P.V.Venugopal vs The Kerala State Financial ...
2021 Latest Caselaw 1468 Ker

               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.149 OF 2021(P)


PETITIONER:

               P.V.VENUGOPAL, AGED 57 YEARS
               S/O. LATE VAVA, PUTHENPURAYIL HOUSE,
               VADAYAR VILLAGE, THALAYOLAPARAMBU P.O.,
               KOTTAYAM DISTRICT,PIN-686 605

               BY ADVS.
               SRI.M.T.BALAN
               SRI.B.JAYABAL

RESPONDENTS:

      1        THE KERALA STATE FINANCIAL ENTERPRISES LIMITED
               REP BY ITS MANAGING DIRECTOR, HEAD OFFICE,
               THRISSUR,PIN-680 020

      2        THE BOARD OF DIRECTORS,
               THE KERALA STATE FINANCIAL ENTERPRISES LIMITED,
               CORPORATE OFFICE, 'BHADRATHA', THRISSUR,
               PN-680 020

               R1-2   BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
               R1-2   BY ADV. SRI.K.JOHN MATHAI
               R1-2   BY ADV. SRI.JOSON MANAVALAN
               R1-2   BY ADV. SRI.KURYAN THOMAS
               R1-2   BY ADV. SRI.PAULOSE C. ABRAHAM
               R1-2   BY ADV. SRI.RAJA KANNAN
               SRI.   SALIL NARAYANAN - SC

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD        ON
14.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 149/21
                                 2


                               JUDGMENT

The petitioner, though has made several

allegations, averments and assertions in this

Writ Petition, confines the plea that his

representations, namely Ext.P15-seeking

promotion and Ext.P16-for disbursement of the

pay reduced at the time of his reversion on an

earlier occasion, be directed to be taken up

and disposed of by the respondents within a

time frame to be fixed by this Court.

2. Sri.Salil Narayanan - learned Standing

Counsel for the respondents, submitted that if

the petitioner only requires that his afore

representations be taken up and disposed of,

there is no legal impediment in doing so; but

prayed this Court may not make any affirmative

declarations on the entitlement of the

petitioner to any relief and leave it to the

competent Authority to take an appropriate

decision thereon.

WPC 149/21

In the afore circumstances, I order this

writ petition and direct the competent among

the respondents to take up Exts.P15 and P16

representations of the petitioner and dispose

of the same, after affording him an

opportunity of being heard - either physically

or through video-conferencing - thus

culminating in an appropriate order thereon,

as expeditiously as is possible, but not later

than one month from the date of receipt of a

copy of this judgment.

Sd/-

                                     DEVAN RAMACHANDRAN
      RR                                   JUDGE
 WPC 149/21



                           APPENDIX
      PETITIONER'S/S EXHIBITS:

      EXHIBIT P1        THE TRUE COPY OF THE JUDGMENT DATED

23.1.2017 IN WPC NO.37293/2010

EXHIBIT P2 THE TRUE COPY OF THE JUDGMENT DATED 13.9.2018 IN WA NO.1829/2017

EXHIBIT P3 THE TRUE COPY OF THE REPRESENTATION DATED 1.10.18 GIVEN BY THE PETITIONER TO THE RESPONDENT

EXHIBIT P4 THE TRUE COPY OF THE MEMO DATED 10.12.18 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P5 THE TRUE COPY OF THE ARREARS CALCULATION STATEMENT ISSUED BY THE 1ST RESPONDENT

EXHIBIT P6 THE TRUE COPY OF THE JUDGMENT DATED 22.08.2019 IN COC NO.1369/2019

EXHIBIT P7 THE TRUE COPY OF THE MEMO DATED 10.10.19 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P8 THE TRUE COPY OF THE PROMOTION ORDER DATED 10.10.19 ISSUED BY THE RESPONDENT

EXHIBIT P9 THE TRUE COPY OF THE PROMOTION ORDER DATED 10.10.19 ISSUED BY THE RESPONDENT

EXHIBIT P10 THE TRUE COPY OF THE SENIORITY LIST AS ON 1.08.2008 ISSUED BY 1ST RESPONDENT AS PER CIRCULAR NO.06/08 (PA ) DATED 10.01.2008

EXHIBIT P11 THE TRUE COPY OF THE REPRESENTATION DATED 8.05.2020 SUBMITTED BEFORE THE 1ST RESPONDENT BY THE PETITIONER WPC 149/21

EXHIBIT P12 THE TRUE COPY OF THE JUDGMENT DATED 25.8.20 IN COC NO.1230/2020 OF THE HONOURABLE HIGH COURT OF KERALA

EXHIBIT P13 THE TRUE COPY OF THE REPRESENTATION DATED 17.9.20 SUBMITTED BEFORE THE 1ST RESPONDENT

EXHIBIT P14 THE TRUE COPY OF THE JUDGMENT DATED 14.3.2018 IN WPC NO.31192/2015 OF THIS HONOURABLE HIGH COURT

EXHIBIT P15 THE TRUE COPY OF THE REPRESENTATION DATED 2.11.20 FOR CONSIDERING HIS PROMOTION AS PER SENIORITY LIST SUBMITTED BEFORE THE 2ND RESPONDENT

EXHIBIT P16 THE TRUE COPY OF THE REPRESENTATION DATED 2.11.20 FOR FIXING AND DISBURSING THE REDUCED PAY AT THE TIME OF REVERSION SUBMITTED BEFORE THE 2ND RESPONDENT