V.K.Gireesh Lal vs Wp(C).No.6426 Of 202
2021 Latest Caselaw 8302 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

            THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942

                        WP(C).No.6426 OF 2021(C)


PETITIONER/S:

      1         V.K.GIREESH LAL
                AGED 48 YEARS
                S/O. R.KARUNAKARAN PILLA, RESIDING AT THEKKEVEETTIL
                PADINHATTETHIL, PANAYAM P.O, PERUNAD, KOLLAM, PIN
                691601

      2         L.S ANILKUMAR,
                AGED 48 YEARS
                HARIKRISHNA NIVAS, MARAYAMUTTOM P.O, NEYYATTINKARA,
                THIRUVANANTHAPURAM PIN 695 124

      3         H. STALIN,
                AGED 45 YEARS
                S/O. HENRY, ROSE GARDEN, PADAPPAKKARA P.O, KOLLAM,
                PIN 691 503

      4         SAJEEVAN,
                AGED 47 YEARS
                S/O. VELU, THEKKEVEEDU, PUNNAPRA P.O, ALAPPUZHA, PIN
                688 004

      5         HUSSAIN,
                AGED 48 YEARS
                S/O. IBRAHIM KUTTY, KOTTOOR VEEDU, KOZHIKODE,
                KARUNAGAPPALLY, KOLLAM DISTRICT, PIN 690 573

      6         THANKARAJ S,
                AGED 43 YEARS
                S/O. K. SREENIVASAN, LAKSHMI LAND, PEROOR, T.K.M.C
                P.O, KOLLAM, PIN 691 005

      7         JAHEER KHAN,
                AGED 33 YEARS
                S/O. T.K HANEEFA RAVUTHAR, KODAMTHOPPIL HOUSE,
                PORUVAZHY P.O, SHASTHAMKOTTA, KOLLAM PIN 690 520

                BY ADVS.
                SRI.T.K.VIPINDAS
                SRI.K.M.MUHAMMED HUSSAIN

RESPONDENT/S:
 WP(C).No.6426 OF 2021

                                2


      1      THE KERALA HEADLOAD WORKERS WELFARE BOARD
             REPRESENTED BY ITS SECRETARY-682017

      2      THE CHIEF EXECUTIVE OFFICER,
             KERALA HEADLOAD WORKERS WELFARE BOARD, ERNAKULAM
             PIN 682 017


             S.KRISHNAMOORTHY

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.6426 OF 2021

                                       3



                               JUDGMENT

Dated this the 12th day of March 2021

This writ petition is filed seeking the following reliefs:-

(i) Issue a writ in the nature of Mandamus or any other appropriate Writ, Order or direction directing the 1st respondent to consider and pass orders on Exhibit P12 representation.

(ii) Issue a writ in the nature of Mandamus or any other appropriate Writ, Order or direction directing the respondents 1 and 2 not to issued any orders prejudicial to the petitioners till the special Rules are amended as directed in Exhibit P8 and P11 orders.

2. Heard the learned counsel for the petitioners and the

learned counsel appearing for the respondents 1 and 2.

3. It is submitted by the learned counsel for the

petitioners that the petitioners are presently working as Lower

Division Clerks under the 1 st respondent. They are category 'C'

employees in the Board. It is submitted that the 1 st respondent

Board had decided that the eligibility for promotion to the post of

LDC in the case of direct recruitment would be BA/BSc/B.Com or

any equivalent 3 year degree and that in he case of by transfer WP(C).No.6426 OF 2021

from category 'C' employees would be SSLC . It is submitted

that though the Special Rules have been formulated, the request

of the petitioners for effecting promotions taking note of the

Special Rules has not been taken note of by the respondents.

Three of the petitioners have approached the 2 nd respondent with

Ext.P12 representation and they seek a consideration of the

same, taking note of the grievances raised by them.

Having heard the learned standing counsel also, I am of the

opinion that the 2nd respondent is liable to take an appropriate

decision on the representation preferred by the petitioners.

There will, accordingly, be a direction to the 2 nd respondent to

take up, consider and pass orders on Ext. P12 representation

preferred by the petitioners within a period of two months from

the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

ssa WP(C).No.6426 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER G.O(P) NO. 12/2010/P AND ARD DATED 05-04-2010

EXHIBIT P2 TRUE COPY OF THE ORDER G.O(P) NO.

1/2014/PAND ARD DATED 03-01-2014

EXHIBIT P3 TRUE COPY OF THE SENIORITY LIST OF ATTENDERS PUBLISHED BY 1ST RESPONDENT DATED 20-05-2014

EXHIBIT P4 TRUE COPY OF THE RESOLUTION NO. 17 DATED 11-04-2014 OF THE 1ST RESPONDENT

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 1-8-

2014 SUBMITTED BY THE 1ST PETITIONER TO THE 2ND RESPONDENT

EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 3-10-2017 IN W.P(C) NO. 29707/2014

EXHIBIT P7 TRUE COPY OF THE ARGUMENT NOTES SUBMITTED BY THE PETITIONERS 1,2 AND OTHERS BEFORE THE SECRETARY TO GOVERNMENT, LABOUR AND SKILLS DEPARTMENT DATED 2-2-2018

EXHIBIT P8 TRUE COPY OF THE G.O(P) NO. 387/18 DATED 4-

4-2018 ISSUED BY THE SECRETARY TO GOVERNMENT, LABOUR AND SKILLS DEPARTMENT.

EXHIBIT P9 TRUE COPY OF THE PROCEEDINGS NO. E3-

21796/07(1) DATED 01-08-2018

EXHIBIT P10 THE TRUE COPY OF THE KERALA HEAD LOAD WORKERS WELFARE BOARD STAFF (APPOINTMENT, SERVICE, CONDITIONS, CONDUCT AND DISCIPLINARY) RULES , 2002

EXHIBIT P11 TRUE COPY OF G.O(P) NO. 21/2014/P AND ARD DATED 19-07-2014

EXHIBIT P12 TRUE COPY OF THE REPRESENTATION DATED 24-2-

2021 SUBMITTED BEFORE 1ST RESPONDENT.