Babu Alanchintavida vs The Secretary
2021 Latest Caselaw 390 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942

                       WP(C).No.26421 OF 2020(C)


PETITIONER:

               BABU ALANCHINTAVIDA
               AGED 56 YEARS
               RESIDING A T GUNASAGARAN, (P.O.), PUTHUPPANAM,
               KOZHIKODE DISTRICT 673 105.

               BY ADVS.
               SRI.C.VATHSALAN
               SRI.K.RAKESH ROSHAN
               SMT.THUSHARA.V

RESPONDENTS:

      1        THE SECRETARY, ENVIRONMENT DEPARTMENT
               SECRETARIAT, THIRUVANANTHAPURAM 695 001.

      2        KERALA STATE POLLUTION CENTRAL BOARD,
               PULIMOODU JUNCTION, PO. PATTOM,
               THIRUVANANTHAPURAM, 695 004,
               REPRESENTED BY CHAIRMAN.

               SRI.BINOY CHANDRAN, GP
               SRI.NAVEEN T.,SC, PCB

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.26421 OF 2020

                                         2



                                 JUDGMENT

This writ petition is filed seeking the following prayers:

"(i) Issue a writ of mandamus and direct the respondent to regularize the service of the petitioner as prayed for in Exhibit P4.

(ii) Direct the 1st respondent to consider and pass orders on Exhibit P4 representation in accordance with law forthwith after giving an opportunity of hearing to the petitioner."

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

Government Pleader as well as the learned Standing Counsel

appearing for the 2nd respondent Board.

3. It is submitted by the learned counsel for the petitioner that

Ext.P4 representation preferred by the petitioner, seeking

regularization of service under the Pollution Control Board, had been

forwarded to the Government and Ext.P5 reply given by the Board

under the Right to Information Act would show that the

representation preferred by the petitioner is pending before the

Government.

4. The learned counsel for the petitioner further submits that

service of 51 persons had been regularized by Ext.P6 order of the 2 nd WP(C).No.26421 OF 2020

respondent Board on the basis of Government Orders. It is therefore

contended that the petitioner's representation is also liable to be

considered by the 1st respondent.

5. Having heard the learned Government Pleader as well as the

learned Standing Counsel also, there will be a direction to the 1 st

respondent to take up Ext.P4 representation preferred by the

petitioner which is forwarded to the Government as stated in Ext.P5

and to pass orders thereon in accordance with law. The petitioner

shall produce a copy of this writ petition along with a copy of this

judgment before the 1st respondent for compliance. Appropriate

orders shall be passed by the Government after hearing the petitioner

as well as an authorized representative of the 2 nd respondent within a

period of two months 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.26421 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT P4 ORDER DATED 16/8/96 BY THE 2ND RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE EXPERIENCE CERTIFICATE DATED 14/12/1998 BY THE SENIOR ENVIRONMENT ENGINEER UNDER THE 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE PENSION PAYMENT ORDER DATED 15/6/2020.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 14/11/2019 BY THE PETITIONER.

EXHIBIT P5 TRUE COPY OF THE REPLY DATED 21/10/2020 GIVEN BY THE PUBLIC INFORMATION OFFICER, UNDER THE 2ND RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS CUM ORDER DATED 17/3/20O1 BY THE 2ND RESPONDENT RELATING TO THE REGULARIZATION OF THE SIMILARLY SITUATED 49 PERSONS.

RESPONDENT'S/S EXHIBITS: NIL