Sivadasan vs The State Of Kerala
2021 Latest Caselaw 7611 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942

                       WP(C).No.5666 OF 2021(G)


PETITIONER:

               SIVADASAN
               AGED 51 YEARS
               S/O. KRISHNANKUTTY, CHIRAKKARA PUTHEN VEEDU,
               KOTTIYAM, KOLLAM 691 571

               BY ADVS.
               SRI.V.JAYAPRADEEP
               SMT.ANN SUSAN GEORGE
               SMT.O.A.NURIYA
               SRI.D.S.LOKANATHAN
               SRI.ALAN PRIYADARSHI DEV

RESPONDENTS:

      1        THE STATE OF KERALA
               REPRESENTED BT THE PRICIPAL SECRETARY,DEPARTMENT OF
               INDUSTRIES (CASHEW), SECRETARIAT,
               THIRUVANANTHAPURAM 695 005

      2        THE KERALA STATE CASHEW DEVELOPMENT CORPROATION
               LIMITED,
               CASHEW HOUSE, P.B NO. 13, KOLLAM 691 001
               REPRESENTED BY ITS MANAGING DIRECTOR

      3        SHYAM LAL,
               S/O. K.N UNNI, PUNTHALA VEEDU, KALLUMTHAZHAM P.O,
               KILIKOLLOOR, KOLLAM 691 004



               VIPIN VARGHESE SC AND GP BIJOY CHANDRAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5666 OF 2021(G)               2




                                  JUDGMENT

Dated this the 4th day of March 2021

This writ petition is filed seeking the following reliefs:

"i) issue a writ of mandamus or any other writ, order or direction declaring that the proposed appointment of the 3rd respondent, to the post of Head Office Driver in the 2nd respondent, is highly illegal and unjust.

ii) issue a writ of mandamus or any other writ, order or direction, directing the 2nd respondent to promote the petitioner to the existing post of 'Head Office Driver' in the 2nd respondent Corporation, forthwith."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader as well as the learned Standing

Counsel appearing for the 2nd respondent. In view of the

directions being issued, notice to the 3 rd respondent is

dispensed with.

3. The learned counsel for the petitioner submits that the

petitioner was working as Driver in the 2 nd respondent-

Corporation from 1997 onwards and was regularly appointed as

such in the year 2008. It is stated that going by Ext.P1, which are

the Promotion Rules applicable in the 2 nd respondent-

Corporation, the post of Head Office Driver in the 2 nd

respondent-Corporation is liable to be filled up by promotion

from Factory Driver having VIIth standard and heavy duty

driving licence with 10 years of experience. It is submitted that

the petitioner had all the qualifications and eligibility from

10.11.2018 onwards. It is submitted that while so, an attempt is

being made to appoint the 3rd respondent as Head Office Driver

without adverting to Ext.P1 Rules. The petitioner had preferred

Ext.P2 representation before the 2nd respondent and seeks a

consideration of the same.

Having heard the learned counsel on all sides, I am of the

opinion that Ext.P2 representation preferred by the petitioner

is liable to be considered and disposed of after hearing the

petitioner as well as the 3 rd respondent, by any appropriate

means including through video conferencing, before the post is

filled up, if the same is not been filled up yet. An order shall be

passed by the 2nd respondent on the representation preferred by

the petitioner within a period of three weeks from the date of

receipt of a copy of this judgment. Till such time, if no

appointment has been effected to the post, the post shall not be

permanently filled up.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE COPY OF THE RELEVANT PAGES OF THE INTERNAL RULES OF THE 2ND RESPONDENT

EXHIBIT P2 THE COPY OF THE REPRESENTATION DATED 25-02-2021 MADE TO THE 2ND RESPONDENT