Maheshkumar V.S. vs State Of Kerala
2021 Latest Caselaw 9410 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

     MONDAY, THE 22ND DAY OF MARCH 2021 / 1ST CHAITHRA, 1943

                       WP(C).No.4668 OF 2021(G)

PETITIONER:

               MAHESHKUMAR V.S., JUNIOR ASSISTANT,
               SUPPLYCO, KALLIYOOR MAVELI STORE,
               THIRUVANANTHAPURAM .

               BY ADVS.
               SRI.V.VINAY
               SRI.S.RAJEEV
               SRI.K.K.DHEERENDRAKRISHNAN
               SRI.K.ANAND

RESPONDENTS:

      1        STATE OF KERALA, THROUGH, FOOD AND CIVIL SUPPLIES
               DEPARTMENT, REPRESENTED BY THE SPECIAL SECRETARY AND
               COMMISSIONER, ROOM O. 379A, 1ST FLOOR, MAIN BLOCK,
               SECRETARIAT, THIRUVANANTHAPURAM . 695 001.

      2        SUPPLYCO, REPRESENTED BY ITS MANAGING DIRECTOR,
               MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR,
               ERNAKULAM 682 020.

      3        CHAIRMAN AND MANAGING DIRECTOR,
               KERALA CIVIL SUPPLIES CORPORATION, SUPPLYCO,
               MAVELI BHAVAN, MAVELI ROAD, GANDHI NAGAR,
               ERNAKULAM 682 020.

      4        BOARD OF DIRECTORS, REPRESENTED BY ITS CHAIRMAN,
               KERALA CIVIL SUPPLIES CORPORATION, SUPPLYCO, MAVELI
               BHAVAN, MAVELI ROAD, GANDHI NAGAR, ERNAKULAM 682 020.

               BY ADVS.
               SMT.MOLLY JACOB,SC,SUPPLYCO
               SRI. SUNIL KUMAR KURIAKOSE - GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD         ON
22.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 4668/21
                                           2


                                     JUDGMENT

The petitioner, who is presently working

as a Junior Assistant in the services of the

Kerala Civil Supplies Corporation Ltd.

(SUPPLYCO) has approached this Court seeking a

direction to the respondents to promote him as

Senior Assistant Grade-II and thereafter, as

Senior Assistant Grade-I, taking note of the

fact that he has completed his probation in

the post of Junior Assistant with effect from

24.04.2013.

2. The petitioner also challenges

Exts.P2 and P3, the decision of the SUPPLYCO,

that employees who have liability over

Rs.20,000/- will not be considered for

promotion; but concedes that this has been

relaxed through Ext.P3, whereby, the limit has

been enhanced to Rs.40,000/-. He says that

since his liability is, admittedly, below WPC 4668/21

Rs.40,000/-, said orders cannot apply to him;

and thus asserts that he is now imminently

eligible for being promoted, both as Senior

Assistant Grade-II and as Senior Assistant

Grade-I.

3. Sri.V.Vinay - learned counsel for the

petitioner, pointed out that at the time when

this Writ Petition was filed, his client's

probation had not been declared, but that

pending this lis on 27.02.2021, Ext.P14 has

been issued, declaring his probation in the

post of Junior Assistant with effect from

24.04.2013. He says that, therefore, his

client is entitled to be promoted as Senior

Assistant-Grade II immediately, since his

juniors have already been so promoted; and

that, going by Ext.P17 order of the

Government, fresh probation in the post of

Senior Assistant-Grade II is not necessary for WPC 4668/21

being promoted as Senior Assistant-Grade I. He

thus prays that his client be also granted

promotion to the said post and that this Writ

Petition be allowed.

4. In response, the learned Standing

Counsel for the SUPPLYCO - Smt.Molly Jacob,

submitted that the competent Authority is

willing to consider the petitioner's

promotion, both as Senior Assistant-Grade II

and Senior Assistant-Grade I; but prayed that

this Court may not make any affirmative

declarations in his favour and leave it to the

said Authority to take an appropriate decision

thereon. She submitted that as regards Ext.P17

is concerned, said order is subject to certain

conditions and that petitioner's request for

promotion to the post of Senior Assistant-

Grade I will also be considered in terms of

law, adverting to the said order, provided he WPC 4668/21

complies with all other necessary and

imperative qualifications. She, therefore,

prayed that this Writ Petition be disposed of

only on such terms.

