Kerala High Court
O.O.George vs Kerala Civil Supplies ... on 30 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
WP(C) NO. 9075 OF 2020
PETITIONER:
O.O.GEORGE
AGED 56 YEARS
S/O. OUSEPH, ASSISTANT SALESMAN (DRIVER), MAVELI STORE,
CHERAI-683 514 RESIDING AT OTTARACKAL, PARAVATHURUTHU,
PARAVUR-683 513.
BY ADVS.
P.NANDAKUMAR
SRI.S.ANEESH
RESPONDENTS:
1 KERALA CIVIL SUPPLIES CORPORATION
REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR,
MAVELI BHAVAN, GANDHI NAGAR, MAVELI ROAD, KADAVANTHRA,
ERNAKULAM-682 020.
2 ADDITIONAL GENERAL MANAGER (P AND A)
KERALA CIVIL SUPPLIES CORPORATION, MAVELI BHAVAN,
GANDHI NAGAR, MAVELI ROAD, KADAVANTHRA, ERNAKULAM-682
020.
BY ADV SRI.R.LAKSHMI NARAYAN, SC, SUPPLYCO.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.9075/2020 2
JUDGMENT
The petitioner approached this Court contending that, he was
entitled for promotion at least prior to his immediate junior Sri.Vikraman V., who
was senior grade driver and was promoted with effect from 31/3/2010. The
second respondent issued Ext.P10 order rejecting the petitioner's request on
the ground that he was working as Assistant Salesman. Petitioner challenged
Ext.P10 before this court by filing W.P.(C) No.28432/2017. By Ext.P11
judgment, this court, after a detailed evaluation of both claims, found that
petitioner's claim which was for promotion with effect from 31/3/2010 when he
was retired from service as driver, have been taken into consideration by the
authority. In Ext.P11 judgment, the court noted that petitioner's claim was
rejected on a premise that, he has been working as office assistant since
6/7/2011 onwards on the basis of his request under Ext.R1(1). The request
was to allow him to work as Assistant Salesman. The court also noticed that
even the petitioner was entitled to all the benefits which were available to a
driver at least till his posting as Assistant Salesman on 21/7/2011. Ultimately,
the court concluded that on the basis of posting as Assistant Salesman after
a period of more than 20 months thereafter, he cannot be denied such
benefits, which were available, for the period during which he actually worked
as Driver Grade-I. The court below, by the operative portion of the judgment
held as follows:
" Accordingly, Ext.P10 order is set aside. The writ petition is
allowed, directing the respondents to grant promotion to the petitioner
as Senior Grade Driver with effect from 31/3/2010 and to grant him all
consequential benefits after re-fixing his pay within a period of 'three
months' from the date of receipt of a copy of the judgment. "
2. Pursuant to this, Ext.P12 order dated 23/3/2018 was passed by the
Chairman and the Managing Director. After a detailed reference to the
judgment of this Court, the authority correctly found that the court directed that
the petitioner was entitled to a senior grade-I with effect from 31/3/2010.
Thereafter, by the operative portion of the order, it was held that, considering
his request for permitting him to continue as an Assistant Salesman and taking
note of the fact that he was working as an Assistant Salesman, lenient view
was taken and accordingly, on 22/7/2011, he was appointed as Assistant
Salesman. In fact, he had retired on 31/1/2018. The authority thereafter
proceeded to held that, he is entitled to the salary of the Assistant Salesman
post from 22/7/2011. Clearly, this was not in compliance of Ext.P11 direction
and contrary to the spirit of the order. The specific finding of this court was that
he was eligible for promotion as senior grade-I driver with effect from
31/3/2010 and to grant of consequential benefits. By no stretch of imagination,
the arguments advanced by the learned counsel for the respondents cannot
sustain Ext.P12 order, cannot be accepted. The above order is liable to be set
aside.
3. The authority is directed to set aside Ext.P12 order to the extent of
appointing the petitioner into the Assistant Salesman post with effect from
22/7/2011. That portion of the order stands quashed.
4. In the light of the above, this Court held that the petitioner will be
entitled to the benefits of senior grade driver-I with effect from 31/3/2010 .
Accordingly, the petitioner shall be entitled for all consequential benefits. The
entire amount due to him shall be computed and released to him within a period
of three months from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
Sd/-
SUNIL THOMAS
Judge
dpk
APPENDIX OF WP(C) 9075/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF G.O DATED 27.1.2011.
EXHIBIT P2 TRUE COPY OF FINAL SENIORITY LIST OF
DRIVERS DATED 12.5.2011
EXHIBIT P3 TRUE COPY OF ORDER DATED 13.5.2011.
EXHIBIT P4 TRUE COPY OF ORDER DATED 4.6.2011.
EXHIBIT P5 TRUE COPY OF ORDER DATED 14.10.2011.
EXHIBIT P6 TRUE COPY OF PROCEEDINGS DATED 8.6.2011.
EXHIBIT P7 TRUE COPY OF ORDER DATED 4.5.2015.
EXHIBIT P8 TRUE COPY OF REPRESENTATION SUBMITTED BY
THE PETITIONER BEFORE THE IST RESPONDENT
DATED 3.8.2015.
EXHIBIT P9 TRUE COPY OF JUDGMENT DATED 12.4.2017 IN
WPC NO.13581 OF 2017.
EXHIBIT P10 TRUE COPY OF ORDER DATED 9.6.2017 ISSUED BY
THE 2ND RESPONDENT.
EXHIBIT P11 TRUE COPY OF JUDGMENT DATED 28.12.2017 IN
WPC NO.28432 OF 2017.
EXHIBIT P12 TRUE COPY OF ORDER DATED 23.3.2018 ISSUED
BY THE IST RESPONDENT.
RESPONDENTS EXHIBITS:
ANNEXURE R1 (1): COPY OF LETTER DATED
22/7/2011 SUBMITTED BY THE PETITIONER.
ANNEXURE R1 (2): COPY OF THE PROCEEDINGS
DATED 8/6/2011 OF MANAGING DIRECTOR IN
CHARGE.
