Rajaneesh Keloth vs State Of Kerala
2021 Latest Caselaw 16236 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
                        WP(C) NO. 14852 OF 2021
PETITIONERS:

     1     RAJANEESH KELOTH,
           AGED 41 YEARS
           S/O.(L) PADMANABHAN NAMBIAR, SPECIAL GRADE ASSISTANT,
           K.S.F.E. LTD., VILLIAPPALLY BRANCH, P.O. VILLIAPPALLY,
           KOZHIKODE 673 542.

     2     BIJU M.K.,
           AGED 45YEARS, S/O.(L) RAJAN, SPECIAL GRADE ASSISTANT,
           K.S.F.E. LTD., THALASSERRY II ND BRANCH, THALASSERRY,
           KANNUR 670 101.

     3     BINDU G.O.,
           AGED 43 YEARS,
           W/O. K.P. BALAKRISHNAN,
           SPECIAL GRADE ASSISTANT, K.S.F.E. LTD., SREEKANDAPURAM
           BRANCH, SREEKANDAPURAM P.O. KANNUR 670 631.

     4     VIJESH PATTARACHUTTA PARAMBIL,
           AGED 39 YEARS,
           S/O. VIJAYAN, SPECIAL GRADE ASSISTANT, K.S.F.E. LTD.,
           THALASSERRY II ND BRANCH, THALASSERRY, KANNUR 670101.

     5     VIJESH NARAMKULANGARA,
           AGED 40 YEARS, S/O.(L) NARAYANAN,
           SPECIAL GRADE ASSISTANT, K.S.F.E. LTD., PAYYANNUR BRANCH,
           P.O. PAYYANNUR , KANNUR 670 307.

           BY ADVS.
           KALEESWARAM RAJ
           VARUN C.VIJAY
           MAITREYI SACHIDANANDA HEGDE
 WP(C) NO. 14852 OF 2021
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RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT
          OF FINANCE, SECRETARIAT, THIRUVANANTHAPURAM 695 001.

    2     KERALA STATE FINANCIAL CORPORATION LTD.,
          REPRESENTED BY THE MANAGING DIRECTOR, KERALA STATE
          FINANCIAL CORPORATION LTD., BHADRATHA, MUSEUM ROAD,
          P.B. NO. 510, THRISSUR 680 020.

    3     MANAGING DIRECTOR,
          KERALA STATE FINANCIAL CORPORATION LTD., BHADRATHA,
          MUSEUM ROAD, P.B. NO. 510, THRISSUR 680 020.


OTHER PRESENT:

          SRI. BIJOY CHANDRAN-SR. G.P.

          BY ADV.M.GOPIKRISHNAN NAMBIAR, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14852 OF 2021
                                     3

                              JUDGMENT

This writ petition is filed seeking the following prayers:-

"i) To issue a writ of certiorari quashing Ext.P2 to the extent to which it refuses to reckon the seniority of the petitioners as Junior Assistants w.e.f. 27.12.2011 instead of 06.08.2012 as unjust, arbitrary and unsustainable.

ii) To issue a writ of mandamus directing the 3rd respondent to pass orders assigning seniority to the petitioners in the cadre of Junior Assistant w.e.f 27.12.2011 and to rank them in Ext.P2 in the appropriate place.

iii) To issue a writ of mandamus directing the 3rd respondent to consider and pass orders on Exts.P3 to P7 within a time frame to be fixed by this Hon'ble Court, after hearing the petitioners."

2. Heard the learned counsel for the petitioners and

the learned Standing Counsel appearing for respondents 2

and 3.

3. It is submitted by the learned counsel for the

petitioners that the petitioners have submitted detailed

representations against the fixation of seniority in Ext.P2 list

and seek a consideration of the same.

4. The learned Standing Counsel appearing for

respondents 2 and 3 submits that since the petitioners had WP(C) NO. 14852 OF 2021

raised an objection as to the fixation of their seniority, the

same will be considered, in accordance with law.

5. There will, accordingly, be a direction to the 3 rd

respondent to take up, consider and pass orders on Exts.P3

to P7 representations preferred by the petitioners with notice

to all concerned, within a period of two months from the date

of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE bng/05.08.2021 WP(C) NO. 14852 OF 2021

APPENDIX OF WP(C) 14852/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER BEARING NO. REF.NO.

4130/P DATED 06.08.2012 ISSUED BY THE 3RD RESPONDENT.

Exhibit P2 TRUE COPY OF THE RELEVANT PART OF THE SENIORITY LIST BEARING NO. REF.4130/T DATED 15.02.2021 ISSUED BY THE 3RD RESPONDENT.

Exhibit P3 TRUE COPY OF THE OBJECTION DATED 13/07/2201 ALONG WITH COVERING LETTER, PERTAINING TO THE 1ST PETITIONER.

Exhibit P4 TRUE COPY OF THE OBJECTION DATED 15.07.2021 ALONG WITH THE COVERING LETTER, PERTAINING TO THE 2ND PETITIONER.

Exhibit P5 TRUE COPY OF THE OBJECTION DATED 16.07.2021 ALONG WITH THE COVERING LETTER, PERTAINING TO THE 3RD PETITIONER.

Exhibit P6 TRUE COPY OF THE OBJECTION DATED 15.07.2021 ALONG WITH THE COVERING LETTER, PERTAINING TO THE 4TH PETITIONER.

Exhibit P7 TRUE COPY OF THE OBJECTION DATED 14.07.2021 ALONG WITH THE COVERING LETTER, PERTAINING TO THE 3RD PETITIONER.