Kerala High Court
Koshy.Y vs State Of Kerala on 14 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 14TH DAY OF JANUARY 2021 / 24TH POUSHA, 1942
WP(C).No.29220 OF 2020(B)
PETITIONERS:
1 KOSHY.Y, AGED 48 YEARS, S/O. YOHANNAN,
RESIDING AT PANDAKASHALA THEKKATHIL,
KOLLAKA P.O., KARUNAGAPALLY,KOLLAM-690 536
2 VELAPPAN PILLAI, AGED 55 YEARS
S/O. N.RAMAKRISHNAN PILLAI, THAMARAMEL VEEDU,
POOVATHOOR WEST, MAVADI P.O., KULAKKADA,
KOLLAM-691 507
BY ADV. SRI.S.SUJIN
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY ,
DEPARTMENT OF SAINIK WELFARE,
GOVERNMENT SECRETARIAT, KERALA-695 001
2 THE PRINCIPAL , GOVERNMENT ITI THEVALAKKARA,
PULIKKAMUKKU, ARINALLOOR P.O., THEVALAKKARA,
KOLLAM-690 538
3 THE TRAINING DIRECTOR, DIRECTORATE OF TRAINING,
4TH FLOOR, THOZHIL BHAVAN, PMG JUNCTION,
VIKAS HAVAN, THIRUVANANTHAPURAM-695 033
4 KERALA EX-SERVICE MEN WELFARE AND REHABILITATION
CORPORATION, REPRESENTED BY THE MANAGING DIRECTOR,
KEXCON, OPP,AMRITHA HOTEL, THYCAUD,
THIRUVANANTHAPURAM-695 001
SRI. SUNIL KUMAR KURIAKOSE - GP
SRI. R.S.KALKURA - SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
14.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 29220/20
2
JUDGMENT
The petitioners say that they are Ex-
servicemen registered with the Kerala Ex-
servicemen Welfare & Rehabilitation
Corporation (hereinafter referred to as 'the
KEXCON' for short), which has been arrayed as
the 4th respondent; and they seek a direction
to the respondents to comply with Exts. P1 to
P3 orders/circulars of the Government of
Kerala, as per which, it has been mandated
that 2nd and 3rd respondents can only appoint
persons from the KEXCON as temporary
security/other staff.
2. The petitioners, through their learned
counsel Sri.S.Sujin, submit that the issues
raised in this writ petition have already been
answered in favour of his clients, through the
judgment of this Court in W.P.(C) No.2826/2018
& connected cases; and thus prays that his
clients be allowed the same benefits, as has
WPC 29220/20
been ordered therein.
3. Sri.Sunil Kumar Kuriakose, learned
Senior Government Pleader - who is also
appearing for the 2nd respondent - conceded
that the judgment in W.P.(C).No2826/2018 &
connected cases is binding on the 2nd
respondent, but justified their stand in not
complying with Exts.P1 to P3 orders/circulars,
by saying that they were under the bonafide
impression that they can recruit temporary
security/other staff through the Employment
Exchange. He then submitted that, if this
Court is so inclined, his clients will comply
with Exts.P1 to P3 and admitted that, even as
per the extant Government directions, only
those persons who are registered with the 4th
respondent - KEXCON can be employed for such
purposes.
Taking note of the afore circumstances, I
WPC 29220/20
order this writ petition and direct
respondents 2 and 3 to comply implicitly with
Exts.P1 to P3 orders/circulars and to appoint
only the persons registered with the 4th
respondent - KEXCON as temporary
security/other staff.
It is needless to say that the afore
directions will apply as long as Exts.P1 to P3
are in force; and if any amendments are
brought to it in future, respondents 2 and 3
will be obligated to act in terms of such
also.
Sd/-
DEVAN RAMACHANDRAN
RR JUDGE
WPC 29220/20
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE G.O(MS)
NO.179/05/GAD/2005 DATED 4.6.2005
EXHIBIT P2 TRUE COPY OF THE CIRCULAR
NO.134/05/GAD DATED 12.12.2005
EXHIBIT P3 TRUE COPY OF THE CIRCULAR
NO.SW`/126/.2019 /SKV ISSUED ON
4.11.2019
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DT
14.12.2020 IN W.P.24413 OF 2020
