Sports Council Coaches ... vs Kerala State Sports Council
2021 Latest Caselaw 13743 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        FRIDAY, THE 2ND DAY OF JULY 2021 / 11TH ASHADHA, 1943
                        WP(C) NO. 2047 OF 2021
PETITIONER:

           SPORTS COUNCIL COACHES ASSOCIATION
           KERALA STATE SPORTS COUNCIL, THIRUVANANTHAPURAM, PIN-
           695001, REPRESENTED BY ITS SECRETARY, MR.C.V.BIJILAL,
           S/O. D.CHANDRASEKHARA PANICKER, CHIRAKKARA VILLAGE,
           KOLLAM TALUK, KOLLAM DISTRICT, PIN-691578.

           BY ADVS.
           K.SIJU
           SRI.S.ABHILASH
           SMT.ANJANA KANNATH



RESPONDENTS:

    1      KERALA STATE SPORTS COUNCIL
           REPRESENTED BY ITS SECRETARY, YMCA ROAD, STATUE,
           THIRUVANANTHAPURAM, PIN-695001.

    2      STATE OF KERALA,
           REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF
           SPORTS AND YOUTH AFFAIRS, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM, PIN-695001.

    3      THE PRINCIPAL SECRETARY TO THE DEPARTMENT OF FINANCE,
           GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM, PIN-695001.

    4      THE CHIEF SECRETARY,
           GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM, PIN-695001.

           SRI.SUNIL KUMAR KURIAKOSE - GP,
           SMT. LATHA ANAND - SC




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 2047 OF 2021
                                    2


                              JUDGMENT

Even though the petitioner - which is an association of

coaches working under the Kerala Sports Council - has filed

this writ petition seeking a direction to the respondents to pay

them their salary arrears and DA, upon impementation of the

10th pay revision and consequentially Ext.P2 Government

Order, when this matter was called today, Sri.Siju

Kamalasanan, learned counsel confined his request that the

first respondent - Sports Council, be directed to take up

Ext.P3 representation and dispose of the same within the time

frame to be fixed by this Court.

2. Sri.Siju Kamalasanan submitted that he is confining

his plea as afore because his clients have already impelled and

stated all their claims and grievances in Ext.P3 representation

dated 22.10.2020 and that they are confident that if it is

properly considered by the first respondent, they would obtain

effective recourse.

3. The learned standing counsel for the first respondent -

Smt.Latha Anand, submitted that if the petitioners only

require Ext.P3 representation to be taken up and disposed of,

there does not appear any legal impediment in doing so; but WP(C) NO. 2047 OF 2021

prayed that this Court may not make any affirmative

declarations in favour of the petitioners, but leave it to the

competent Authority of the first respondent to take a decision

on it in terms of law.

4. In the afore circumstances and since the petitioner

has now confined their prayer to the afore limited ambit, I

deem it appropriate to allow this writ petition.

Resultantly, I order this writ petition and the competent

Authority of the first respondent is directed to take up Ext.P3

representation of the petitioner and dispose of the same, after

affording its Secreatary an opportunity of being heard - either

physically or through video conferencing - leading to an

appropriate order thereon, as expeditiously as is possible, but

not later than three months from the date of receipt of a copy

of this judgment.

Sd/- DEVAN RAMACHANDRAN JUDGE

stu WP(C) NO. 2047 OF 2021

APPENDIX OF WP(C) 2047/2021

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF THE LIST OF MEMBERS OF THE SPORTS COUNCIL COACHES ASSOCIATION.

EXHIBIT P2 TRUE COPY OF G.O.(MS) NO.6/2019/SYD DATED 22.6.2019 IMPLEMENTING PAY REVISION IN SPORTS COUNCIL OF KERALA.

EXHIBIT P3 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER UNION THROUGH ITS SECRETARY DATED 22.10.2020 BEFORE THE 1ST RESPONDENT.