Vijayan.C vs State Of Kerala
2021 Latest Caselaw 21733 Ker

W.P(C).23901/2021
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                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                    THE HONOURABLE MR. JUSTICE SUNIL THOMAS
   TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
                              WP(C) NO. 23901 OF 2021
PETITIONER/S:

                  VIJAYAN.C., AGED 54 YEARS, S/O.CHAMAI, PALMGUR
                  INSTRUCTOR, KHADI VILLAGE INDUSTRIES OFFICE,
                  PALAKKAD-678 546, RESIDING AT KARTHIKA, KARINJALI,
                  ERIMAYUR, PALAKKAD-678 546.

                  BY ADV U.BALAGANGADHARAN


RESPONDENT/S:

       1          STATE OF KERALA,
                  REPRESENTED BY THE SECRETARY, DEPARTMENT OF
                  INDUSTRIES, THIRUVANANTHAPURAM-695 001.

       2          KERALA KHADI VILLAGE INDUSTRIES BOARD,
                  VANCHIYOOR, THIRUVANANTHAPURAM-695 035, REPRESENTED
                  BY ITS SECRETARY.

       3          THE SECRETARY, KERALA KHADI AND VILLAGE INDUSTRIES
                  BOARD,
                  VANCHIYOOR, THIRUVANANTHAPURAM-695 035.

       4          SHRI.JOHN XAVIER,
                  PALMGUR INSTRUCTOR, KHADI AND VILLAGE INDUSTRIES,
                  DISTRICT OFFICE, THIRUVANANTHAPURAM-695 035.


OTHER PRESENT:

                  SC,SRI.N.RAJAGOPALAN NAIR,

                  GP V.VENUGOPAL


THIS       WRIT    PETITION   (CIVIL)    HAVING   COME   UP   FOR   ADMISSION   ON
02.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).23901/2021
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                               JUDGMENT

Petitioner, lamenting that, he has been working in the entry cadre

from the date of commencement of his career in 1998, even now, towards

the fag end of his career, has submitted Ext.P4 representation before the

third respondent. The only prayer sought in the WP(C) is to promote him to

the post of Palmgur Instructor. He is retiring in 2023, it is submitted.

2. Learned counsel for the petitioner submitted that the petitioner

has already attained the salary scale payable to the Palmgur Instructor and

even, if he is promoted to that post, in accordance with the Rules, still, it

will not impose any financial burden on the respondents.

3. After hearing the learned counsel for the petitioner and learned

Standing Counsel for the Kerala Kadhi and Village Industries Board,

Adv.N.Rajagopalan Nair, I am inclined to dispose of the Writ Petition itself

with a direction that the third respondent shall place Ext.P4 representation

before the second respondent for its consideration in its next meeting,

which shall pass appropriate order as expeditiously as possible, at any

rate, within a period of three months from the date of receipt of a copy of

this judgment.

Writ Petition is disposed of as above.

Sd/-

SUNIL THOMAS JUDGE Sbna/ W.P(C).23901/2021

APPENDIX OF WP(C) 23901/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE AMENDED RULES AS INTIMATED TO THE UNION BY THE SECRETARY OF THE BOARD DATED 18.07.2013 (RELEVANT PAGES ONLY).

Exhibit P2 A TRUE COPY OF THE REPRESENTATION OF THE PETITIONER DATED 16.10.2006 SUBMITTED TO THIRD RESPONDENT.

Exhibit P3 A TRUE COPY OF COVERING LETTER DATED 19.10.2006 OF THE DISTRICT KHADI AND VILLAGE INDUSTRIES OFFICER TO THE 3RD RESPONDENT.

Exhibit P4 A TRUE COPY OF THE REPRESENTATION OF THE PETITIONER DATED 15.04.2021 OF THE PETITIONER TO THE 3RD RESPONDENT.