Abdulla .O vs The Sc And St Development (C) ...
2021 Latest Caselaw 1330 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942

                       WP(C).No.28069 OF 2020(G)


PETITIONERS:

      1        ABDULLA .O
               AGED 52 YEARS
               SERVING AS PEON GR-I AT KERALA STATE DEVELOPMENT
               CORPORATION FOR SC AND ST SUB OFFICE AT PERUMUNDA
               COMPLEX, KALIKAVE ROAD, WANDOOR, MALAPPURAM-679328.

      2        JAYARAJAN M.T,
               AGED 56 YEARS
               SERVING AS PEON GR-I AT KERALA STATE DEVELOPMENT
               CORPORATION FOR SC AND ST SUB OFFICE AT ASHIF
               BUILDING, PERINTHALMANNA ROAD, MALAPPURAM-679505.

               BY ADVS.
               SRI.T.R.JAGADEESH
               SRI.B.RATHEESH

RESPONDENTS:

      1        THE SC AND ST DEVELOPMENT (C) DEPARTMENT
               REPRESENTED BY ITS SECRETARY, SECRETARIAT,
               THIRUVANANTHAPURAM-695001.

      2        KERALA STATE DEVELOPMENT CORPORATION FOR SC AND ST
               REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE,
               TOWN HALL ROAD, THRISSUR-680020.

               R2 BY ADV. SRI.M.K.CHANDRA MOHANDAS

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.28069 OF 2020

                                     2




                               JUDGMENT

Heard the learned counsel for the petitioners and Sri.M.K.Chandra

Mohandas, the learned Standing Counsel appearing for the 2nd

respondent.

2. The contention of the petitioners in the writ petition is that the

petitioners are entitled to count previous military service for the

grant of higher grade under the 1 st respondent. Seeking the above

benefits, petitioners have preferred Exts.P11 and P12 representations

before the 2nd respondent. It is submitted that Ext.P5 is a judgment of

the Apex Court which grants the benefit to similarly situated persons.

3. Having considered the contentions advanced, I am of the opinion

that it is for the 2nd respondent to take an appropriate decision in the

matter. There will, accordingly, be a direction to the 2 nd respondent to

take up, consider and pass orders on Exts.P11 and P12 representations

preferred by the petitioners. The applicability of Ext.P5 judgment shall

also be considered by the 2nd respondent while passing orders as

directed above. Orders shall be passed within a period of two months WP(C).No.28069 OF 2020

from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.28069 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF RELEVANT PAGES OF DISCHARGE CERTIFICATE OF 1ST PETITIONER.

EXHIBIT P2 TRUE COPY OF RELEVANT PAGES OF DISCHARGE CERTIFICATE OF 2ND PETITIONER.

EXHIBIT P3 TRUE COPY OF THE SAID G.O(P)/754/81/ (384)/FIN DATED 16.11.1981.

EXHIBIT P4 TRUE COPY OF G.O.(P)NO.632/03/FIN. DATED 26.11.2003.

EXHIBIT P5 TRUE COPY OF JUDGMENT DATED 25.03.2015 IN CIVIL APPEAL 3136 OF 2015.

EXHIBIT P6 TRUE COPY OF G.O.NO.4084/2015/FIN DATED 14.09.2015.

EXHIBIT P7 TRUE COPY OF 1ST PETITIONER'S REQUEST DATED 26.09.2015.

EXHIBIT P8 TRUE COPY OF LETTER NO.24600/C1/2015/SCSTDD DATED 26.04.2016.

EXHIBIT P9 TRUE COPY OF 1ST PETITIONER'S REPRESENTATION DATED 23.12.2016.

EXHIBIT P10 TRUE COPY OF LETTER NO.A1/04/WDR/2016 DATED 23.12.2016.

EXHIBIT P11 TRUE COPY OF REPRESENTATION DATED 09.12.2020 BY 1ST PETITIONER.

EXHIBIT P12 TRUE COPY OF REPRESENTATION DATED 09.12.2020 BY 2ND PETITIONER.

RESPONDENT'S/S EXHIBITS: NIL