Sathyan B vs State Of Kerala
2023 Latest Caselaw 3394 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

  FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
                  WP(C) NO. 20828 OF 2016
PETITIONERS:

    1        SATHYAN B
             AGED 48 YEARS
             S/O. BHARGAVA PANICKER, SAVITHRI SADANAM, NETTAYAM,
             PEYAD P.O, THIRUVANANTHAPURAM.

    2        JAMES MATHEW
             S/O. MATHEW, AGED 46 YEARS, THOONKUZHI,
             MUKKOOTTUTHARA P.O, ERUMELY, KOTTAYAM DISTRICT.

             BY ADVS.
             SRI.K.T.SHYAMKUMAR
             SRI.HARISH R. MENON


RESPONDENTS:

    1        STATE OF KERALA
             REPRESENTED BY ITS SECRETARY TO GOVERNMENT
             DEPARTMENT OF TAXES,GOVERNMENT SECRETARIAT
             THIRUVANANTHAPURAM PIN 695 001.

    2        THE KERALA STATE BEVERAGES CORPORATION
             PBNO 2263, SASTHAKRIPA OFFICE COMPLEX, SASTHAMANGALAM,
             THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGING
             DIRECTOR PIN 695 001.

    3        THE KERALA ABKARI WORKERS WELFARE FUND BOARD
             KCP BUILDING, ARYASALA, THIRUVANANTHAPURAM
             REPRESENTED BY ITS WELFARE FUND INSPECTOR PIN 695 001.

             BY ADVS.
 WP(C) NO. 20828 OF 2016        2



             SRI.C.S.AJITH PRAKASH, SC, KAWWFB
             SRI.S.KRISHNA MOORTHY, SC


             SMT.DEEPA V, GP



     THIS WRIT PETITION        (CIVIL) HAVING COME UP   FOR
ADMISSION ON 24.03.2023,       THE COURT ON THE SAME    DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 20828 OF 2016                3




                                  JUDGMENT

This writ petition is filed seeking the following reliefs:

(i) issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the 1st respondent to consider and dispose of Exhibit P8 representation filed by the petitioner as expeditiously possible at any rate within a time limit to be prescribed by this Honourable Court.

(ii) declare that the petitioners cannot be denied the benefit of Exhibit P2 GO when the Government has granted the benefit of reinstatement and service benefits of Exhibit P2 to similarly placed employees.

(iii) call for the records leading to the issuance of Exhibit P7 and quash the same by issuing a writ in the nature of certiorari any other writ, order or direction.

2. It is submitted by the learned Government Pleader that

Ext.P8 has not yet been received.

3. The learned counsel appearing for the petitioners submit that

he shall file a fresh application and requests that the same be considered,

and appropriate orders be passed.

Having regard to the submissions advanced, this writ petition is

disposed of by ordering as under:

a) Within a period of two weeks from today, the petitioner shall

submit a fresh representation before the 1st respondent.

b) If any such representation is filed, the same shall be

considered, and appropriate orders shall be passed within

three months from the date of filing of the representation.

c) The petitioner shall produce a copy of the writ petition along

with this judgment before the 1st respondent to ensure

compliance.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE Sru

APPENDIX OF WP(C) 20828/2016

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE GO(MS) NO 36/2011/TD DATED 24-02-2011.

Exhibit P2 TRUE COPY OF THE GO(RT) NO 782/2011/TD DATED 2-11-2011.

Exhibit P3 TRUE COPY OF THE LETTER DATED 9-3-2012 ISSUED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT.

Exhibit P4 TRUE COPY OF THE LETTER DATED 16-04-2012 ISSUED BY THE 1ST RESPONDENT.

Exhibit P5 TRUE COPY OF THE ORDER DATED 2-11-2012 ISSUED BY THE 1ST RESPONDENT.

Exhibit P6 TRUE COPY OF THE ORDER DATED 16-11-2012 ISSUED BY THE 2ND RESPONDENT.

Exhibit P7 TRUE COPY OF THE ORDER DATED 26-11-2014 ISSUED BY THE 1ST RESPONDENT.

Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 29-07-2015 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT.