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Riju H.S vs State Of Kerala
2022 Latest Caselaw 4284 Ker

Citation : 2022 Latest Caselaw 4284 Ker
Judgement Date : 7 April, 2022

Kerala High Court
Riju H.S vs State Of Kerala on 7 April, 2022
                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
               THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
          Thursday, the 7th day of April 2022 / 17th Chaithra, 1944
                         WP(C) NO. 12422 OF 2020(C)
PETITIONERS:

  1. RIJU H.S. ,AGED 38 YEARS, RESIDING AT REJI NIVAS, CHENKAL
     P.O.-695132., NOW WORKING AS GUEST ROOM KEEPER, KERALA STATE CO-
     OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK,
     THIRUVANANTHAPURAM-695001
  2. D.SURESH KUMAR, AGED 43 YEARS, RESIDING AT ANANDA SREE, IP 11/1128,
     NEMOM P.O., THIRUVANANTHAPURAM-695020, NOW WORKING AS GUEST ROOM
     KEEPER, KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT
     BANK, THIRUVANANTHAPURAM-695001

RESPONDENTS:

  1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, CO-
     OPERATION DEPARTMENT, GOVERNMENT SECRETARIATE,
     THIRUVANNATHAPURAM-695001
  2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR OF
     CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM-695001
  3. THE KERALA STATE CO-OPERATIVE AGRICULTURAL RURAL DEVELOPMENT BANK,
     REPRESENTED BY ITS MANAGING DIRECTOR, LAND BANK BUILDING, STATUE,
     THIRUVANANTHAPURAM-695001
  4. PRADEEP KUMAR.B., AGED 52 , S/O. V.BHASKARAN, RESIDING AT MAVELI
     PUTHEN PARAMBIL, CHERUKARAKUNNU, CHANGANSSERI P.O.-686101


     Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the operation of Ext.P6 orders dt.12.06.2020 and direct
the Third Respondent not to appoint the Fourth Respondent as Guest Room
Keeper pursuant to Ext.P4 to P6 orders pending disposal of the Writ
Petition in the interest of justice.

     This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this court's order dated
08-02-2022 upon hearing the arguments of M/S.M.RAJENDRAN NAIR & M.SANTHY,
Advocates for the petitioners, and of GOVERNMENT PLEADER for R1 & R2,
M/S.NISHA GEORGE, STANDING COUNSEL for R3 and of SRI.LIJI.J.VADAKEDOM,
Advocate for R4, the court passed the following:
     EXHIBIT P3-TRUE COPY OF THE JUDGEMENT IN WP(C)33393/2016
DT.24/06/2019,HIGH COURT OF KERALA

     EXHIBIT P4-TRUE COPY OF ORDER OF FIRST RESPONDENTNO.CO-OP
B1/258/2016 CO-OP DT.14/02/2020

    EXHIBIT P5-TRUE COPY OF THE ORDER OF SECOND RESPONDENT
CLT(3)77274/2018 DT.26/02/2020

     EXHIBIT P6-THE TRUE COPY OF THE ORDER OF THE SECOND RESPONDENT TO
THE GENERAL MANAGER    CLT(3)77274/2018 DT.12/06/2020
                        RAJA VIJAYARAGHAVAN V, J.
                      -------------------------------------
                       W.P.(C) No.12422 of 2020
                     -------------------------------------------
                    Dated this the 7th day of April, 2022


                                     ORDER

I have heard Sri. M.Rajendran Nair, the learned counsel appearing for the

petitioners, Sri. M.A Asif, the learned counsel for the 3rd respondent and Sri.Liji

J. Vadakedam, the counsel appearing for the 4th respondent.

2. By order dated 23.6.2020, this Court had stayed the operation of

Ext.P6 and directions were issued to the 3rd respondent not to appoint the 4th

respondent as guest room keeper pursuant to Exts.P4 to P6 orders.

3. From the materials placed before this Court, it appears that the

petitioners herein are working as Guest Room Keepers on daily wages in the

vacancies that were anticipated as and when the government grants exemption

for the promotion of the Guest Room Keepers as Peons. The Government has

rejected such promotions. Though a learned Single Judge of this court in Ext.P3

judgment had directed the regulation of the service of the petitioners, the said

judgment was interfered with by the Division Bench by the judgment dated

24.3.2021 in W.A.No.315/2020.

W.P.(C) No.12422 of 2020

In that view of the matter, I do not find any reason to extend the interim

order dated 23.6.2020 passed by this Court.

Post this matter for hearing.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE

IAP

07-04-2022 /True Copy/ Assistant Registrar

 
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