5. When I consider the afore submissions,

I am persuaded to dispose of this Writ

Petition with certain peremptory directions,

since the petitioner says that he is retiring

on 24.04.2001. Since the petitioner has

concededly now completed probation on

24.04.2013 in the post of Junior Assistant,

there can be no doubt that he is entitled to

be considered for promotion to the post of

Senior Assistant-Grade II immediately, since

his juniors have already been granted such

benefit. As regards his subsequent promotion

to Senior Assistant-Grade I is concerned, it

is certainly enjoined on the 'SUPPLYCO' to

take a decision thereon, adverting to Ext.P17 WPC 4668/21

and if it is found that said order is

applicable to him, then grant him promotion to

the said post also before he retires.

In the afore circumstances, I order this

writ petition and direct the competent

Authority of 'SUPPLYCO' to immediately

consider the promotion of the petitioner to

the post of Senior Assistant-Grade II, taking

note of the fact that his probation has been

declared in the post of Junior Assistant with

effect from 24.04.2013 and that his juniors

have been given this benefit, which shall be

done as expeditiously as is possible, but not

later than 12.04.2021.

On the petitioner's promotion as afore

being so considered, the 'SUPPLYCO' will

thereupon immediately consider his further

promotion as Senior Assistant-Grade I,

adverting to Ext.P17 order and after affording WPC 4668/21

him an opportunity of being heard, which

exercise shall be completed not later than

20.04.2021.

Sd/-

                                        DEVAN RAMACHANDRAN
       RR                                     JUDGE
 WPC 4668/21



                            APPENDIX
       PETITIONER'S/S EXHIBITS:

       EXHIBIT P1        THE TRUE COPY OF THE RELEVANT PAGES

OF PROVISIONAL SENIORITY LIST OF JUNIOR ASSISTANT DATED 05.10.2010.

EXHIBIT P2 THE TRUE COPY OF THE DECISION OF THE 382RD MEETING OF THE 4TH RESPONDENT HELD ON 15.03.2012.

EXHIBIT P3 THE TRUE COPY OF THE DECISION OF THE 425TH MEETING OF BOARD OF DIRECTORATE HELD ON 14.05.2018.

EXHIBIT P4 THE TRUE COPY OF THE LIABILITY DETAILS OF EMPLOYEES UNDER THIRUVANANTHAPURAM DEPOT.

EXHIBIT P5 THE TRUE COPY OF THE PROCEEDINGS NO.

D10-21724/12(2) DATED 28.05.2018 OF AGM (P&A).

EXHIBIT P6 THE TRUE COPY OF THE PROCEEDINGS DATED 03.12.2020 OF THE 3RD RESPONDENT GRANTING PROMOTION AS S.A. II.

EXHIBIT P7 THE TRUE COPY OF THE PROCEEDINGS DATED 03.12.2020 OF THE 3RD RESPONDENT GRANTING PROMOTION AS S.A.-1.

EXHIBIT P8 THE TRUE COPY OF THE PROVISIONAL SENIORITY LIST OF SENIOR ASSISTANT II, DATED 9.11.2020.

EXHIBIT P9 THE TRUE COPY OF THE REPRESENTATION DATED 11.11.2020 SUBMITTED BEFORE THE ASSISTANT MANAGER, THIRUVANANTHAPURAM DEPOT.

WPC 4668/21

EXHIBIT P10 THE TRUE COPY OF THE REPRESENTATION DATED 31.12.2020 ADDRESSED TO THE 3RD RESPONDENT.

EXHIBIT P11 THE TRUE COPY OF THE ORDER DATED 22.12.2020 IN WPC NO. 289602020 OF THIS HONBLE COURT.

EXHIBIT P12 THE TRUE COPY OF THE PROCEEDINGS DATED 09.02.2021 ISSUED BY THE 3RD RESPONDENT GRANTING PROMOTION TO GOPAKUMAR K.

EXHIBIT P13 THE TRUE COPY OF THE REPRESENTATION DATED 25.01.2021 SUBMITTED BY THE PETITIONER.

EXHIBIT P14 THE TRUE COPY OF THE PROCEEDINGS DATED 27.02.2021 OF THE AGM( p&A)

EXHIBIT P14 THE TRUE COPY OF THE PROCEEDINGS DATED 27.02.2021 OF THE AGM( p&A)

EXHIBIT P15 THE TRUE COPY OF THE PROCEEDINGS DATED 18.03.2020 PROMOTING MR.GOPAKUMAR TO THE POST OF SENIOR ASSISTANT -II.

EXHIBIT P16 THE TRUE COPY OF THE JUDGMENT DATED 10.02.2021 IN CON.CASE(C) NO.232/2021 IN WP NO.28960/2020.

EXHIBIT P17 THE TRUE COPY OF THE ORDER DATED 02.11.2019 ISSUED BY THE 1ST RESPONDENT.