Ashok Kumar A vs State Of Kerala
2021 Latest Caselaw 17681 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
           THE HONOURABLE MR. JUSTICE SUNIL THOMAS
    FRIDAY, THE 27TH DAY OF AUGUST 2021 / 5TH BHADRA, 1943
                   WP(C) NO. 17379 OF 2021
PETITIONERS:

    1     ASHOK KUMAR A
          AGED 41 YEARS
          UDC (NC), FL-1 9026 VADAKKANCHERRY, KSBC (M&M)
          LTD., PALAKAKD DISTRICT.

    2     K.T.POULOSE
          UDC (NC), FL-9 WAREHOUSE KALPETTA, KSBC (M&M) LTD.,
          WAYAND DISTRICT.

    3     VINCENT DAVIS
          UDC (NC), FL-9 WAREHOUSE CHALAKKUDY KSBC (M&M)
          LTD., THRISSUR DISTRICT.

    4     RAGESH K.C.
          UDC (NC), FL-9 WAREHOUSE THRISSUR KSBC (M&M) LTD.,
          THRISSUR DISTRICT.

    5     SUNIL V.A.
          UDC (NC), FL-1 8004 WAREHOUSE MANNUTHY KSBC (M&M)
          LTD., THRISSUR DISTRICT.

    6     SURYA PRAKASHAN S.
          LDC (NCA), FL-1 9025 ALATHUR (KALLENKODE) KSBC
          (M&M) LTD., PALAKKAD DISTRICT.

    7     REJIN A.R
          LDC (NCA), FL-1-8007, POOTHOLE (KUTTANELLUR), KSBC
          (M&M) LTD., THRISSUR DISTRICT.

    8     BIBIN K.S.
          LDC (NCA), FL-1 8007 POOTHOLE (KUTTANELLUR), KSBC
          (M&M) LTD., THRISSUR DISTRICT.

    9     VIPIN VISWAM P.
          LDC (NCA), FL-1 8028 THAIKAD (VADANAPPALLY), KSBC
 WP(C) NO. 17379 OF 2021
                               2

            (M&M) LTD., THRISSUR DISTRICT.

    10      BINNY A.D.
            LDC (NCA), FL-1 8021 NEDUMBAL (KODAKARA), KSBC
            (M&M) LTD., THRISSUR DISTRICT.

    11      SISUKUMAR R.
            LDC (NCB), FL-1 07036 PERUMBAVOOR, KSBC (M&M)
            LTD., ERNAKULAM DISTRICT.

    12      SUNIL KUMAR D.
            LDC (NCB), FL-1 07036 PERUMBAVOOR, KSBC (M&M)
            LTD., ERNAKULAM DISTRICT.

    13      PRASI MOHAN K.
            LDC (NCB), FL-1 8019 IRINJALAKUDA, KSBC (M&M)
            LTD., THRISSUR DISTRICT.

    14      PLEMIN P.B.
            LDC (NCC), FL-1 8001, KSBC (M&M) LTD., THRISSUR
            DISTRICT.

    15      BINESH P.G.
            FL-1 8022, LDC (NCB) CHALAKKUDY, KSBC (M&M) LTD.,
            THRISSUR DISTRICT.

            BY ADVS.
            DEEPU THANKAN
            UMMUL FIDA
            LAKSHMI SREEDHAR

RESPONDENTS:

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

     2      KERALA STATE BEVERAGES (M&M) CORPORATION LTD.
            BEVCO TOWER, VIKASBHAVAN, PALAYAM,
            THIRUVANANTHAPURAM-695 033 REPRESENTED BY ITS
            MANAGING DIRECTOR.
 WP(C) NO. 17379 OF 2021
                                    3

             BY ADVS.
             SRI. SUNIL KURIAKOSE, GP
             SRI. T.NAVEEN, SC

      THIS    WRIT     PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON     27.08.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 17379 OF 2021
                                       4




                                JUDGMENT

Dated this the 27th day of August, 2021

The petitioners are working as LDC (non cadre) and

UDC (non cadre) in the various outlets of the second

respondent Corporation. The grievance of the petitioners

is that, in the staff fixation which was approved by the

Government by Ext.P4, there are several anomalies.

Ext.P5 is the representation submitted by them pointing

out the anomalies in staff fixation. Further grievance of

the petitioners is that unless those anomalies are

rectified, it may affect the carrier prospects of several

persons.

2. The second respondent took notice through the

learned Standing Counsel Adv. T. Naveen. The learned

Government Pleader who took notice, invited my

attention to Ext.P5 and submitted that the representation

was submitted to the Minister and not to the

Government.

3. Having considered the limited prayer made by WP(C) NO. 17379 OF 2021

the petitioners and after hearing the learned Counsel for

the petitioners, learned Standing Counsel for the

Beverages Corporation and learned Government Pleader,

I am inclined to dispose of the Writ Petition itself by

directing the petitioners to file a detailed representation

before the Government pointing out the anomalies,

within a period of fifteen days from the date of receipt of

a copy of this judgment and the Government shall

consider the above after giving a reasonable opportunity

of being heard to the representatives of the petitioners as

well as the representatives of the second respondent, and

pass appropriate orders within a period of two months

thereafter. Promotion if any, effected in the meanwhile

will be subject to the ultimate result, on such

representation.

The Writ Petition is disposed of.

Sd/-

SUNIL THOMAS

JUDGE SKP/27-8 WP(C) NO. 17379 OF 2021

APPENDIX OF WP(C) 17379/2021

PETITIONERS EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE IDENTITY CARD ISSUED TO PETITIONER NO.1 DATED 1.5.2020.

EXHIBIT P2 TRUE COPY OF THE IDENTITY CARD ISSUED TO PETITIONER NO.6 DATED 1.4.2019.

EXHIBIT P3 TRUE COPY OF THE IDENTITY CARD ISSUED TO PETITIONER NO.11 DATED 15.7.2020.

EXHIBIT P4 TRUE COPY OF THE ORDER OF THE FIRST RESPONDENT DATED 12.2.2021 ALONG WITH THE ANNEXURE.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 13.7.2021 SUBMITTED TO THE HON'BLE MINISTER FOR EXCISE.

RESPONDENTS EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE