Manu Mohan vs State Of Kerala
2021 Latest Caselaw 3349 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

      FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

                       WP(C).No.2288 OF 2021(I)


PETITIONER:

               MANU MOHAN,
               AGED 27 YEARS
               S/O.LATE MOHANAN, LAB ATTENDER,
               KERALA STATE POLLUTION CONTROL BOARD,
               CENTRAL LABORATORY, GANDHI NAGAR, KOCHI-682020.

               BY ADVS.
               SRI.P.NANDAKUMAR
               SMT.AMRUTHA SANJEEV

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO
               GOVERNMENT, ENVIRONMENT (A) DEPARTMENT, GOVERNMENT
               SECRETARIAT, THIRUVANANTHAPURAM-695001.

      2        KERALA STATE POLLUTION CONTROL BOARD,
               PATTOM, THIRUVANANTHAPURAM-695004,
               REPRESENTED BY ITS MEMBER SECRETARY.

      3        THE CHAIRMAN,
               KERALA STATE POLLUTION CONTROL BOARD, PATTOM,
               THIRUVANANTHAPURAM-695004.

               SRI.T. NAVEEEN, SC
               SRI.BIJOY CHANDRAN, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2288 OF 2021

                                         2




                                  JUDGMENT

Dated this the 29th day of January 2021

This writ petition is filed seeking the following reliefs :-

"i) To issue a Writ of Mandamus directing the respondents to appoint the petitioner as Assistant Grade II in the Board through by transfer appointment as per the Kerala State Pollution Control Board Subordinate Service Regulations, 1999.

ii) To declare that the petitioner is entitled to be appointed as Assistant Grade II in the Kerala State Pollution Control Board through by transfer appointment as per the Kerala State Pollution Control Board Subordinate Service Regulations 1999."

2. Heard the learned counsel for the petitioner and the learned

Government Pleader as well as the learned Standing Counsel

appearing for respondents 2 and 3.

3. The learned counsel for the petitioner submits that the

petitioner has submitted Ext.P3 representation before the Board. It is

submitted that Ext.P3 representation has been forwarded for orders

of the Government by Ext.P4 by the 2nd respondent Board.

4. Having heard the learned Government Pleader also, I am of the WP(C).No.2288 OF 2021

opinion that the request made by the petitioner which has been

forwarded to the Government is liable to be considered in

accordance with law.

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

take up, consider and pass appropriate orders on Ext.P4 request

forwarded by the Board, taking note of Ext.P3 representation

preferred by the petitioner as well. Orders shall be passed after

hearing the petitioners as well as the Board within a period of two

months from the date of receipt of a copy of this judgment. It is made

clear that the hearing can be conducted through any appropriate

means including through video conferencing.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.2288 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF ORDER NO.PCB/E1/2535/2015 DATED 26.03.2015 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P2 TRUE COPY OF PROVISIONAL CERTIFICATE OF B.COM DEGREE ISSUED BY MAHATMA GANDHI UNIVERSITY.

EXHIBIT P3 TRUE COPY OF REPRESENTATION DATED 30.10.2020 OF THE PETITIONER TO THE 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF LETTER NO.PCB/E1/2535/2015 DATED 26.11.2020 OF THE 3RD RESPONDENT TO THE 1ST RESPONDENT.

RESPONDENT'S/S EXHIBITS: NIL