Citation : 2022 Latest Caselaw 4284 Ker
Judgement Date : 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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