Kerala High Court
Binumol Jose vs State Of Kerala on 11 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942
WP(C).No.189 OF 2021(W)
PETITIONERS:
1 BINUMOL JOSE
AGED 48 YEARS
D/O.V.S.JOSEPH, D.T.P.OPERATOR, SUB CENTRE, KERALA
STATE CENTRE FOR ADVANCED PRINTING AND TRAINING (C-
APT) PALA, KOTTAYAM - 686 575 RESIDING AT
POOVATHUMKAL (H), NEELOOR P.O., KOTTAYAM - 686 651.
2 BINDU THANKAPPAN
AGED 46 YEARS
D/O.DIVAKARAN NAIR, L.D.TYPIST, SUB CENTRE, KERALA
STATE CENTRE FOR ADVANCED PRINTING AND TRAINING (C-
APT), PALA, KOTTAYAM - 686 575 RESIDING AT VAZHIKOTTU
(H), KUDAYATHOOR P.O., THODUPUZHA, IDUKKI - 685 590.
3 THOMAS P.MATHEW
AGED 51 YEARS
S/O.MATHEW, REPROGRAPHIC ASSISTANT, SUB CENTRE,
KERALA STATE CENTRE FOR ADVANCED PRINTING THE
TRAINING, (C-APT), PALA, KOTTAYAM - 686 575 RESIDING
AT KALAPURACKAL (H), ARUVITHURA P.O.,
KOTTAYAM - 686 122.
4 SUDHARSAN M.R.
AGED 51 YEARS
S/O.RAMACHANDRAN NAIR, BINDER, SUB CENTRE, KERALA
STATE CENTRE FOR ADVANCED PRINTING THE TRAINING, (C-
APT), PALA, KOTTAYAM - 686 575 RESIDING AT MAMBILIL
(H), UDUMBANNOOR P.O., THODUPUZHA, IDUKKI - 685 595.
5 MARIYA V.V.
AGED 55 YEARS
D/O.VARGHESE, BINDER, SUB CENTRE, KERALA STATE CENTRE
FOR ADVANCED PRINTING AND TRAINING, (C-APT), PALA,
KOTTAYAM - 686 575 RESIDING AT MEVALAKUNNEL (H),
PURAPUZHA P.O., THODUPUZHA, IDUKKI - 685 583.
6 SALY VARGHESE
AGED 56 YEARS
D/O.VARKEY VARGHESE, BINDER, SUB CENTRE, KERALA STATE
CENTRE FOR ADVANCED PRINTING AND TRAINING, (C-APT),
PALA, KOTTAYAM - 686 575 RESIDING AT AKKAL (H),
WP(C).No.189 OF 2021(W)
2
MOOLAVATTOM P.O., KOTTAYAM - 686 012.
7 MADHU K.K.
AGED 51 YEARS
S/O.KRISHNAN NAIR, TRADE INSTRUCTOR, SUB CENTRE,
KERALA STATE CENTRE FOR ADVANCED PRINTING AND
TRAINING, (C-APT), PALA, KOTTAYAM - 686 575
RESIDING AT PONNOLI (H), VANCHIMALA P.O.,
KALAKKETTI, KOTTAYAM - 686 508.
8 SINDHUMOL M.N.
AGED 45 YEARS
D/O.NAMPI M.A., TRADE INSTRUCTOR, SUB CENTRE,
KERALA STATE CENTRE FOR ADVANCED PRINTING AND
TRAINING, (C-APT), PALA, KOTTAYAM - 686 575
RESIDING AT PURAPUZHA P.O., VAZHITHALA, IDUKKI -
685 583.
9 SAJI THOMAS
AGED 56 YEARS
S/O.K.U.THOMAS, HELPER, SUB CENTRE, KERALA STATE
CENTRE FOR ADVANCED PRINTING AND TRAINING, (C-APT),
PALA, KOTTAYAM - 686 575 RESIDING AT KOTTARAM
KUNNEL (H), ARUVITHURA P.O., ERATTUPUZHA, KOTTAYAM
- 686 122.
10 AJITHA K.T.
AGED 56 YEARS
D/O.K.K.THANKAPPAN, HELPER, SUB CENTRE, KERALA
STATE CENTRE FOR ADVANCED PRINTING AND TRAINING,
(C-APT), PALA, KOTTAYAM - 686 575 RESIDING AT
MUNDOKUZHIYIL (H), PURAPUZHA P.O., THODUPUZHA,
IDUKKI - 685 583.
11 SHAJI JOSEPH
AGED 56 YEARS
S/O.MATHAI EDIKULA, SALES ASSISTANT, SUB CENTRE,
KERALA STATE CENTRE FOR ADVANCED PRINTING AND
TRAINING, (C-APT), PALA, KOTTAYAM - 686 575
RESIDING AT VANIYAPURACKAL HOUSE, PERUMITTATHU,
NIRANAM, PATHANAMTHITTA - 689 621.
12 MONCY T.MALIACKAL
AGED 54 YEARS
S/O.M.T.THOMAS, U.D.CLERK, EXTENSION CENTRE, KERALA
STATE CENTRE FOR ADVANCED PRINTING AND TRAINING,
(C-APT), KADUTHURUTHY, KOTTAYAM - 686 604 RESIDING
AT THANAVELIL, VADAVATHOOR P.O.,
KOTTAYAM - 686 010.
WP(C).No.189 OF 2021(W)
3
13 SAIBU K.M.
AGED 46 YEARS
S/O.K.C.MANI, BINDER, EXTENSION CENTRE, KERALA
STATE CENTRE FOR ADVANCED PRINTING AND TRAINING,
(C-APT), KADUTHURUTHY, KOTTAYAM - 686 604 RESIDING
AT KUNNAPPALLIL (H), KAIPUZHA P.O., KOTTAYAM -
686602.
14 LILLIKUTTY P.U.
AGED 56 YEARS
D/O.UDUP, HELPER, EXTENSION CENTRE, KERALA STATE
CENTRE FOR ADVANCED PRINTING AND TRAINING, (C-APT),
KADUTHURUTHY, KOTTAYAM - 686 604 RESIDING AT
PALAKOZHUPIL (H), ERAVINMANGALAM P.O.,
KADUTHURUTHY, KOTTAYAM - 686 613.
BY ADVS.
SRI.S.MUHAMMED HANEEFF
SRI.M.H.ASIF ALI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, HIGHER EDUCATION
DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
2 KERALA STATE CENTRE FOR ADVANCED PRINTING AND
TRAINING (C-APT)
REPRESENTED BY ITS MANAGING DIRECTOR,
VATTIYOORKKAVU, THIRUVANANTHAPURAM - 695 002.
3 THE OFFICER-IN-CHARGE
SUB CENTRE, KERALA STATE CENTRE FOR ADVANCED
PRINTING AND TRAINING (C-APT), PALA,
KOTTAYAM - 686 575.
4 THE OFFICER-IN-CHARGE
EXTENSION CENTRE, KERALA STATE CENTRE FOR ADVANCED
PRINTING AND TRAINING. (C-APT), KADUTHURUTHY,
KOTTAYAM - 686604.
GP-SRI.BIJOY CHANDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.189 OF 2021(W)
4
JUDGMENT
Dated this the 11th day of January 2021
This writ petition is filed seeking the following reliefs:
"a) Call for the records leading up to Ext.P4 and
quash the same to the extent it order transfer of the
petitioner on work arrangement for 90 days to Head Office,
Thiruvananthapuram by issuing a writ of certiorari or any
other appropriate writ order or direction.
b) Issue a writ of mandamus or any other appropriate
writ, order or direction directing the 1st respondent to
consider Ext.P1 and pass appropriate orders on the same
after affording an opportunity of hearing to the petitioners
or an authorised representative of the petitioners within a
time frame fixed by this Hon'ble Court."
2. Heard the learned counsel for the petitioners, the learned
Government Pleader as well as the learned counsel appearing for
respondents 2 to 4.
3. It is submitted by the learned counsel for the petitioners
that the petitioners have moved this Court against their posting
orders on work arrangement basis to the Head Office,
Thiruvananthapuram. It is submitted that the petitioners had raised
several objections to the posting orders, since the individual
WP(C).No.189 OF 2021(W)
grievances of the petitioners were not been considered and certain
persons had been exempted from such work arrangements. Ext.P5
representation which was a comprehensive representation
preferred by the petitioners had been submitted before the
Government and Ext.P7, which is a specific representation preferred
by the 13th petitioner with regard to the mental disability of his child
had been preferred before the 2nd respondent-Managing Director.
4. The learned counsel appearing for the respondents would
submit that it is for the appropriate committee of the governing
body of the 2nd respondent to take an appropriate decision on Ext.P5
representation. However, with regard to the request made by the
13th petitioner in Ext.P7, it is submitted that the same will be
considered by the Managing Director within a period of two weeks
from the date of receipt of a copy of this judgment.
In the above view of the matter, this writ petition is disposed
of with the following directions:
i) There will be a direction to the Managing Director of the 2 nd
respondent to take up Ext.P7 and pass an appropriate order on the
same within a period of two weeks from the date of receipt of a copy
of this judgment. The specific aspect highlighted by the 13 th
WP(C).No.189 OF 2021(W)
petitioner shall be specifically taken note of while passing orders as
directed above.
ii) The appropriate committee of the governing body of the 2 nd
respondent shall take up Ext.P5 and pass appropriate orders thereon
after hearing a representative of the petitioners. Appropriate steps
shall be taken within a period of six weeks from the date of receipt
of a copy of this judgment. It is made clear that hearing can be done
through video conferencing or through any other appropriate
means.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
SVP
WP(C).No.189 OF 2021(W)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE RELEVANT PROVISIONS
OF THE KERALA STATE AUDIO-VISUAL &
REPROGRAPHIC CENTRE RULES ON SERVICE
CONDITIONS OF EMPLOYEES AND ALLIED
MATTERS.
EXHIBIT P2 A TRUE COPY OF THE ORDER BEARING NO.C-
APT/1000/13/E.ST DT. 30/01/2019 ISSUED
BY THE 2ND RESPONDENT.
EXHIBIT P3 A TRUE COPY OF THE ORDER BEARING NO.C-
APT/1000/13/E.ST DT. 08/02/2019 ISSUED
BY THE 2ND RESPONDENT.
EXHIBIT P4 A TRUE COPY OF THE ORDER BEARING NO.C-
APT/1000/13/E.S.T. DT. 28/12/2020 ISSUED
BY THE 2ND RESPONDENT.
EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION DT.
01/01/2021 SUBMITTED BY THE PETITIONERS
BEFORE THE 1ST RESPONDENT.
EXHIBIT P6 A TRUE COPY OF THE STANDING DISABILITY
ASSESSMENT CERTIFICATE DT. 26/08/2015
ISSUED BY THE MEDICAL BOARD, GOVT MEDIAL
COLLEGE HOSPITAL, KOTTAYAM.
EXHIBIT P7 A TRUE COPY OF THE REPRESENTATION DT.
29/12/2020 SUBMITTED BY THE 13TH
PETITIONER TO THE 2ND RESPONDENT.
