Kerala High Court
M.S.Gopakumar vs The State Of Kerala on 23 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943
WP(C) NO. 14651 OF 2021
PETITIONER:
M.S.GOPAKUMAR
AGED 57 YEARS
S/O.MADHAVAN PILLAI, PULAMON HOUSE, PEOOR T.K.M.C.E.(PO),
KOLLAM DISTRICT, PIN - 691 005.
BY ADVS.
C.RAJENDRAN
B.K.GOPALAKRISHNAN
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, DEPARTMENT
OF HOUSING, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE DISTRICT COLLECTOR,
COLLECTORATE, ALAPPUZHA - 688012.
3 THE DISTRICT COLLECTOR AND CHAIRMAN
NIRMITHI KENDRA ALAPPUZHA DISTRICT, NIRMITHI CAMPUS,
BAZAAR P.O., ALAPPUZHA - 688 012.
4 MEMBER SECRETARY AND SUB-COLLECTOR
NIRMITHI KENDRA ALAPPUZHA DISTRICT, NIRMITHI CAMPUS,
BAZAAR P.O., ALAPPUZHA - 688 012.
OTHER PRESENT:
SRI. BIJOY CHANDRAN- SR.G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 14651 OF 2021
2
JUDGMENT
This writ petition is filed seeking the following prayers:-
"i. To call for the records leading to Exhibit P1 and quash
the same by the issuance of a writ of certiorari or any other
appropriate writ or direction.
ii. To issue a writ in the nature of mandamus or any other
appropriate writ, order or direction compelling and
commanding the respondents 1 to 4 not to revert the
petitioner from the post of Project Manager, Nirmithi kendara,
Alappuzha District.
iii. To issue a Writ in the nature of mandamus or any other
appropriate Writ, order or direction compelling and
commanding the respondents 1 to 4 to make appointment of
a candidate, by strictly observing the process and procedure
of appointment fixing the qualification, experience etc.
iv. To issue a Writ in the nature of mandamus or any other
appropriate Writ, order or direction compelling and
commanding the respondents 1 to 4 not to initiate any
proceeding to recover any amount paid to the petitioner as
the salary of the Project Manager."
2. Heard the learned counsel for the petitioner and the
learned Government Pleader.
3. It is submitted by the learned counsel for the
petitioner that the petitioner has been put in-charge of Project
Manager in Nirmithi Kendra, Alappuzha and is continuing as
such. It is submitted that steps have been taken to replace the
WP(C) NO. 14651 OF 2021
petitioner with a qualified hand pursuant to Ext.P1. The
petitioner submits that there is a further direction in Ext.P1 to
recover the pay of Project Manager, which was paid to him. It
is submitted that there is no qualified hand to work as Project
Manager or Project Engineer in the Kendra at the relevant time
and that the petitioner having been given full additional charge
of Project Manager had actually been working as such. It is
submitted that the petitioner is, therefore, to be permitted to
continue as Project Manager and the proposal to recover the
salary drawn by him pursuant to competent orders of the
authorities is completely unjustified.
4. The learned Government Pleader submits that Ext.P1
directs the filing up of the post of Project Manager in
accordance with law with a person having the requisite
qualifications. Ext.P1 further states that the petitioner had
been put in additional charge of the post of Project Manager
and therefore the payment of the salary of Project Manager
was unwarranted. It is submitted that the petitioner cannot be
WP(C) NO. 14651 OF 2021
aggrieved by the action taken by the respondents to fill up the
post of Project Manager with a qualified hand.
5. Having considered the contentions advanced on
either side, I am of the opinion that if the petitioner has any
grievance as against Ext.P1 and steps being taken pursuant
thereto, it is for the petitioner to approach the Kendra as well
as the Government with appropriate representations, which
may be considered in accordance with law. Till a decision is
taken on the representations to be submitted by the petitioner
within two weeks after hearing the petitioner within a period of
two months thereafter, the proceedings for recovery of
amounts from the petitioner as provided in paragraph 4 of
Ext.P1 shall be kept in abeyance.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
Bng/23.07.2021
WP(C) NO. 14651 OF 2021
APPENDIX OF WP(C) 14651/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE PHOTOCOPY OF THE ORDER DATED
30/06/2021 ISSUED BY THE 1ST RESPONDENT.
Exhibit P2 A TRUE PHOTOCOPY OF THE PROCEEDINGS DATED
23/6/2010 OF THE 3RD RESPONDENT.
Exhibit P3 A TRUE PHOTOCOPY OF THE PROCEEDINGS DATED
15/7/2010 OF THE 3RD RESPONDENT.
Exhibit P4 A TRUE PHOTOCOPY OF THE PROMOTION SCALE
DATED 1/7/2010 OF THE 3RD RESPONDENT.
Exhibit P5 A TRUE PHOTOCOPY OF THE REPRESENTATION
DATED 14/6/2011 SUBMITTED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT.
Exhibit P6 A TRUE PHOTOCOPY OF THE MINUTES DATED
7/5/2015.
Exhibit P7 A TRUE PHOTOCOPY OF THE MINUTES DATED
29/12/2017.
Exhibit P8 A TRUE PHOTOCOPY OF THE LETTER DATED
19/07/2021 ISSUED BY THE 3RD RESPONDENT.
