Gaurav Mittal vs State Of Kerala
2021 Latest Caselaw 10366 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE SMT. JUSTICE P.V.ASHA

     FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943

                        WP(C).No.7862 OF 2021(G)


PETITIONER/S:

                GAURAV MITTAL
                AGED 36 YEARS
                S/O AJAY KUMAR MITTAL, WORKING AS EXECUTIVE ENGINNER
                (ELECTRICAL), CPWD, KENDRIYA BHAVAN, KAKKANAD,
                RESIDING AT D-12, BLOCK 111, GPRA QUARTERS, NEAR
                CIVIL STATION, KAKKANAD, KOCHI-682 030

                BY ADV. SMT.THANUJA ROSHAN

RESPONDENT/S:

      1         STATE OF KERALA
                REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF
                KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
                PIN CODE-695 001.

      2         STATE ELECTION COMMISSION,
                KERALA , REPRESENTED BY ITS SECRETARY, CORPORATION
                OFFICE COMPLEX, LMS JUNCTION, PALAYAM,
                THIRUVANANTHAPURAM-695 033.

      3         DISTRICT ELECTION OFFICER AND DISTRICT COLLECTOR,
                ERNAKULAM, COLLECTORATE, KAKKANAD,KOCHI-682 030.



                SMT.VINITHA.B, GOVERNMENT PLEADER,
                SRI.KODOTH SREEDHARAN,SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7862 OF 2021(G)                  2



                                 JUDGMENT

Dated this the 26th day of March 2021

The petitioner, who is an Executive Engineer(Electrical) in the

Central Public Works Department(CPWD) at Kakkanad, is

aggrieved by the duty assigned to him in connection with the

upcoming elections to the Legislative Assembly in the State of

Kerala, as Presiding Officer, on the ground that he will have to

report before the Assistant Returning Officer, who is a Block

Development Officer in Pambakuda Block, Anchelpetty. The

Assistant Returning Officer is a Group 'B' officer of the Central

Government. The petitioner claims that he is a Group 'A'

officer of the Central Government and as per Ext.P4, the

relative position of the officials with refers to their

cadre/organization has to be taken into account while

assigning duty in the Election. Pointing out the same, the

petitioner has submitted Ext.P5 representation before the 3 rd

respondent. The petitioner is willing to perform duty in

accordance with his rank.

Therefore, there shall be a direction to the 3 rd

respondent, to consider and pass order on Ext.P5

representation within a period of one week.

The Writ Petition is disposed of accordingly.

Sd/-

P.V.ASHA JUDGE

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE OFFICE ORDER DATED 26.12.2018 BEARING NO 8(2) SHOWING DETAILS OF THE PETITIONERS PAY FIXATION AND THE LEVEL OF THIS PAY W.E.F 1.7.2019

EXHIBIT P2 TRUE COPY OF THE LETTER OF APPOINTMENT OF POLLING PERSONNEL DATED 21.3.2021 BEARING REF NO DCEKM/2343/2021-N1 ISSUED BY THE 3RD RESPONDENT

EXHIBIT P3 TRUE COPY OF THE ORDER OF APPOINTMENT ISSUED BY THE 3RD RESPONDENT ON 21.3.2021

EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF THE HANDBOOK FOR RETURNING OFFICER, FEBRUARY 2019 (DOCUMENT 23-EDITION-1)

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 24.3.2021 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT

RESPONDENT'S/S EXHIBITS: NIL

//TRUE COPY// PA TO JUDGE