Kerala High Court
Tgn Kumar vs The Director General Bureau Of ... on 17 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
WP(C) NO. 14993 OF 2021
PETITIONER/S:
TGN KUMAR
33/3004, VENNALA P.O., KOCHI-682028.
BY ADV M.R.NANDAKUMAR
RESPONDENT/S:
1 THE DIRECTOR GENERAL BUREAU OF CIVIL AVIATION SECURITY
"A WING", I-IIII FLOOR, JANPATH BHAWAN, JANPATH, NEW
DELHI-110001.
2 THE DIRECTOR GENERAL,
CISF, BLOCK NO.13-CGO COMPLEX LODHI ROAD, JAWAHARLAL
NEHRU STADIUM MARG, PRAGATI VIHAR, NEW DELHI, DELHI-
110003.
3 THE DEPUTY DIRECTOR,
BUREAU OF CIVIL AVIATION SECURITY, OFFICE OF THE
REGIONAL, DIRECTOR, BUREAU OF CIVIL AVIATION SECURITY,
TRIVANDRUM NEAR DOMESTIC TERMINAL, TRIVANDRUM
SANGHUMUGHAM, THIRUVANANTHAPURAM-6950085.
4 THE BOARD OF DIRECTORS,
COCHIN INTERNATIONAL AIRPORT LTD., REP. BY ITS
CHAIRMAN, HON'BLE CHIEF MINISTER OF KERALA, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001.
5 THE MANAGING DIRECTOR,
COCHIN INTERNATIONAL AIRPORT LTD., NEDUMBASSERY, KOCHI-
683111.
6 ACK NAIR,
AIRPORT DIRECTOR, COCHIN INTERNATIONAL AIRPORT LTD.,
NEDUMBASSERY, KOCHI-683111.
WP(C) NO. 14993 OF 2021 and conctd. Cases
2
7 SHABEER,
EXECUTIVE DIRECTOR, (ENGINEERING), COCHIN
INTERNATIONAL AIRPORT LTD., NEDUMBASSERY, KOCHI-
683111.
BY ADVS.
S.KRISHNA
P.BENNY THOMAS
D.PREM KAMATH
TOM THOMAS (KAKKUZHIYIL)
ABEL TOM BENNY
JYOTHISH KRISHNA
AHAMMAD SACHIN K.
KURIAN OOMMEN THERAKATH
JAIKRISHNAN.M.PISHARODI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 14993 OF 2021 and conctd. Cases
3
JUDGMENT
The present writ petition has been filed with the following
prayers:
I. Issue a writ of mandamus or any other appropriate
writ or directions directing the respondents 1 to 3 to pass
requisite orders refraining respondents 6 and 7 from
entering CIAL in their capacity as Airport Director and
Executive Director respectively, and without mandatory
pass.
II. Issue a Writ of mandamus commanding the 1st and 2nd
respondents to pass appropriate orders, ordering an
enquiry on the grievances highlighted in Ext.P2 forthwith.
2. In compliance of the order of this Court dated 16.1.2023,
an affidavit of Sri. Saji K George, Company Secretary has been
filed. Copy thereof has been given to the counsel for the petitioner.
Paragraphs 3 and 4 of the counter affidavit read thus:
3. It is submitted that the 7th respondent was working as
Executive Director (Engineering Service) of Cochin
International Airport Ltd. He was in the payroll of the CIAL
for a period of 24 years heading Civil Engineering Dept.
After his retirement he was re-engaged on fixed term contract
basis as Executive Director (Engineering Services) in CIAL
with effect from 1.8.2020.
4. It is submitted that the 7th respondent's contract which
was last renewed with effect from 15.11.2022 has been
expired on 14.1.2023. The 7th respondent ceases to be the
Executive Director of the CIAL with effect from 14.1.2023
(AN) and the management has decided not to extend/renew
his contract with effect from 14.1.2023 (AN).
3. Learned counsel for the petitioner submitted that there
is a defiance to the directions of this Court with regard to not
engagement of the 7th respondent in future.
WP(C) NO. 14993 OF 2021 and conctd. Cases
4. At this stage, counsel for the respondent submitted that
the 7th respondent will not be re-engaged on contract basis in
future, after cessation of employment. In view of the undertaking
given by the respondents, writ petition stands closed with a liberty
to the petitioner to revive the matter.
Sd/-
sab AMIT RAWAL
JUDGE
WP(C) NO. 14993 OF 2021 and conctd. Cases
APPENDIX OF WP(C) 14993/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REPRESENTATION PREFERRED
BY THE PETITIONER TO THE 5TH RESPONDENT
DATED 01.07.2021.
Exhibit P2 TRUE COPY OF THE REPRESENTATION PREFERRED
BY THE PETITIONER TO THE 1ST RESPONDENT
WITH COPY OF THE 2ND RESPONDENT DATED
09.07.2021.
