Kerala High Court
Prasheela A. P vs Plantation Corporation Of Kerala ... on 20 May, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 20TH DAY OF MAY 2021 / 30TH VAISAKHA, 1943
WP(C) NO. 11139 OF 2021
PETITIONER
PRASHEELA A. P., AGED 43 YEARS,
W/O. M. K. RATHEESH, LAB TECHNICIAN CUM JUNIOR ASSISTANT,
1. KALADY GROUP HOSPITAL, ATHIRAPPILLY ESTATE,
RESIDING AT MANAYATHARA HOUSE, VADASSERY PARAMBU,
NETTOOR P. O., ERNAKULAM, PIN - 682040.
BY ADVS SHIBI.K.P.
SRI.C.K.SUNIL
SMT.JAYANTHY T.T
SRI.PRADEEP T.C
SMT.MANJU KRISHNAN
RESPONDENTS:
PLANTATION CORPORATION OF KERALA LTD.
1. KOTTAYAM, REPRESENTED BY ITS MANAGING DIRECTOR,
KANJIKUZHI, KOTTAYAM, KERALA, PINCODE - 686 002.
MANAGING DIRECTOR, PLANTATION CORPORATION OF KERALA LTD.,
2.
KANJIKUZHI, KOTTAYAM, KERALA, PINCODE - 686 002.
THE CHAIRMAN, PLANTATION CORPORATION OF KERALA LTD.,
3.
KANJIKUZHI, KOTTAYAM, KERALA, PINCODE - 686 002.
THE MEDICAL OFFICER, KALADY GROUP HOSPITAL,
4. ATHIRAPPILLY ESTATE, PINCODE - 683 587,
PLANTATION CORPORATION OF KERALA LTD.
THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
5. GOVERNMENT, AGRICULTURAL (PU) DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
OTHER PRESENT:
W.P.(C).No.11139 of 2021
2
SRI.N.RAJESH,SC,
SRGP.SRI.K.P.HARISH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
20.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.11139 of 2021
3
P.V.ASHA J.
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W.P.(C).No.11139 of 2021
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Dated this the 20th day of May, 2021
J U D G M E N T
Petitioner is aggrieved by the non inclusion of her name
among the candidates eligible for promotion to the post of
First Assistant. Petitioner's case is that she joined as Lab
Technician cum Junior Assistant through Public Service
Commission on 03.01.2018. But while her name is not included
in the list of persons eligible for promotion, several Junior
Assistants who were appointed subsequent to her have been
included.
2. It is also pointed out that promotions have been made
subsequent to the filing of the writ petition. Petitioner has
already submitted Ext.P5 representation before the second
respondent, which is yet to be considered by the respondents.
3. I heard the learned counsel for the petitioner,
learned Standing Counsel for the first respondent and the
learned Government Pleader.
W.P.(C).No.11139 of 2021
4. Shri N. Rajesh, learned counsel for the respondents
points out that Ext.P5 representation is addressed to the
Chairman who is the 3rd respondent and authority competent to
consider the representation would be second respondent. It is
also submitted that representation would be considered in
accordance with law.
The writ petition is therefore disposed of directing the
second respondent to consider and pass orders on Ext.P5
representation in accordance with rules, after affording an
opportunity of hearing to the petitioner, within a period of
two months from the date of receipt of a copy of the judgment.
It is made clear that hearing can be held through electronic
mode.
Sd/-
P.V.ASHA, JUDGE
AS
W.P.(C).No.11139 of 2021
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 - THE TRUE COPY OF THE BOARD NOTE AND LIST OF ELIGIBLE
CANDIDATES LISTED FOR PROMOTION DATED 08.04.2021.
EXHIBIT P2 - THE TRUE COPY OF THE FINAL LIST OF JUNIOR ASSISTANTS
ELIGIBLE FOR PROMOTION.
EXHIBIT P3 - THE TRUE COPY OF THE JOINING REPORT OF A. K.
YELDHOSE, LAB TECH-CUM SENIOR ASSISTANT DATED 15.07.2000 IN THE
1ST RESPONDENT CORPORATION HOSPITAL.
EXHIBIT P4 - THE TRUE COPY OF RELIEVING ORDER OF A. K. YELDHOSE AS
ADMINISTRATIVE OFFICER DATED 12.04.2008 FROM THE 1ST RESPONDENT
CORPORATION HOSPITAL.
EXHIBIT P5 - THE TRUE COPY OF THE REPRESENTATION DATED 23.04.2021
SUBMITTED TO THE 3RD RESPONDENT THROUGH 4TH RESPONDENT.
EXHIBIT P6 - THE TRUE COPY OF THE REGISTERED POSTAL RECEIPT NO.EL
434722955IN DATED 26.04.2021 SENT TO THE 2ND RESPONDENT.
