Kaveri Pushpangadan vs Coir Board
2022 Latest Caselaw 12477 Ker

WP(C) No.42382/2022                        1/3

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                      THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
             Friday, the 23rd day of December 2022 / 2nd Pousha, 1944
                           WP(C) NO. 42382 OF 2022 (W)
   PETITIONER:

          KAVERI PUSHPANGADAN, NIKARTHIL, SOUTH ARYAD,AVALOOKKUNNU P.O.,
          ALAPPUZHA 688 006.

   RESPONDENTS:

      1. COIR BOARD, COIR HOUSE, M.G.ROAD, KOCHI - 682 016, REPRESENTED BY
         ITS CHAIRMAN.
      2. KERALA STATE CO-OPERATIVE COIR MARKETING FEDERATION LTD. (COIRFED),
         P.B. NO.4616, ALAPPUZHA 688 012. REPRESENTED BY THE MANAGING
         DIRECTOR - IN - CHARGE.
      3. PUBLIC SECTOR RE-STRUCTURING & INTERNAL AUDIT BOARD (RIAB),
         DEPARTMENT OF INDUSTRIES & COMMERCE, USRA- 54, UDARA SIROMANI ROAD,
         VELLAYAMBALAM, SASTHAMANGALAM P.O., THIRUVANANTHAPURAM 695 010.
         REPRESENTED BY ITS CHAIRMAN.
      4. THE STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO
         GOVERNMENT, INDUSTRIES (E) DEPARTMENT, GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM 695 001.


        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 all further proceedings in pursuance of Ext.P7
   Notification, pending disposal of the Writ Petition.


        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   M/S.N.RAGHURAJ, SAYUJYA & VIVEK MENON, Advocates for the petitioner,
   DEPUTY SOLICITOR GENERAL OF INDIA for R1, STANDING COUNSEL for R2 and of
   GOVERNMENT PLEADER for R3 & R4, the court passed the following:
 WP(C) No.42382/2022                           2/3



                                          ORDER

Learned Deputy Solicitor General of India for R1, Standing Counsel for R2 and Government Pleader R3 & R4 will obtain instructions.

I find some force in the submissions of Sri.N.Reghuraj - learned counsel for the petitioner, that since the Government of Kerala was a party to Ext.P5 judgment, they could not have issued Ext.P6 cancelling the appointment earlier offered to his client. This is particularly because this court has granted two weeks time to R1 to consider the grant of NOC to the petitioner for her to enter on deputation and that period has not yet been over.

Resultantly, I order that no appointment be made pursuant to Ext.P6 until such time as the time frame in Ext.P5 expires.

Post on 9/1/23.

          23.12.2022


                                                Sd/- DEVAN RAMACHANDRAN, JUDGE




23-12-2022                      /True Copy/                           Assistant Registrar
 WP(C) No.42382/2022                 3/3

                       APPENDIX OF WP(C) 42382/2022
Exhibit P5            TRUE PHOTOCOPY OF THE JUDGMENT DATED 14.12.2022 IN
                      WP(C)NO.30773 OF 2022.

Exhibit P6            TRUE PHOTOCOPY OF THE CIRCULAR DATED 02.12.2022.

Exhibit P7            TRUE PHOTOCOPY OF THE NOTIFICATION BEARING NO.RIAB-

ADMN./1-1456/2022/D-675 DATED 02.12.2022.