Kerala High Court
M.Sebastian vs The Secretary 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.3927 OF 2021(M)
PETITIONER:-
M.SEBASTIAN
AGED 57 YEARS
S/O. T. MATHAI, JUNIOR ACCOUNTS OFFICER, KHADI AND
VILLAGE INDUSTRIES, PARICHERIYIL VEEDU, EAST OF
BERNARD JUNCTION, NORTH ARYANAD P.O, ALAPPUZHA
DISTRICT-688 538
BY ADVS.
SRI.P.ALI
SRI.A.MUHAMMED HASHIM
RESPONDENTS:-
1 THE SECRETARY
KERALA KHADI GRAMA VYAVASAYA BOARD,
VANCHIYOOR, THIRUVANANTHAPURAM-695 035.
2 THE PROJECT OFFICER,
DISTRICT KHADI AND VILLAGE INDUSTRIES,
ERNAKULAM-682 016.
3 THE DIRECTOR,
ADMINISTRATION,
KERALA KHADI GRAMA VYAVASAYA BOARD, VANCHIYOOR,
THIRUVANANTHAPURAM-695 035.
R1 BY ADV. N.RAJAGOPALAN NAIR,
SC, KERALA KHADI AND VILLAGE INDUSTRIES BOARD
OTHER PRESENT:
N. RAJAGOPALAN NAIR SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.3927/2021
2
JUDGMENT
Dated this the 16th day of February 2021
1. The writ petition is filed seeking the following reliefs:-
"i) Call for the records leading to issue Ext P6 order and quash
the same by issuing a writ of certiorari or any other writ order or
direction as it contravene the relevant rules.
ii) issue a writ of mandamus or any other writ or order or direction
commanding the 1st respondent to refix petitioner's pay in
accordance with Rule 28, 28A, 37 and 37(a) of Part 1 KSR as on
his promotions as senior co-operative inspector (Special Grade)
as per P4 and Junior Accounts Officer as per Ext P5 orders.
iii) issue a writ of mandamus or any other writ or order or
direction directing the 1 st respondent to dispose of ExtP7
representation after affording an opportunity of being heard to the
petitioner within one month from the date of disposal of the writ
petition."
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
aggrieved by Exhibit P6 order by which the petitioner's pay
has been fixed in the scale of Rs.35700-75600/- w.e.f.
11.6.2018, the petitioner has approached the 1st respondent
preferring Exhibit P7 representation. It is contended in Exhibit
W.P.(C).No.3927/2021
P7 that the petitioner is entitled to the benefit of advance
increment in terms of the provisions of the KSR. It is
submitted that the representation may be considered by the 1 st
respondent taking note of the provisions of the service rules as
well as Exhibit P8 Government Order.
4. Having heard the learned Standing Counsel also, there will be
a direction to the 1st respondent to take up, consider and pass
orders on Exhibit P7 representation preferred by the
petitioner. The petitioner shall be put on notice and heard
through any appropriate means, including through video
conferencing. 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
sj
W.P.(C).No.3927/2021
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ADVICE FOR APPOINTMENT
AS JUNIOR CO-OPERATIVE INSPECTOR ISSUED
BY THE KERALA PUBLIC SERVICE COMMISSION
DATED 06.06.1996.
EXHIBIT P2 TRUE COPY OF THE SERVICE HISTORY ISSUED
BY THE 1ST RESPONDENT DATED NIL
EXHIBIT P3 TRUE COPY OF THE ORDER NO. K.B.
6663/12/E2 DATED 13.03.2013 OF THE 3RD
RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE ORDER NO.
7039/17/E1(A) DATED 08.02.2017 OF THE
1ST RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE ORDER NO. K.B.
10385/2016/E1(A) DATED 05.06.2018 OF
THE 1ST RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE ORDER NO.K.B.
796/2019/E2 DATED 06.11.2019 OF THE 1ST
RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED
02.11.2020 TO THE 1ST RESPONDENT .
EXHIBIT P8 TRUE COPY OF THE G.O(P) NO. 200/2014/
(190)/FIN. DATED 30.05.2014.
True copy
PS to Judge
