Nishin V vs State Of Kerala
2021 Latest Caselaw 7043 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

     MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942

                       WP(C).No.4741 OF 2021(P)

PETITIONERS:

      1        NISHIN V, ASSISTANT GRADE-II, FL-1-1005,
               NEYYATTINKARA, THIRUVANANTHAPURAM.

      2        MANIKANDAN V., ASSISTANT GRADE-II, FL-1-9027,
               MUDAPPALLOOR, PALAKKAD.

      3        SUJITH S., ASSISTANT GRADE-II, FL-1-9017,
               PATHIRIPPALA, PALAKKAD.

      4        SUBHASH P.B., ASSISTANT GRADE-II, FL-1-9028,
               THENKURISSI, PALAKAKD.

      5        VISHNU K.J., ASSISTANT GRADE-II, FL-1-7007,
               PUTHIYAKAVU, THRIPUNITHURA, ERNAKULAM.

               BY ADVS.
               DR.K.P.SATHEESAN (SR.)
               SRI.P.MOHANDAS (ERNAKULAM)
               SRI.K.SUDHINKUMAR
               SRI.S.K.ADHITHYAN
               SRI.SABU PULLAN
               SRI.GOKUL D. SUDHAKARAN

RESPONDENTS:

      1        STATE OF KERALA, REPRESENTED BY THE SECRETARY,
               TAXES DEPARTMENT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695 001.

      2        THE MANAGING DIRECTOR, KERALA STATE BEVERAGES
               CORPORATION, BEVCO TOWER, VIKAS BHAVAN P.O.,
               PALAYAM, THIRUVANANTHAPURAM-695 033.

               SRI-BIJOY CHANDRAN-GP
               SRI.T.NAVEEN - SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 4741/21
                                      2


                                 JUDGMENT

The petitioners say that they are working

as Assistant-Grade II under the 2nd respondent-

Kerala State Beverages Corporation and allege

that the staff pattern with respect to the

said Corporation has been altered through

Ext.P1, consequent to which, the post of

Assistant-Grade I has been abolished and

Assistant-Grade II can be promoted only as

Senior Assistant. They say that, therefore,

they have preferred Ext.P2 representation

before the Government against Ext.P1 and pray

that the same be directed to be taken up and

disposed of at the earliest.

2. In response, Sri.Bijoy Chandran -

learned Senior Government Pleader, submitted

that if the petitioners only want Ext.P2

representation to be taken up and disposed of,

then there is no legal impediment in doing so;

but prayed that this Court may not make any WPC 4741/21

affirmative declarations on the entitlement of

the petitioners to any relief and leave it to

the competent Authority to take a final

decision thereon as per law.

In the afore circumstances, I order this

writ petition and direct the competent

Secretary of the Government of Kerala to take

up and consider Ext.P2 representation of the

petitioners after affording them an

opportunity of being heard - either physically

or through video-conferencing - thus

culminating in an appropriate order thereon,

as expeditiously as is possible, but not later

than two months from the date of receipt of a

copy of this judgment.

Sd/-

                                        DEVAN RAMACHANDRAN
       RR                                       JUDGE
 WPC 4741/21



                            APPENDIX
       PETITIONER'S/S EXHIBITS:

       EXHIBIT P1        TRUE COPY OF THE ORDER G.O.(MS)

NO.13/2021/TD DATED 12.2.2021.

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONERS BEFORE THE IST RESPONDENT DATED 16.2.2021.