Abdul Jabbar.A.A vs The Transformers & Electricals ...
2021 Latest Caselaw 5397 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

   MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942

                    WP(C).No.11008 OF 2012(A)

PETITIONERS:

      1        ABDUL JABBAR.A.A.
               AGED 38 YEARS,ARIMBASSERY HOUSE,
               VAZHAKULAM P.O.,ALUVA, ERNAKULAM.

      2        VIJAYAN A.R.
               ANUGRAHA HOUSE, PERUMBAVOOR P.O.,
               ULLAPPILLY, MUVATTUPUZHA.

      3        PRAKASH B.
               DEVANGAPURAM, CHITTUR,PALAKKAD.

               BY ADVS.
               SRI.B.S.SWATHI KUMAR
               SMT.P.V.SOBHANA

RESPONDENTS:

      1        THE TRANSFORMERS & ELECTRICALS KERALA LIMITED
               (TELK)
               ANGAMALY P.O., ERNAKULAM DISTRICT-683573,
               REPRESENTED BY ITS MANAGING DIRECTOR.

      2        KITCO PLACEMENT PARK
               HR CONSULTANCY DIVISION OF KITCO, ATC BUILDING,
               2ND FLOOR, MOOLEPPADAM NAGAR ROAD, OPPOSITE
               GOVERNMENT POLYTECHNIC COLLEGE, H.M.T.JUNCTION,
               KALAMASSERY, KOCHI-683104, REPRESENTED BY ITS
               PROJECT MANAGER.

               BY ADVS.
      R1       SMT.MARIAM MATHAI,SC
      R1-2     SRI.P.BENNY THOMAS
      R1       SRI.M.GOPIKRISHNAN NAMBIAR
      R1       SRI.K.JOHN MATHAI
      R1       SRI.M.PATHROSE MATTHAI SR.
      R1       SRI.SAJI VARGHESE

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
15.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.11008 OF 2012(A)       2


                          JUDGMENT

The petitioners have approached this Court in the year

2012, seeking the following prayers:

"i. declare that the petitioners are legally entitled to be appointed as Junior Cleaner (trainee) pursuant to Exts.P1 to P3 in the 1 st respondent and issue a writ of mandamus or any other appropriate writ, order or direction commanding and compelling the respondents to appoint the petitioners as Junior Cleaner (trainee) in the 1st respondent forthwith;

ii. To declare that the present move of the respondents to appoint persons of their choice as Junior Cleaner (trainee) without publishing the rank list, or the result of the written test and physical competency test is highly illegal, arbitrary and vitiated with procedure illegalities and issue a writ of mandamus or any other appropriate writ, order or direction commanding and compelling the respondents not to effect any appointment to the post of Junior Cleaner (trainee) in the 2nd respondent pursuant to Ext.P1 to P3 without publishing the rank list, showing the marks obtained by the participants in the written test, physical competency test and interview;

iii. such other appropriate writ order or direction as this Honourable Court may deem fit and proper to meet the ends of justice".

2. When this matter was called today, Smt.Mariam

Mathai, learned Standing Counsel appearing for the

respondents, submitted that the selection referred to in this

writ petition was completed in the year 2012 and the selected

candidates have been continuing in service for the last more

than 12 years uninterruptedly. She, therefore, asserted that

this writ petition has become infructuous.

3. The learned counsel for the petitioner, however,

sought time to confer with his client as regards the afore

submissions of Smt.Mariam Mathai saying that she does not

have any instructions at this time.

4. However, taking note of the submissions of

Smt.Mariam Mathai, I am certainly of the view that nothing

survives in this writ petition.

I, therefore, close this writ petition without any further

orders, however, leaving liberty to the petitioner to seek a

re-hearing, if any further reliefs are still felt necessary.

Sd/-

DEVAN RAMACHANDRAN JUDGE

LEK

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CALL LETTER OF THE 1ST PETITIONER ISSUED BY THE 2ND RESPONDENT DATED 7.4.2012

EXHIBIT P2 TRUE COPY OF THE CALL LETTER OF THE 2ND PETITIONER ISSUED BY THE 2ND RESPONDENT DATED 7.4.2012

EXHIBIT P3 TRUE COPY OF THE CALL LETTER OF THE 3RD PETITIONER ISSUED BY THE 2ND RESPONDENT DATED 7.4.2012

EXHIBIT P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT DATED 2-5-2012

RESPONDENT'S/S EXHIBITS:

EXHIBIT R1(a) TRUE COPY OF LIST CONTAINING THE NAMES AND DETAILS OF THE PERSONS