Ameesha T.L vs Kerala Headload Workers’ Welfare ...
2023 Latest Caselaw 9975 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
                    WP(C) NO. 30501 OF 2023

PETITIONER/S:

           AMEESHA T.L
           L.D CLERK (UNDER SUSPENSION), DISTRICT COMMITTEE,
           KERALA HEADLOAD WORKERS' WELFARE BOARD,
           KOLLAM - 691 001, RESIDING AT VAYALIL PUTHENVEEDU,
           DECENT JUNCTION, KOLLAM, PIN - 691557

           BY ADVS.
           P.NANDAKUMAR
           AMRUTHA SANJEEV
           VIVEK VIJAYAKUMAR
           RIYA TOMY
           INDU C. SREEKUMAR

RESPONDENT/S:

    1      KERALA HEADLOAD WORKERS' WELFARE BOARD
           SRM ROAD, ERNAKULAM -682018,
           REPRESENTED BY ITS CHIEF EXECUTIVE.

    2      THE CHIEF EXECUTIVE
           KERALA HEADLOAD WORKERS' WELFARE BOARD,
           SRM ROAD, ERNAKULAM, PIN - 682018

           BY ADV K.S.ARUN KUMAR


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 18.09.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No. 30501 of 2023


                                            2



                                      JUDGMENT

The petitioner states that she is working as L.D. Clerk at the District

Committee of the Kerala Headload Workers' Welfare Board, Kollam. By Ext.P1

order, she was placed under suspension along with certain other officers. The

allegation is that there were supervisory lapses on the part of the petitioner

herein. The grievance of the petitioner is that in spite of the completion of the

enquiry proceedings, the respondents have not reinstated the petitioner in

service. She asserts that persons who had faced similar charges have been

reinstated in service by Exts.P3 and P4 orders. It is in the afore circumstances

that this writ petition is filed seeking the following reliefs:

(i) To call for the records leading to Exhibit P1 and quash the same

by the issuance of a Writ of Certiorari;

(ii) To issue a Writ of Mandamus directing the respondents to

reinstate the petitioner in service, forthwith in the light of

Exhibits P3 and P4 orders.

2. When this matter is taken up for consideration, the learned counsel

appearing for the respondents submitted that Ext.P5 representation submitted

by the petitioner will be taken up and disposed of within a period of four W.P.(C) No. 30501 of 2023

weeks.

Having regard to the facts and circumstances and without expressing

any opinion on the merit of Ext.P5, there will be a direction to the competent

among the respondents to take up Ext.P5 with notice to the petitioner and

pass orders on its merits and in accordance with law, expeditiously, in any

event, within a period of four weeks from the date of receipt of a copy of this

judgment.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE NS/18/9/2023 W.P.(C) No. 30501 of 2023

APPENDIX OF WP(C) 30501/2023

PETITIONER EXHIBITS :

Exhibit P1 TRUE COPY OF ORDER DATED 28.02.2022 BY THE 2ND RESPONDENT

Exhibit P2 TRUE COPY OF JUDGMENT DATED 05.06.2023 IN WP(C)NO.17669 OF 2023

Exhibit P3 TRUE COPY OF ORDER DATED 07.09.2023 ISSUED BY THE 2ND RESPONDENT REINSTATING SMT. SINDHU A.L

Exhibit P4 TRUE COPY OF ORDER DATED 07.09.2023 ISSUED BY THE 2ND RESPONDENT REINSTATING SMT. KRISHNAPRIYA

Exhibit P5 TRUE COPY OF REPRESENTATION DATED 14.09.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT