Kerala High Court
Balagopalan V. M vs State Of Kerala on 16 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942
WP(C).No.3956 OF 2021(T)
PETITIONER/S:
1 BALAGOPALAN V. M.
AGED 56 YEARS
SECTION OFFICER, GRADE II, CWRDM, S/O. P. K.
BALAKRISHNAN NAIR (LATE), CENTRE FOR WATER RESOURCES
DEVELOPMENT AND MANAGEMENT, (CWRDM), KUNNAMANGALAM,
KOZHIKODE - 673571, RESIDING AT 'THUREEYAM' (H),
MOOSALITHODY PARAMBA, AZCHAVATTAM CROSS ROAD (BYE
PASS END), MANKAVE POST, CALICUT DISTRICT - 673007.
2 LATHEEFA M. P.
AGED 39 YEARS
ACCOUNTANT GRADE II, W/O. M. MUHAMED SHAJEER, KSCSTE
HEADQUARTERS, SASTHRA BHAVAN, PATTOM P. O., PATTOM,
THIRUVANANTHAPURAM - 695 004, RESIDING AT RAINBOW,
NBRA-22A, KURAVANKONAM, KOWDIAR POST,
THIRUVANANTHAPURAM DISTRICT - 695 003.
3 ANUJA PRASANNAN
AGED 36 YEARS
ASSISTANT GRADE II, D/O. K. V. PRASANNAN, KERALA
FOREST RESEARCH INSTITUTE (KFRI), PEECHI P. O.,
THRISSUR DISTRICT, PIN - 680 653., RESIDING AT TYPE
2/15, KFRI QUARTERS, PEECHI POST, THRISSUR DISTRICT -
680653.
4 ANUPRABHA C. P.
AGED 40 YEARS
ASSISTANT GRADE II, D/O. PRABHAKARAN C. P., CENTRE
FOR WATER RESOURCES DEVELOPMENT AND MANAGEMNT,
(CWRDM), KUNNAMANGALAM, KOZHIKODE - 673 571, RESIDING
AT 'ANUSREE' CHETTIKULAM WEST, ELATHUR POST,
KOZHIKODE DISTRICT - 673303.
5 SINDHUMOL C. K.
AGED 37 YEARS
ASSISTANT GRADE II, D/O. C. P. KUMARAN, KERALA FOREST
RESEARCH INSTITUTE (KFRI), PEECHI P. O., THRISSUR
DISTRICT, PIN - 680 653, RESIDING AT KFRI QUARTERS,
2/18, PEECHI POST, THRISSUR DISTRICT - 680 653.
6 SMITHA J. S.
WP(C).No.3956 OF 2021
2
AGED 38 YEARS
ASSISTANT GRADE II, S/O.SURENDRANATHAN S., CENTRE
FOR WATER RESOURCES DEVELOPMENT AND MANAGEMENT,
(CWRDM), KUNNAMANGALAM, KOZHIKODE - 673571,
RESIDING AT MUDUMPIL VEEDU, TC 91/1882, KARIKKAKOM,
KARIKKAKOM POST, THIRUVANANTHAPURAM DISTRICT -
695021.
7 NIDHIN BABU M.
AGED 35 YEARS
ASSISTANT GRADE II, KERALA SCHOOL OF MATHEMATICS,
KUNNAMANGALAM, KOZHIKODE S/O. MOHAN KUMAR K. P.,
CENTRE KERALA SCHOOL OF MATHEMATICS (KSOM), KERALA
SCHOOL OF MATHEMATICS (KSOM), KUNNAMANGALAM,
KOZHIKODE - 673571, RESIDING AT 'KIZHAKKEPARAMBIL
HOUSE, THAVINHAL POST, MANANTHAVADY, WAYANAD
DISTRICT - 670645.
BY ADVS.
SHRI.AJIT G ANJARLEKAR
SRI.G.P.SHINOD
SRI.GOVIND PADMANAABHAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE EX OFFICIO PRINCIPAL SECRETARY,
SCIENCE AND TECHNOLOGY DEPARTMENT AND EXECUTIVE
VICE PRESIDENT, KERALA STATE COUNCIL FOR SCIENCE,
TECHNOLOGY AND ENVIRONMENT (KSCSTE), SASTRA BHAVAN,
PATTOM POST, THIRUVANANTHAPURAM DISTRICT - 695 004.
2 THE EXECUTIVE COMMITTEE OF THE KERALA STATE COUNCIL
FOR SCIENCE
TECHNOLOGY AND ENVIRONMENT (KSCSTE), REPRESENTED BY
ITS EXECUTIVE VICE PRESIDENT (CHAIRMAN) (EX
OFFICIO), KERALA STATE COUNCIL FOR SCIENCE,
TECHNOLOGY AND ENVIRONMENT (KSCSTE), SASTRA BHAVAN,
PATTOM POST, THIRUVANANTHAPURAM DISTRICT - 695 004.
3 KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND
ENVIRONMENT (KSCSTE)
REPRESENTED BY THE MEMBER SECRETARY, SASTRA BHAVAN,
PATTOM POST, THIRUVANANTHAPURAM DISTRICT - 695 004.
4 THE GOVERNING BODY OF CWRDM
REPRESENTED BY ITS EXECUTIVE DIRECTOR, CENTRE FOR
WATER RESOURCES DEVELOPMENT AND MANAGEMENT,
WP(C).No.3956 OF 2021
3
(CWRDM), KUNNAMANGALAM, KOZHIKODE - 673 571.
5 THE GOVERNING BODY OF KERALA FOREST
RESEARCH INSTITUTE (KFRI), REPRESENTED BY ITS
DIRECTOR, KERALA FOREST RESEARCH INSTITUTE (KFRI),
PEECHI P.O., THRISSUR DISTRICT, PIN - 680 653.
6 THE GOVERNING BODY OF KERALA SCHOOL OF MATHEMATICS
REPRESENTED BY ITS DIRECTOR, KERALA SCHOOL OF
MATHEMATICS (KSOM), KUNNAMANGALAM, KOZHIKODE - 673
571.
SR GP NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.3956 OF 2021
4
JUDGMENT
Dated this the 16th day of February 2021
This writ petition is filed seeking directions challenging
Exts.P7, P8, P9 and P11 and seeking directions to the 1 st
respondent to consider Ext.P12 representation on its merits.
2. It is submitted by the learned counsel for the petitioner
that the petitioners have approached the 1 st respondent with
Ext.P12 representation, pointing out that various component
bodies of the 3rd respondent have not been duly amalgamated
and that the action of the respondents in carrying out promotions
and fixing seniority on a consolidated basis is, therefore, illegal.
3. It is submitted that the 1st respondent is duty bound to
take an appropriate decision on Ext.P12 representation preferred
by the petitioners and that the actions taken by the respondents,
in the meanwhile, with regard to the seniority and promotions,
are liable to be reviewed on the basis of the decision taken by the
Government.
WP(C).No.3956 OF 2021
4. The learned Government Pleader submits that since
Ext.P12 representation is preferred before the 1 st respondent, the
same will be considered with notice to all concerned within three
months from the date of receipt of a copy of this judgment.
In the above view of the matter, there will be a direction to
the 1st respondent to take up, consider and pass orders in
Ext.P12 representation, with notice to all concerned, within three
months from the date of receipt of a copy of this judgment. The
fixation of seniority and the promotions granted in the component
units of the 3rd respondent shall be subject to the orders to be
passed by the Government on Ext.P12.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
ssa
WP(C).No.3956 OF 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF G.O.(P) NO.76/2002/STED
DATED 06.11.2002 ISSUED BY THE CHAIRMAN,
STEC AND THE RELEVANT PART OF THE RULES AND
BYE-LAWS OF 'KSCSTE'.
EXHIBIT P2 A TRUE COPY OF ORDER DATED 04.01.2021
ISSUED BY THE INSPECTOR GENERAL OF
REGISTRATION, VIDE FILE NO.IGR/2986/2020-
L2.
EXHIBIT P3 A TRUE COPY OF THE RULES OF THE KERALA
STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND
ENVIRONMENT (KSCSTE).
EXHIBIT P4 A TRUE COPY OF THE RULES RELATING TO
RECRUITMENT AND PROMOTION OF ADMINISTRATIVE
STAFF OF KERALA STATE COUNCIL FOR SCIENCE,
TECHNOLOGY AND ENVIRONMENT.
EXHIBIT P5 A TRUE COPY OF FILE NO.KSCSTE/663/2018-C1
DATED 28.06.2019 ISSUED BY THE 3RD
RESPONDENT.
EXHIBIT P6 A TRUE COPY OF THE MINUTES PERTAINING TO
THE 14TH ANNUAL GENERAL MEETING OF THE
STATE COUNCIL OF 'KSCSTE' HELD ON
24.12.2019.
EXHIBIT P7 A TRUE COPY OF THE ORDER DATED 14.02.2020
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P8 A TRUE COPY OF THE SELECT LIST OF THE
CANDIDATES ELIGIBLE FOR PROMOTION TO THE
POST OF DEPUTY REGISTRAR, ASSISTANT
REGISTRAR AND SECTION OFFICER.
EXHIBIT P9 A TRUE COPY OF THE ORDER DATED 14.02.2020
ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P10 A TRUE COPY OF THE ORDER DATED 14.02.2020
ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P11 A TRUE COPY OF THE ORDER DATED 18.02.2020
ISSUED BY THE 3RD RESPONDENT.
WP(C).No.3956 OF 2021
EXHIBIT P12 A TRUE COPY OF THE REPRESENTATION DATED
09.02.2021 SUBMITTED BY THE PETITIONERS
BEFORE THE 1ST RESPONDENT.
