Sajeevan P.S vs The Kerala State Co-Operative ...
2024 Latest Caselaw 32621 Ker

Kerala High Court

Sajeevan P.S vs The Kerala State Co-Operative ... on 11 November, 2024

                                               2024:KER:83738


          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

 MONDAY, THE 11TH DAY OF NOVEMBER 2024 / 20TH KARTHIKA, 1946

                   WP(C) NO. 39652 OF 2024

PETITIONER/S:

         SAJEEVAN P.S.
         AGED 57 YEARS
         S/O.SEKHARAN, PANACHIKKAL HOUSE, KUTTIPPARA,
         CHULLY P.O, ERNAKULAM DISTRICT, PIN - 683581


         BY ADVS.
         ARJUN RAGHAVAN
         T.R.HARIKUMAR
         POOJA PANKAJ
         NAYANZA FERIN C.P.




RESPONDENT/S:

    1    THE KERALA STATE CO-OPERATIVE CONSUMERS FEDERATION
         LTD. (CONSUMERFED)
         REPRESENTED BY ITS CHAIRMAN, GANDHI NAGAR,
         ERNAKULAM, KOCHI, PIN - 682020

    2    THE BOARD OF DIRECTORS OF THE KERALA STATE CO-
         OPERATIVE CONSUMERS FEDERATION LTD. (CONSUMERFED)
         REPRESENTED BY ITS CHAIRMAN, GANDHI NAGAR,
         ERNAKULAM, KOCHI, PIN - 682020

    3    THE MANAGING DIRECTOR
         KERALA STATE CO-OPERATIVE CONSUMERS FEDERATION
         LTD. (CONSUMERFED), GANDHI NAGAR, ERNAKULAM,
         KOCHI, PIN - 682020
 W.P.C No. 39652 of 2024



                                  2
                                                    2024:KER:83738


     4       THE REGISTRAR OF CO-OPERATIVE SOCIETIES
             JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD
             P.O, THIRUVANANTHAPURAM, PIN - 695014

     5       STATE OF KERALA
             CO-OPERATION (A) DEPARTMENT, GOVERNMENT
             SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001



OTHER PRESENT:

             Adv. M. Sasidharan, SC,

             Adv. Venugopal.V, G.P


      THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON   11.11.2024,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.C No. 39652 of 2024



                                   3
                                                        2024:KER:83738


                           JUDGMENT

The petitioner joined the Triveni Supermarket under the 1 st

respondent as a Helper on daily wages in the year 1996. Later,

in 2010 he was appointed on consolidated pay basis without

recognizing his prior service. The grievance of the petitioner is

that, even though similarly situated persons were granted

regularization, the said benefit was not extended to the

petitioner. It is pointed out that, the prior service of the

petitioner right from 1996 was completely ignored. In such

circumstances, seeking regularization, by extending the benefits

granted to the persons similarly situated, the petitioner

submitted Ext.P14 representation which is now pending before

the 2nd respondent. The limited prayer sought by the petitioner

is to direct the 2nd respondent to take a decision thereon within

a time frame.

After hearing the learned counsel for the petitioner and the

learned Standing Counsel for the 1st and 2nd respondents, I am

of the view that, this writ petition can be disposed of.

2024:KER:83738

Accordingly, it is ordered that, the 2nd respondent shall take up

Ext.P14 and appropriate orders thereon shall be passed in

accordance with law, within a period of two months from the

date of receipt of a copy of this judgment after affording the

petitioner an opportunity for being heard.

Sd/-

ZIYAD RAHMAN A.A. JUDGE rpk

2024:KER:83738

APPENDIX OF WP(C) 39652/2024

PETITIONER EXHIBITS

Exhibit-P1 A TRUE COPY OF THE VOUCHER DATED 31-05- 1996 ISSUED TO THE PETITIONER

Exhibit-P2 A TRUE COPY OF THE VOUCHER DATED 20-12- 1997 ISSUED TO THE PETITIONER

Exhibit-P3 A TRUE COPY OF THE VOUCHER DATED 31-08- 1998 ISSUED TO THE PETITIONER

Exhibit-P4 A TRUE COPY OF THE VOUCHER DATED 24-06- 2000 ISSUED TO THE PETITIONER

Exhibit-P5 A TRUE COPY OF THE VOUCHER DATED 08-09- 2000 ISSUED TO THE PETITIONER

Exhibit-P6 A TRUE COPY OF THE VOUCHER DATED 29-08- 2001 ISSUED TO THE PETITIONER

Exhibit-P7 A TRUE COPY OF THE SHOW-CAUSE NOTICE DATED 02-01-2004 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER

Exhibit-P8 A TRUE COPY OF THE CASH RECEIPT DATED 12-06-2004 EVIDENCING REMITTANCE OF AMOUNT BY PETITIONER

Exhibit-P9 A TRUE COPY OF THE REPRESENTATION DATED 05-03-2020 SUBMITTED BY THE PETITIONER

Exhibit-P10 A TRUE COPY OF THE REPRESENTATION DATED 20-03-2019 SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE CHIEF MINISTER

Exhibit-P11 A TRUE COPY OF THE COMMUNICATION DATED 16-04-2021 ISSUED BY THE 5TH RESPONDENT

2024:KER:83738

Exhibit-P12 A TRUE COPY OF THE COMMUNICATION DATED 17-12-2020 ISSUED BY THE 4TH RESPONDENT

Exhibit-P13 A TRUE COPY OF THE DISABILITY CERTIFICATE OF THE PETITIONER'S BROTHER-IN-LAW DATED 28-06-2003

Exhibit-P14 A TRUE COPY OF THE REPRESENTATION DATED 29-07-2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH POSTAL RECEIPT