Kerala High Court
Jino Joseph vs State Of Kerala on 4 August, 2021
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. 14859 OF 2021
PETITIONERS:
1 JINO JOSEPH,
AGED 42 YEARS,
S/O. JOSEPH M.U., SPECIAL GRADE ASSISTANT, KSFE,
NEELEESWARAM, KALYANI MEMORIAL BUILDING, IST FLOOR,
MEMORIAL BUILDING, IST FLOOR ERNAKULAM 683 574, RESIDING
AT MUKKIDIKATTIL (H), MANICKAMANGALAM (P.O.),
KAIPPATTOOR, ERNAKULAM (DISTRICT) 683 574.
2 RAMESH K.R.,
AGED 42 YEARS, S/O. LATE O.RAGHAVAN, SPECIAL GRADE
ASSISTANT ,KSFE MANARAD, KOTTAYAM 686 019.
RESIDING AT KADDAKALTHARAYIL (H), NADACKAL P.O.
ERATTUPETTA, KOTTAYAM DISTRICT 686 124.
3 RAGESH R.R.,
AGED 41 YEARS, S/O. RAGHUVARAN N, SPECIAL GRADE
ASSISTANT, KSFE LTD., NAGAROOR, M.T. COMPLEX, IST FLOOR,
NAGAROOR, ALTHARAMOODU P.O. THIRUVANANTHAPURAM 695 102.
RESIDING AT SAPHALYAM, PANTHADIKKALAM, KATTUMPURAM P.O.,
KALLARIA (VIA), THIRUVANANTHAPURAM DISTRICT 695 608.
BY ADVS.
KALEESWARAM RAJ
VARUN C.VIJAY
MAITREYI SACHIDANANDA HEGDE
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.
WP(C) NO. 14859 OF 2021
2
3 MANAGING DIRECTOR,
KERALA STATE FINANCIAL CORPORATION LTD., BHADRATHA,
MUSEUM ROAD, P.B. NO. 510, THRISSUR 680 020.
BY SRI.BINOY CHANDRAN, SR.GP
BY SRI.M.GOPIKRISHNAN NAMBIAR, SC KSFE
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. 14859 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 P5 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. 14859 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 P5 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. 14859 OF 2021
APPENDIX OF WP(C) 14859/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER BEARING NO.
REF.NO.4130/P DATED 6.08.2012 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 14/07/2021
ALONG WITH THE COVERING LETTER, PERTAINING
TO THE IST PETITIONER.
Exhibit P4 TRUE COPY OF THE OBJECTION DATED 13.07.2021
ALONG WITH THE COVERING LETTER, PERTAINING
TO THE 2ND PETITIONER.
Exhibit P5 TRUE COPY OF THE OBJECTION DATED 14.07.2021
ALONG WITH THE COVERING LETTER, PERTAINING
TO THE 3RD PETITIONER.
