Sunilkumar S vs 1. The Managing Director
2023 Latest Caselaw 8432 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     MONDAY, THE 7TH DAY OF AUGUST 2023 / 16TH SRAVANA, 1945
                      WP(C) NO. 25167 OF 2023
PETITIONER:

             SUNILKUMAR S.,
             EMPLOYEE NO.112424,
             SECURITY GUARD GRADE-II,
             TITANIUM DIOXIDE PIGMENT UNIT,
             THE KERALA MINERALS AND METALS LIMITED,
             SANKARAMANGALAM, CHAVARA, KOLLAM - 691583
             BY ADV.
             SRI.S.VISHNU

RESPONDENTS:

      1      THE MANAGING DIRECTOR
             THE KERALA MINERALS AND METALS LIMITED,
             SANKARAMANGALAM, CHAVARA, KOLLAM - 691583
      2      THE KERALA MINERALS AND METALS LIMITED
             REPRESENTED BY ITS MANAGING DIRECTOR,
             SANKARAMANGALAM, CHAVARA, KOLLAM - 691583
      3      THE GENERAL MANAGER
             TITANIUM DIOXIDE PIGMENT UNIT,
             THE KERALA MINERALS AND METALS LIMITED,
             SANKARAMANGALAM, CHAVARA, KOLLAM - 691583
             BY ADV.
             SMT.LATHA ANAND [SC]



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   07.08.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C).No. 25167 of 2023
                                :2:




                   DEVAN RAMACHANDRAN, J.
                =========================
                    W.P.(C).No. 25167 of 2023
               ==========================
               Dated this the 7th day of August, 2023

                            JUDGMENT

The petitioner assails his non-inclusion in Ext.P2, thus

denying him promotion. He says that his legitimate right of

being promoted has been denied solely because of certain

alleged "Appraisal Marks" entered against him in the year 2020,

which remains uncommunicated, and that this is evident from

Ext.P6. He thus challenges the same, as being untenable and

illegal.

2. Even when I hear Sri.S.Vishnu - learned counsel for the

petitioner, on the afore lines, it is expressly admitted that his

client has already preferred Ext.P4 representation before the 1 st

respondent, staking his claim. I see no reason why his

representation should not be ordered to be considered, and this

is more so because, at the first instance, this Court is

incapacitated from entering into the merits of the rival positions

on account of the well recognised restrictions in jurisdiction,

while dealing with factual disputations and evaluation of W.P.(C).No. 25167 of 2023

material and documentary inputs.

3. I am, therefore, of the firm view that Ext.P4 should gain

the attention of the competent respondent, without any further

delay.

4. In fact, Smt.Latha Anand - learned Standing Counsel for

the respondents, submitted that though there is no legal

impediment in Ext.P4 being taken up and disposed of, the fact

remains that there are several issues against the petitioner,

which justifies denial of promotion to him. She, therefore,

prayed that this Court may not enter into the merits of any of

the rival contentions because, while Ext.P4 is disposed of, every

such will be taken into account, juxtaposed by the petitioner's

contentions and assertions, including on the question of his

alleged authorised absence and uncommunicated adverse

marks.

Taking note of the afore submissions, I order this writ

petition to the limited extent of directing the competent among

respondents to take up Ext.P4 representation of the petitioner

and dispose it of, after affording him an opportunity of being

heard; thus culminating in an appropriate order and necessary

action thereon, as expeditiously as is possible, but not later than W.P.(C).No. 25167 of 2023

one month from the date of receipt of a copy of this judgment.

If, through the afore exercise, the petitioner is found

eligible for being promoted, then consequential orders for such

will be issued within a further period of one month thereafter.

Sd/-

DEVAN RAMACHANDRAN JUDGE anm W.P.(C).No. 25167 of 2023

APPENDIX OF WP(C) 25167/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER NO.TP/PD/R-16/18 DATED 21.08.2018 W.E.F. 20.08.2018 ISSUED BY THE GENERAL MANAGER (P&A/EDP), KMML Exhibit P2 TRUE COPY OF THE NO. TP/PD/PR-7/23 (PERSONNEL ORDER NO. 12/23) DATED 12.01.2023 ISSUED BY THE HEAD OF THE DEPARTMENT (P&A), KMML Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 17.01.2023 SUBMITTED BY THE PETITIONER TO THE HEAD OF THE DEPARTMENT (P&A), TP UNIT, KMML Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 09.03.2023 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.

Exhibit P5 TRUE COPY OF THE REQUEST UNDER RTI ACT DATED 21.03.2023 SUBMITTED BY THE PETITIONER TO THE PUBLIC INFORMATION OFFICER, KMML Exhibit P6 TRUE COPY OF THE COMMUNICATION NO.KMML/RIA-163/23-24 DATED 18.04.2023 ISSUED BY THE PUBLIC INFORMATION OFFICER, TP UNIT, KMML

COMMUNICATED VIDE NO.TP/PD/PL-10/80 DATED 23.10.1989 ISSUED BY THE 1ST RESPONDENT

DATED 13.05.1985 ISSUED BY THE 1ST RESPONDENT Exhibit P9 TRUE COPY OF THE RTI REQUEST DATED 11.01.2023 SUBMITTED TO THE PUBLIC INFORMATION OFFICER, KMML.

Exhibit P9(a) TRUE COPY OF THE COMMUNICATION NO.

KMML/RIA-125/22-23 DATED 01.02.2023 ISSUED BY THE PUBLIC INFORMATION OFFICER, TP UNIT, KMML.

Exhibit P10 TRUE COPY OF THE RTI REQUEST OF THE PETITIONER DATED 15.02.2023 TO THE PUBLIC INFORMATION OFFICER, KMML.

Exhibit P10(a) TRUE COPY OF THE COMMUNICATION NO.

KMML/RIA-146/22-23 DATED 09.03.2023 ISSUED BY THE PUBLIC INFORMATION OFFICER, TP UNIT, KMML W.P.(C).No. 25167 of 2023

Exhibit P11 TRUE COPY OF THE RTI REQUEST OF THE PETITIONER DATED 01.06.2023 TO THE GENERAL MANAGER (HR/EDP), KMML, TP UNIT. Exhibit P11(a) TRUE COPY OF THE COMMUNICATION NO.

KMML/RIA/MISC/23 DATED 26.06.2023 ISSUED BY THE HEAD OF THE DEPARTMENT (P&A), KMML Exhibit P12 TRUE COPY OF THE DISCHARGE SUMMARY ISSUED BY DEPARTMENT OF ORTHOPEDICS, KIMS HOSPITAL, TRIVANDRUM.

Exhibit P13 TRUE COPY OF THE MEDICAL/FITNESS CERTIFICATE DATED 29.11.2019 ISSUED BY THE KIMS HOSPITAL, TRIVANDRUM.

Exhibit P14 TRUE COPY OF THE FIRST ACCIDENT REPORT DATED 05.11.2019 ISSUED BY THE KMML, TP UNIT Exhibit P15 TRUE COPY OF THE REQUEST DATED 17.12.2019 SUBMITTED BY THE PETITIONER TO THE HEAD OF DEPARTMENT (P&A/L), KMML.

Exhibit P16 TRUE COPY OF THE REQUEST DATED 28.06.2020 SUBMITTED BY THE PETITIONER TO THE DEPUTY MANAGER (T/EDP), TP UNIT, KMML.

Exhibit P17 TRUE COPY OF THE ORDER DATED 20.12.2021 PASSED REGULARIZING LEAVE AVAILED BY THE PETITIONER IN THE YEAR 2019 AS LEAVE WITHOUT ALLOWANCE Exhibit P18 TRUE COPY OF THE RTI REQUEST DATED 26.12.2022 SUBMITTED TO THE PUBLIC INFORMATION OFFICER, KMML.

Exhibit P18(a) TRUE COPY OF THE COMMUNICATION NO.

KMML/RIA-116/22-23 DATED 23.01.2023 ISSUED BY THE PUBLIC INFORMATION OFFICER, TP UNIT, KMML

RESPONDENTS' EXHIBITS : NIL.