Valsala Mathukkal vs The Rubber Board
2021 Latest Caselaw 16932 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
                        WP(C) NO. 16557 OF 2021
PETITIONER:

          VALSALA MATHUKKAL,
          AGED 52 YEARS, W/O. SANKARAN,
          DEVELOPMENT OFFICER, RUBBER BOARD REGIONAL OFFICE,
          MANNARKAD, RESIDING AT PRAYAG, PARASSERY P.O.,
          PALAKKAD-678631.

          BY ADVS.
          P.R.JAYAKRISHNAN
          PRADEEP KRISHNA
          R.REJI KUMAR
          MANOJ K.S.


RESPONDENTS:

    1     THE RUBBER BOARD,
          REPRESENTED BY ITS SECRETARY, RUBBER BOARD,
          KEEZHUKUNNU, SUB JAIL ROAD, COLLECTORATE P.O.,
          KOTTAYAM-686002.

    2     THE EXECUTIVE DIRECTOR,
          RUBBER BOARD, KEEZHUKUNNU, SUB JAIL ROAD,
          COLLECTORATE P.O., KOTTAYAM-686002.

    3     THE RUBBER PRODUCTION COMMISSIONER,
          RUBBER BOARD, KEEZHUKUNNU, SUB JAIL ROAD,
          COLLECTORATE P.O., KOTTAYAM-686002.

          SRI.ABRAHAM MARKOSE, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16557 OF 2021

                                          2




                                  JUDGMENT

This writ petition is filed seeking the following prayers:

"(i) to declare that the petitioner is entitled for promotion from the date of Ext.P1 with all consequential benefits.

(ii) to issue a writ of certiorari or other appropriate writ, direction or order to grant promotion from the date of Ext.P1 with all consequential benefits by resorting the actual seniority in the post of DO.

(iii) issue a writ of mandamus or any other appropriate writ, direction or order directing the 1st respondent to keep one post of Deputy Rubber Production commissioner in abeyance to conserve the vested rights of the petitioner.

(iv) issue a writ of mandamus or any other appropriate writ, direction or order directing the 1st respondent to restore the seniority of the petitioner in tune Ext.P1 and P4.

(v) to issue a writ of mandamus or any other appropriate writ, direction or order directing the 2nd respondent to consider and pass appropriate orders on Exhibit P8 & P9 representations submitted by the petitioner in the light of Ext.P4.

2. Heard the learned counsel for the petitioner and the learned

standing counsel appearing for the respondents.

3. It is submitted by the learned counsel for the petitioner that

seeking seniority with effect from the anterior date of promotion, the

petitioner has approached the respondents with Exts.P8 and P9 WP(C) NO. 16557 OF 2021

representations.

4. The learned standing counsel appearing for the respondents

submits that the same can be considered and appropriate orders will be

passed thereon.

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 Exts.P8 and P9

representations preferred by the petitioner, with notice to the petitioner

and after hearing her, through any appropriate means, including video

conferencing and taking note of Ext.P4 order as well. Orders shall be

passed 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

NP WP(C) NO. 16557 OF 2021

APPENDIX OF WP(C) 16557/2021

PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE COPY OF O M NO. 3/23/1(1)/2016 EST DATED 14/06/2016 ISSUED BY 1ST RESPONDENT.

Exhibit P2 TRUE COPY OF CIRCULAR NO. 3/23/2016/EST DATED 24/06/2016 ISSUED BY 1ST RESPONDENT.

Exhibit P3 TRUE COPY OF 3-MAIL COMMUNICATION DATED 24/06/2016 ISSUED BY DEPUTY SECRETARY (P&A)/ DY. RUBBER PRODUCTION COMMISSIONER, RUBBER BOARD.

Exhibit P4 TRUE COPY OF COMMON ORDER DATED 23/03/2021 OF HON'BLE GAUHATI HIGH COURT.

Exhibit P5 TRUE COPY OF OM NO.3/23/1(1)/EST DATED 16/12/2016 ISSUED BY 1ST RESPONDENT.

Exhibit P6 TRUE COY OF OM NO. EST/3/23/1/2021 DATED 06/05/2021 ISSUED BY THE 1ST RESPONDENT.

Exhibit P7 TRUE COPY OF OM NO.EST/3/23/1/2021 DATED 01/07/2021 ISSUED BY 1ST RESPONDENT.

Exhibit P8 TRUE COPY OF REPRESENTATIONS DATED 26/04/2021 SUBMITTED BY PETITIONER BEFORE 2ND RESPONDENT.

Exhibit P9 TRUE COPY OF REPRESENTATIONS DATED 07/07/2021 SUBMITTED BY PETITIONER BEFORE 2ND RESPONDENT.

RESPONDENT'S/S EXHIBITS: NIL