Suseel S vs The Chief Engineer (H.R.M)
2021 Latest Caselaw 2419 Ker

Citation : 2021 Latest Caselaw 2419 Ker
Judgement Date : 21 January, 2021

Kerala High Court

Suseel S vs The Chief Engineer (H.R.M) on 21 January, 2021

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942

                       WP(C).No.25208 OF 2020(A)


PETITIONER:

               SUSEEL S.
               AGED 50 YEARS
               OFFICE OF THE FINANCIAL ADVISOR, VYDHYUTHI BHAVAN,
               PATTOM, THIRUVANANTHAPURAM-695 004

               BY ADVS.
               SHRI.SHERRY J. THOMAS
               SRI.JOEMON ANTONY

RESPONDENTS:

      1        THE CHIEF ENGINEER (H.R.M)
               KERALA STATE ELECTRICITY BOARD, VYDHYUTHI BHAVAN,
               PATTOM, THIRUVANANTHAPURAM-695 004

      2        THE STATE OF KERALA,
               REPRESENTED BY THE COMMISSIONER AND SECRETARY TO
               GOVT. P AND AR RULES DEPARTMENT, SECRETARIAT,
               THIRUVANANTHAPURAM,PIN-689 001

               R1 BY ADV. SRI.M.K.THANKAPPAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.25208 OF 2020(A)

                                     2

                              JUDGMENT

This writ petition is filed seeking the following prayers:-

"i) Call for the records pertaining to Ext.P3, P5 and P9 and set aside Ext.P3 as against this petitioner.

ii) Issue a writ of mandamus or any other appropriate writ, order or direction, to set aside the Exhibit P5 order and direct the 1st respondent to consider Ext.P9 appeal.

iii) To issue a writ of mandamus or any other appropriate writ, order to declare that the Clause vi in Ext.P6 is not applicable to temporary relinquishments on the ground of reasons which cannot be anticipated at the time of non-refusal declaration and 1st respondent cannot recover the entire grade benefits of the petitioner.

iv) To issue a writ of mandamus or any other appropriate writ, order or direction, to the 1 st respondent not to prevent the disbursal of salary of the petitioner and not to recover the grade promotion benefits for challenging Ext.P3 and Ext.P5."

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for the KSEB.

3. It is submitted by the learned counsel for the

petitioner that as against Ext.P5 decision of the 1 st respondent,

the petitioner has preferred Ext.P9 appeal before the 1 st

respondent. It is submitted that since Ext.P9 appeal has been WP(C).No.25208 OF 2020(A)

preferred before the 1st respondent, the same will be

considered by the 1st respondent, in accordance with law.

4. There will, accordingly, be a direction to the 1 st

respondent to take up Ext.P9 appeal preferred by the petitioner

and to consider the same, after hearing the petitioner also. The

contention of the petitioner that Clause vi of Ext.P6 applies

only to permanent relinquishment and that the petitioner

requires only a breathing time before joining the promoted post

shall be considered by the 1 st respondent while considering

Ext.P9. Orders shall be passed, after hearing the petitioner also,

within a period of one month from the date of receipt of a copy

of this judgment. Till such time, the interim order shall remain

in force.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE Bng/21.01.2021 WP(C).No.25208 OF 2020(A)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE DOCUMENT SHOWS THAT THE PETITIONERS WIFE WAS WORKING AS HSST GOVT. HIGHER LETTER ISSUED BY THE PRINCIPAL OF DEVDHAR GOVT. HIGHER SECONDARY SCHOOL, THANUR, DATED 8.6.2020

EXHIBIT P1A THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRINCIPAL OF GHSS KUTTIPPURAM

EXHIBIT P2 THE TRUE COPY OF THE CERTIFICATE ISSUED FORM THE VISHWABHARATHY PUBLIC SCHOOL DATED 12.6.2020 WHEREIN THE PETITIONERS ELDER SON IS STUDYING

EXHIBIT P2A THE TRUE COPY OF THE CERTIFICATE ISSUED FORM THE VISHWABHARATHY PUBLIC SCHOOL SHOWS THE STATUS DATED 12.6.2020

EXHIBIT P3 THE TRUE COPY OF THE PROCEEDINGS OF 1ST RESPONDENT DATED 8.9.2020

EXHIBIT P4 THE TRUE COPY OF LETTER TO THE 1ST RESPONDENT DATED 7.9.2020

EXHIBIT P5 THE TRUE COPY OF THE ORDER DATED 25.8.2020

EXHIBIT P6 THE ORDER DATED 29.5.2003

EXHIBIT P7 THE TRUE COPY OF THE MODEL FORMAT IN WHICH THE EMPLOYEES OUGHT TO GIVE DECELERATION

EXHIBIT P8 THE TRUE COPY OF THE GOVERNMENT ORDER DATED 7.12.1991 WHICH IS THE PARENTAL ORDER OF EXHIBIT P6

EXHIBIT P9 THE TRUE COPY OF THE APPEAL DATED 14.9.2020

EXHIBIT P10 THE TRUE COPY OF THE EXTRACT OF PERSONS IN SUCH FLAGGED POSTS WP(C).No.25208 OF 2020(A)

EXHIBIT P11 THE TRUE COPY OF ORDER OF GENERAL EDUCATION DEPARTMENT VIDE G.O.

(RT)NO.456/13/GI.EDN DATED 01.02.2013

EXHIBIT P12 THE TRUE COPY OF ORDER OF GENERAL EDUCATION DEPARTMENT VIDE G.O.