Vishnu Soorya S.S vs Kerala State Beverages ...
2022 Latest Caselaw 7938 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
                        WP(C) NO. 18314 OF 2022
PETITIONER:

          VISHNU SOORYA S.S.(ID NO. 52410)
          AGED 32 YEARS
          S/O SUJATHAN K., ASSISTANT GR-II, REGIONAL OFFICE,
          KERALA STATE BEVERAGES (MANUFACTURING & MARKETING),
          CORPORATION LTD., THRIPUNITHURA, ERNAKULAM, PIN: 682038
          BY ADVS.
          P.N.SANTHOSH
          K.P.GEETHA MANI
          SUDHA N.K.
          SREEJA JAYACHANDRAN
RESPONDENTS:

    1     KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING)
          CORPORATION LTD., REPRESENTED BY ITS CHAIRMAN &
          MANAGING DIRECTOR, BEVCO TOWER, VIKAS BHAVAN P.O.,
          THIRUVANANTHAPURAM, PIN: 695033.
    2     MANAGING DIRECTOR
          KERALA STATE BEVERAGES (MANUFACTURING & MARKETING),
          CORPORATION LTD., BEVCO TOWER, VIKAS BHAVAN P.O.,
          THIRUVANANTHAPURAM, PIN: 695033.
    3     THE GENERAL MANAGER (ADMINISTRATION),
          KERALA STATE BEVERAGES (MANUFACTURING & MARKETING)
          CORPORATION LTD., BEVCO TOWER, VIKAS BHAVAN P.O.,
          THIRUVANANTHAPURAM, PIN: 695033.
          SRI.T.NAVEEN, SC
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18314 OF 2022

                                      2


                                JUDGMENT

Dated this the 29th day of June, 2022 This writ petition is filed seeking directions to the respondents to

promote the petitioner to the post of Senior Assistant in one of the

vacancies which arose on 01.04.2022. It is submitted by the learned

counsel for the petitioner that the reason for not promoting the petitioner

in one of the vacancies was on account of Ext.P6 interim order of stay of

implementation of the orders of promotion. It is submitted that W.P.(C).

No.4707/2022, in which Ext.P6 order was passed, also stands dismissed.

In the above view of the matter, it is stated that there is no longer any

impediment to the promotions of the petitioner by Exts.P4 and P5

proceedings.

2. Having heard the learned standing counsel also, there will be a

direction to the respondents that the promotions shall be effected in

accordance with law.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 18314 OF 2022

APPENDIX OF WP(C) 18314/2022

PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE PROCEEDINGS OF THE MANAGING DIRECTOR, ORDER NO.9181/AE11/2014 /KSBC DATED 11.5.2017 PROMOTING THE PETITIONER TO THE POST OF ASSISTANT GRADE II (ALONG WITH 8 OTHERS).

Exhibit P2 A TRUE COPY OF THE INTERNAL MEMO NO.8722/AE11 /2020/KSBC DATED 1.2.2022 ALONG WITH RELEVANT PAGES OF THE SENIORITY LIST OF ASSISTANT GRADE II IN KERALA STATE BEVERAGES CORPORATION.

Exhibit P3 A TRUE COPY OF THE PROCEEDINGS OF THE CHAIRMAN AND THE MANAGING DIRECTOR BY ORDER NO.8949/AE10/2021/ KSBC DATED 7.2.2022 PROMOTING 9 SENIOR MOST ASSISTANT GRADE II TO THE POST OF SENIOR ASSISTANT.

Exhibit P4 A TRUE COPY OF THE PROCEEDINGS OF THE CHAIRMAN AND MANAGING DIRECTOR BY ORDER NO.12060/AE10/2016/ KSBC DATED 30.3.2022 PROMOTING 10 SENIOR MOST SENIOR ASSISTANTS TO THE CADRE OF ASSISTANT MANAGERS/ACCOUNTANTS. Exhibit P5 A TRUE COPY OF THE PROCEEDINGS OF THE CHAIRMAN AND MANAGING DIRECTOR BY ORDER NO.12060/AE10/2016/KSBC DATED 31.3.2022 PROMOTING 36 SENIOR MOST SENIOR ASSISTANTS TO THE CADRE OF ASSISTANT MANAGERS/ACCOUNTANTS. Exhibit P6 A TRUE COPY OF THE INTERIM ORDER DATED 4.4.2022 IN WPC NO.4707/2022 OF THIS HONOURABLE COURT.

Exhibit P7 A TRUE COPY OF THE REPRESENTATION DATED 02-

06-2022 SUBMITTED BY SHRI.AJITH RAJU R.V., SERIAL NO. 14 IN EXHIBIT P-2 SENIORITY LIST. RESPONDENTS' EXHIBITS: NIL