Mohammed Shihabudheen K vs The Administrator, Union ...
2021 Latest Caselaw 17149 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         FRIDAY, THE 13TH DAY OF AUGUST 2021 / 22ND SRAVANA, 1943
                          WP(C) NO. 16690 OF 2021
PETITIONER:

              MOHAMMED SHIHABUDHEEN K.
              AGED 42 YEARS
              DECK CREW (ON CONTRACT), LAKSHADWEEP DEVELOPMENT
              CORPORATION LTD., (LDCL), NOW ON WORK ATTACHMENT AT
              COCONUT MILK PLANT, ANDROTH ISLAND, U. T. OF LAKSHADWEEP,
              AGED 42, S/O. CHERIYA KOYA, RESIDING AT CHEMMACHERY
              LAVANAKKAL HOUSE, ANDROTH ISLAND, U. T. OF LAKSHADWEEP,
              PIN - 682 555.

              BY ADV R.RAMADAS



RESPONDENTS:

     1        THE ADMINISTRATOR, UNION TERRITORY OF LAKSHADWEEP
              KAVARATTI - 682 555.

     2        THE MANAGING DIRECTOR
              LAKSHADWEEP DEVELOPMENT CORPORATION LTD., REGD. OFFICE :
              BOTANICAL GARDENS, KAVARATTI ISLAND, U. T. OF LAKSHADWEEP
              - 682 555.

     3        THE GENERAL MANAGER
              LAKSHADWEEP DEVELOPMENT CORPORATION LTD., PANAMPILLY
              NAGAR, KOCHI - 682 036.


OTHER PRESENT:

              SRI. S. MANU-S.C.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16690 OF 2021
                                      2

                                JUDGMENT

This writ petition is filed seeking the following reliefs:-

"(i) To issue appropriate writ, order or direction directing the respondents to regularize the service of the petitioner in the service of Lakshadweep Development Corporation Ltd as expeditiously as possible, within a time limit to be fixed by this Hon'ble Court.

(ii) To issue appropriate writ, order or direction directing the respondents to consider and pass appropriate orders on Exts.P3 to P7 representations submitted by the petitioner as expeditiously as possible within a time limit to be fixed by this Hon'ble Court.

(iii) Declare that the petitioner is fully qualified and competent for regularization of his service and that he is also entitled to the same benefit of regularization granted to 8 similarly placed persons in the year 2019.

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for respondents 1 to 3.

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

that the petitioner is presently working as multi- skilled

employee in the Coconut Milk Plant at Androth Island under the

Lakshadweep Development Corporation Ltd. It is submitted that

he has been continuing since 2003 and that several employees,

who had been engaged like him, have been regularised in WP(C) NO. 16690 OF 2021

service. It is submitted that he had been making repeated

representations and that the respondents are also agreeable to

consider the claim for regularization of the services of the

petitioner.

4. Since Exts.P6 and P7 representations are pending

before the respondents 2 and 3, I am of the opinion that the

issue is to be considered, in accordance with law.

5. There will, accordingly, be a direction to the 1 st

respondent to take up, consider and pass appropriate orders on

Exts.P5 P6 and P7 representations preferred by the petitioner

with notice to the petitioner and after hearing him through any

appropriate means including video conferencing. Appropriate

orders shall be passed within a period of one month from the

date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Bng/24.08.2021 WP(C) NO. 16690 OF 2021

APPENDIX OF WP(C) 16690/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE CERTIFICATE DATED 17.04.2008 ISSUED BY THE OFFICE ON SPECIAL DUTY OF LDCL, KAVARATTI.

Exhibit P2 TRUE COPY OF THE STANDARD X-EQUIVALENCY CERTIFICATE ISSUED BY THE GOVERNMENT OF KERALA.

Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 11.02.2019 BEFORE THE MANAGING DIRECTOR OF LDCL.

Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 14.03.2019 BEFORE THE 3RD RESPONDENT BY THE PETITIONER.

Exhibit P5 TRUE COPY OF THE REPRESENTATION DATED 05.02.2020 BEFORE THE MANAGING DIRECTOR OF LDCL.

Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 05.02.2020 BEFORE THE 3RD RESPONDENT.

Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 23.09.2020 BEFORE THE ADVISOR OF THE HON'BLE ADMINISTRATOR BY THE PETITIONER.

Exhibit P8 TRUE COPY OF THE REPLY RECEIVED UNDER THE RTI ACT BY THE PETITIONER'S WIFE MUBARAKHA BANU C. L. TOGETHER WITH HER APPLICATION DATED 30.03.2021.