M.V.Musthafa vs Kozhikode Corporation
2021 Latest Caselaw 7765 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.4748 OF 2021(P)


PETITIONER:

               M.V.MUSTHAFA
               AGED 60 YEARS
               S/O. HAMSA, MAMMIKKA VEEDU, NADUVILPADAM,
               ARAKKINAR P. O., KOZHIKODE - 673 028.

               BY ADV. SRI.T.G.RAJENDRAN

RESPONDENTS:

      1        KOZHIKODE CORPORATION
               REPRESENTED BY ITS SECRETARY,
               CALICUT BEACH ROAD, KOZHIKODE - 673011.

      2        THE SECRETARY
               KOZHIKODE CORPORATION,
               CALICUT BEACH ROAD, KOZHIKODE - 673011.

               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.4748 OF 2021(P)

                                        2




                                 JUDGMENT

Dated this the 5th day of March 2021

This writ petition is filed seeking the following relief:

"issue a writ of mandamus or any appropriate writ order or direction, directing the 2nd respondent to consider and pass appropriate orders on Ext.P4 strictly in accordance with law in the light of Ext.P2 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 from 11.05.1990 and that his services were

regularized in 1994. He seeks grant of annual increment, taking note

of the temporary service rendered by him before his regularization

as well. Ext.P4 is the representation submitted by the petitioner in

that behalf before the respondents.

It is submitted that Ext.P2 judgment and Ext.P3 order have

been issued in the case of similarly situated persons and the WP(C).No.4748 OF 2021(P)

petitioner seeks the identical benefits that have been granted to such

persons, 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 2nd respondent to take up, consider

and pass orders on Ext.P4 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.4748 OF 2021(P)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN WP(C) NO.28142/2011 DATED 22.12.2011.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN OP NO.1616/1995 DATED 28.06.2001.

EXHIBIT P3 TRUE COPY OF THE ORDER NO.F4 138568/17 ISSUED BY THE RESPONDENT DATED 19.03.2012.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SENT BY THE PETITIONER TO THE RESPONDENT DATED 07.12.2019.

EXHIBIT P4 (A) TRUE COPY OF THE RECEIPT EVIDENCING ACCEPTANCE OF EXT.P4 REPRESENTATION.