OF SENIORITY LIST NO.11251 DATED 20.12.2000 PUBLISHED BY THE SECOND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE SENIORITY LIST NO.
A2/4963/2000 DATED 06.09.2003.
EXHIBIT P4 TRUE COPY OF THE SENIORITY LIST NO.
11251/A2/2000 DATED 10.10.2008. EXHIBIT P5 TRUE COPY OF ORDER NO.E1/2382/MLP/2002 DATED 16.05.2012.
EXHIBIT P6 TRUE COPY OF THE REPLY NO.3044/A/2011 DATED 25/11/2019 SENT BY THE 2ND RESPONDENT UNDER RIGHT TO INFORMATION ACT, STATING THE BASIC SALARY DRAWN BY THE PETITIONER AND MR. RATHNAKARAN.
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE RESPONDENT DATED 22.11.2017.
EXHIBIT P8 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2nd RESPONDENT DATED 31.08.2018.
EXHIBIT P9 TRUE COPY OF ORDER NO.1949/A2/98 DATED 26.08.2017.