C.Mohanadasan @ C.Mohanan vs Kozhikode Corporation
2021 Latest Caselaw 7764 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942

                       WP(C).No.4749 OF 2021(P)


PETITIONER:

               C.MOHANADASAN @ C.MOHANAN
               AGED 65 YEARS
               S/O.C.KUTTAN, PARIYADATH,
               PUTHIYARA P.O., KOZHIKODE.

               BY ADV. SRI.T.G.RAJENDRAN

RESPONDENTS:

      1        KOZHIKODE CORPORATION
               REPRESENTED BY ITS SECRETARY, CALICUT BEACH ROAD,
               KOZHIKODE-673 011.

      2        THE SECRETARY, KOZHIKODE CORPORATION,
               CALICUT BEACH ROAD, KOZHIKODE-673 011.

      3        THE SENIOR DEPUTY DIRECTOR,.
               KOZHIKODE CORPORATION AUDIT DEPARTMENT,
               KOZHIKODE-673 011.

               R1-2 BY ADV. SRI.V.KRISHNA MENON

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4749 OF 2021(P)

                                         2




                                    JUDGMENT

Dated this the 5th day of March 2021

This writ petition is filed seeking the following reliefs:

"a) issue a writ of certiorari calling for the records leading to Ext.P5 and P6 and quash the original of the same.

b) Issue a writ of mandamus or any appropriate writ order or direction, directing the 2nd respondent to consider and pass appropriate orders on Ext.P7 strictly in accordance with law in the light of Ext.P3 judgment of this Hon'ble Court."

2. Heard the learned counsel for the petitioner and the

learned Standing Counsel appearing for the respondents.

3. It is submitted by the learned counsel for the petitioner

that the petitioner was working as an Anti-malaria Worker under

Kozhikode Corporation and had retired from service on

30.10.2016. He seeks grant of annual increment, taking note of the

temporary service rendered by him before his regularization as

well. His requests in this regard were rejected by Exts.P5 and P6.

Ext.P7 is the representation submitted by the petitioner in that WP(C).No.4749 OF 2021(P)

behalf before the respondents, pointing out that identically

situated employees have been granted the benefits.

I am of the opinion that the said request is liable to be

considered by the respondents in accordance with law. There will,

accordingly, be a direction to the 2 nd respondent to take up,

consider and pass orders on Ext.P7 representation preferred by

the petitioner within a period of one month from the date of

receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C).No.4749 OF 2021(P)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER NO.F4-

31825/86(1) ISSUED BY THE KOZHIKODE CORPORATION COMMISSIONER DATED 08.03.1994.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN WPC NO.28142/2011 DATED 22.12.2011.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN OP NO.1616/1995 DATED 28.06.2001.

EXHIBIT P4 TRUE COPY OF THE ORDER NO.F4/138568/11 ISSUED BY THE RESPONDENT DATED 19.3.2012.

EXHIBIT P5 TRUE COPY OF THE CLARIFICATION LETTER ISSUED BY THE SENIOR DEPUTY DIRECTOR TO THE 2ND RESPONDENT DATED 24.07.2019.

EXHIBIT P6 TRUE COPY OF THE LETTER NO.F4/138568/11 DATED 05.08.2019 ISSUED TO THE PETITIONER.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION SENT BY THE PETITIONER TO THE 1ST RESPONDENT DATED 12.02.2021.