Abdul Rahman vs State Of Kerala
2022 Latest Caselaw 9625 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
                        WP(C) NO. 20060 OF 2021
PETITIONERS:

    1     ABDUL RAHMAN
          AGED 33 YEARS
          S/O AENY, RESIDING AT THEKKETHARA HOUSE, MANNAPRA (PO),
          PALAKKAD, WORKING AS UDC, FL-01-9025, ALATHUR SHOP,
          KSBC (M&AMPM) CORPORATION LTD ALATHUR PALAKKAD-678 541.
    2     BABU S.,
          AGED 33 YEARS
          S/O SUNDARAN, KOLUMBIL HOUSE, KUTHENOOR P.O.PALAKKAD-
          678 721, WORKING AS UDC, FL-01-9028 THENKURUSSI SHOP,
          KSBC (M&AMPM) CORPORATION LTD, THENKURUSSI, PALAKKAD-
          678 671.
          BY ADV R.LEELA


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY, DEPARTMENT OF TAXES,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
    2     KERALA STATE BEVERAGES (M&M) CORPORATION LTD,
          REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR, BEVOC
          TOWER, VIKASBHAVAN, PALAYAM, THIRUVANANTHAPURAM-695
          033.
    3     VINOD T.N,
          RATHNA VIHAR, CHALAVARA, CHALAVARA, PALAKKAD,
          CHALAVARA-679 505, WORKING AS AN ASSISTANT GRADE-11,
          EMPLOYEE CODE 52063, WORKING AT FL 01 9023.
          SREEKRISHNAPURAM SHOP, UNDER KSBC WAREHOUSE PALAKKAD.
    4     ANANTHANARAYANAN.K,
          KOYAKKOTTIL HOUSE, PERIMBADARI (PO), NAYADIKUNNU,
          MANNARKKAD, PALAKKAD-678 762 WORKING AS AN ASSISTANT
          GRADE-11, EMPLOYEE CODE 52150, WORKING AT FL 01 10006
          PERINTHALMANNA SHOP UNDER KSBC WAREHOUSE PERINTHALMANNA
    5     FIROS B,
          KATTUNGAL VELIYIL, THINDANKULANGARA WARD, AVALOOKUNNU
          (PO), ALAPPUZHA-688 006, WORKING AS AN ASSISTANT GRADE-
          11, EMPLOYEE CODE 52278, WORKING AT FL 01 4005 MUHAMMA
          SHOP UNDER KSBC WAREHOUSE ALAPPUZHA
    6     ADDL.R6: THE SECRETARY
          KKERALA PUBLIC SERVICE COMMISSION, THULAIS HILLS,
          PATTOM PALACE P.O., THIRUVANANTHAPURAM - 695004.
 WP(C).No.20060 OF 2021

                                 2

            ADDL. R6 IS IMPLEADED AS PER ORDER DATED 28.10.2021
            IN IA NO.1/2021 IN WPC NO. 20060/2021.
            BY ADVS.
            SRI.NAVEEN.T., SC, KERALA STATE BEV.CO. M. AND M.
            P.N.SANTHOSH
            K.P.GEETHA MANI
            SUDHA N.K.

            BY SRI.SUNIL KURIAKOSE-GP



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.20060 OF 2021

                                           3




                               JUDGMENT

Dated this the 25th day of August, 2022

This writ petition is filed seeking consideration

of Exhibits P9 and P10 representations submitted by the

petitioners.

2. Detailed counter affidavits have been placed

on record by the 2nd respondent as well as the contesting

party respondents.

3. The learned counsel appearing for respondents

3 to 5 submits that the petitioners as well as the party

respondents have been further promoted to the post of

Assistant in the 2nd respondent Corporation in

accordance with the revised staff pattern.

4. It is submitted by the learned counsel for the

petitioners that since all the parties now stand

promoted, the petitioners' rights to agitate their WP(C).No.20060 OF 2021

contentions with regard to seniority in the higher posts

may be left open. Leaving open the contentions with

regard to the seniority in the higher posts, the writ

petition is closed as infructuous.

Sd/-

ANU SIVARAMAN JUDGE SSK/24/08 WP(C).No.20060 OF 2021

APPENDIX PETITIONER EXHIBITS Exhibit P1 THE TRUE TYPED COPY OF THE GO(MS) NO 8/07/TD DATED 12.1.2007 AND THE RELEVANT PORTION OF THE SERVICE RULES Exhibit P2 THE TRUE COPY OF THE RELEVANT PAGES OF THE PROVISIONAL SENIORITY LIST OF LD CLERK IN THE STATE OF KERALA UNDER THE 2ND RESPONDENT CORPORATION WAS PUBLISHED ON 9.12.2015 VIDE ORDER NO AE 11/1225/KSBC/20 Exhibit P3 THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO 22907 OF 2015 DATED 14.10.2015 Exhibit P4 THE TRUE COPY OF THE REPRESENTATION DATED 20.1.2018 SUBMITTED BY THE 1ST PETITIONER Exhibit P5 THE TRUE COPY OF THE GO(MS) NO 13/2021/TD DATED 12.2.2021 Exhibit P6 THE TRUE COPY OF THE JUDGMENT IN WPC NO 6885 OF 2021 DATED 19.3.2021 Exhibit P7 THE TRUE COPY OF THE GAZETTE NOTIFICATION FOR CATEGORY NO 251/2021 DATED 2.8.2021 Exhibit P8 THE TRUE COPY OF THE CIRCULAR NO KSBC/CMD/C-11 STAFFPATTERN/2021 DATED 27.8.2021 ISSUED BY THE 2ND RESPONDENT Exhibit P9 THE TRUE COPY OF THE REPRESENTATION DATED 10.9.2021 PREFERRED BY THE 1ST PETITIONER Exhibit P10 THE TRUE COPY OF THE REPRESENTATION DATED 10.9.2021 PREFERRED BY THE 2ND PETITIONER Exhibit P11 THE TRUE COPY OF THE ORDER NO.20/2022/TAXES DATED 06/04/2022 RESPONDENT EXHIBITS Exhibit R2(A) TRUE COPY OF THE RELEVANT PAGES OF THE RECRUITMENT RULES AS APPROVED VIDE G.O. (MS) NO. 8/07/TD DATED 12.1.2007. Exhibit R2(B) TRUE COPY OF THE PROFORMA ALONG WITH THE LETTER NO. 17448/AE15/17/KSBC DATED 15.9.2020 SENT BY THE CORPORATION TO THE PSC.

Exhibit R2(C) TRUE COPY OF THE PROFORMA ALONG WITH THE LETTER NO. 17448/AE15/17/KSBC DATED 4.1.2021 SENT BY THE CORPORATION TO THE PSC.