Rajesh. R vs Government Of India
2023 Latest Caselaw 8286 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
                   WP(C) NO. 24942 OF 2023
PETITIONER:

           RAJESH. R
           AGED 42 YEARS
           S/O OF RAMESAN, THANDEKKATTU COLONY, NO.12,
           KUREEPUZHA P.O, PERINAD, KOLLAM, PIN - 691604
           BY ADVS.
           G.RAJAN POTAYIL
           YAMUNA RANI V.G.
           SUJA PADNABAN PILLAI
           URMILA.M.G
           GOPIKRISHNA S.


RESPONDENTS:

    1      GOVERNMENT OF INDIA
           MINISTRY OF SOCIAL JUSTICE & EMPOWERMENT,
           CENTRAL SECRETARIAT, NEW DELHI, PIN - 110001
    2      STATE OF KERALA
           REPRESENTED BY CHIEF SECRETARY, GOVERNMENT
           SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
    3      KERALA STATE ELECTRICITY BOARD
           REPRESENTED BY ITS CHAIRMAN VAIDYUTHI BHAVAN,
           PATTOM P.O, THIRUVANANTHAPURAM, PIN - 695004
    4      KERALA PUBLIC SERVICE COMMISSION
           REPRESENTED BY ITS SECRETARY, PATTOM P.O,
           THIRUVANANTHAPURAM, PIN - 695004
    5      SCHEDULE CASTE/SCHEDULE TRIBE COMMISSION
           REPRESENTED BY ITS AUTHORIZED OFFICER,
           VELLAYMABLAM, THIRUVANANTHAPURAM, PIN - 695033


           SRI.K.S.ANIL[SC]
 WPC 24942/2023
                                    ..2..



THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.08.2023,      THE   COURT   ON    THE    SAME   DAY   DELIVERED   THE
FOLLOWING:
 WPC 24942/2023
                                   ..3..




                           JUDGMENT

Smt.Suja Padnaban Pillai - learned counsel for the

petitioner, impels a specific claim that prescription of height,

which has been inflexibly mandated against her client, thus

denying him appointment to the post of Electricity Worker

(Mazdoor) in the services of Kerala State Electricity Board

(KSEB), is illegal and unlawful because he belongs to SC/ST

community, thus being entitled to relaxation. She, however,

affirms that her client has preferred Ext.P9 representation

before the Chief Secretary to Government of Kerala; and

alternatively prayed that same be directed to be taken up and

disposed of without any further delay.

2. Smt.K.G.Sarojini - learned Government Pleader

submitted that if the petitioner only requires Ext.P9

representation to be taken up and disposed of, there does not

appear to be any legal impediment in doing so; but prayed that

this Court may not make any affirmative declarations as to his

entitlement to any releif and leave it to the said authority to

take a decision on it in terms of law. WPC 24942/2023 ..4..

3. Sri.K.S.Anil - learned Standing Counsel for the KSEB,

submitted that the decision as regards the petitioner's claim

will have to be taken by the Government because, his client

has not made the stipulations as regards the qualifications.

Taking note of the afore submissions, I allow this writ

petition and direct the competent Authority of the Government

of Kerala to take up Ext.P9 representation of the petitioner and

dispose of the same, after affording him, as also the Authorised

Official of the KSEB, an opportunity of being heard; thus

culminating in an appropriate order and necessary action

thereon, as expeditiously as is possible, but not later than two

months from the date of receipt of a copy of this judgment.

Sd/-

DEVAN RAMACHANDRAN, JUDGE

ACR WPC 24942/2023 ..5..

APPENDIX OF WP(C) 24942/2023

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF NOTIFICATION DATED 31.03.2011 VIDE CATEGORY NO. 11/2011 ISSUED BY THE 4TH RESPONDENT.

Exhibit P2 THE TRUE COPY OF CALL LETTER DATED 24.04.2013 ISSUED BY PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, THRISSUR Exhibit P3 THE TRUE COPY OF PHYSICAL FITNESS CERTIFICATE DATED NIL ISSUED BY CIVIL SURGEON, CMC, THRIKKADAVOOR, KOLLAM Exhibit P4 THE TRUE COPY OF COMMUNITY CERTIFICATE DATED 01/11/2020 ISSUED BY TAHSILDAR, KOLLAM TALUK Exhibit P5 THE TRUE COPY OF REPRESENTATION DATED 20.08.2013 ADDRESSED TO THE 4TH RESPONDENT FOR RELAXATION OF PHYSICAL MEASURMENT OF HEIGHT Exhibit P6 THE TRUE COPY OF THE LETTER DATED 07.10.2016 ISSUED BY THE 2ND RESPONDENT Exhibit P7 THE TRUE COPY OF THE LETTER DATED 02.11.2016 ISSUED BY THE 4TH RESPONDENT Exhibit P8 THE TRUE COPY OF THE ORDER DATED 23.11.2020 ISSUED BY THE STATE COMMISSION FOR SC/ST Exhibit P9 TRUE COPY OF REPRESENTATION SUBMITTED TO THE 2ND RESPONDENT DATED 15.01.2023.