C.Prasannakumar vs State Of Kerala
2021 Latest Caselaw 11355 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943

                       WP(C).No.9063 OF 2021(G)


PETITIONER:

               C.PRASANNAKUMAR
               AGED 67 YEARS
               FORMER MANAGING DIRECTOR, KERALA STATE ELECTRONICS
               DEVELOPMENT CORPORATION LTD, KELTRON HOUSE,
               VELLAYAMBALAM, THIRUVANANTHAPURAM-695 033, RESIDING
               AT NANDANAM, T.C 4/2165-2, MRA 8A, KALPAKA NAGAR,
               NEAR MARAPPALAM, PATTOM, THIRUVANANTHAPURAM-695 004.

               BY ADV. SRI.S.VISHNU

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
               SECRETARIAT, THIRUVANANTHAPURAM-695 001.

      2        THE SECRETARY,
               INDUSTRIES DEPARTMENT , GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695 001.


OTHER PRESENT:

               SMT. NISHA BOSE, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.9063 OF 2021(G)

                                  2

                          JUDGMENT

Dated this the 8th day of April, 2021

This writ petition is filed seeking the following reliefs:-

"(i) A writ of mandamus or other appropriate writ, order or direction directing the respondents to consider Exhibit P9 and P10 with a hearing opportunity to the petitioner.

(iii) A writ of mandamus or other appropriate writ, order or direction directing the respondents to grant the consequential benefits of continuity in service from 28.10.2016 to 30.11.2018 to the petitioner including salary and consequential retirement benefits.

(iv) Declare that the petitioner is entitled for alternative posting on being relieved from the post of Managing Director in KELTRON and direct the respondents to treat as if the petitioner had continued in service till his due date of superannuation on 30.11.2018."

2. Heard the learned counsel for the petitioner and

the learned Government Pleader.

3. It is submitted by the learned counsel for the

petitioner that seeking continuance as Chief Executive

Officer, the petitioner has filed Ext.P10 representation and

the same is pending before the Government.

4. The learned Government Pleader submits that the WP(C).No.9063 OF 2021(G)

representation has been submitted to the Chief Secretary,

but it is for the 2nd respondent to take a decision on the

same.

5. In the above view of the matter, there will be a

direction to the 2nd respondent to take up, consider and pass

orders on Ext.P10 representation preferred by the petitioner,

after hearing the petitioner through any appropriate means

including video conferencing, within a period of two months

from the date of receipt of a copy of this judgment. The

petitioner shall produce a copy of this judgment along with a

copy of the writ petition before the 2 nd respondent for

compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Bng/08.04.2021 WP(C).No.9063 OF 2021(G)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE GO(RT0 NO 1540/2010/ID DATED 3.11.2010

EXHIBIT P2 TRUE COPY OF THE GO(RT0 NO 280/2011/ID DATED 24.2.2011

EXHIBIT P3 TRUE COPY OF THE GO(MS) NO 129/12/ID DATED 1.11.2012

EXHIBIT P4 TRUE COPY OF THE GO(RT) NO 1168/15/ID DATED 31.10.2015

EXHIBIT P5 TRUE COPY OF THE GO(RT) 1057/2016/ID DATED 5.10.2016

EXHIBIT P6 TRUE COPY OF THE RELIEVING ORDER VIDE CHR/RELIEVING/326788/2016 DATED 28.10.2016 OF THE PETITIONER

EXHIBIT P7 TRUE COPY OF THE GO (MS) NO 19/2015/PLANNING DATED 11.5.2015

EXHIBIT P8 TRUE COPY OF THE GO(MS) NO 27/2019/PLANNING DATED 4.11.2019

EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 19.10.2016 TO THE 1ST RESPONDENT

EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 19.1.2021 TO THE 1ST RESPONDENT