Kerala High Court
Sinju K.V vs State Of Kerala on 30 October, 2024
2024:KER:80905
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024 / 8TH KARTHIKA, 1946
WP(C) NO. 25243 OF 2022
PETITIONER:
SINJU K.V.,
AGED 38 YEARS,
S/O. KUTTAPPAN, K.V. NIVAS, PATTUVILAKAM,
KUDAVOOR, ANAYARA, THIRUVANANTHAPURAM-695029.
NOW WORKING AS GUEST ROOM KEEPER,
KERALA STATE CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT
BANK, THIRUVANANTHAPURAM., PIN - 695029.
BY ADVS.
R.S.KALKURA
M.S.KALESH
HARISH GOPINATH
R.BINDU
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
CO-OPERATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
THIRUVANANTHAPURAM, PIN - 695001.
3 KERALA STATE CO-OPERATIVE AGRICULTURAL &
RURAL DEVELOPMENT BANK,
REPRESENTED BY ITS GENERAL MANAGER,
LAND BANK BUILDING, STATUE,
THIRUVANANTHAPURAM, PIN - 695001.
4 THE MANAGING DIRECTOR,
KERALA STATE CO-OPERATIVE AGRICULTURAL &
RURAL DEVELOPMENT BANK, LAND BANK BUILDING, STATUE,
THIRUVANANTHAPURAM, PIN - 695001.
W.P.(C)No.25243 of 2022 2 2024:KER:80905
BY ADVS.
Advocate general office kerala
NISHA GEORGE - R1 & R2.
OTHER PRESENT:
SRI.JUSTIN JACOB,SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.25243 of 2022 3 2024:KER:80905
JUDGMENT
The petitioner who is working as a Guest Room Keeper
with the 3rd respondent-Bank on daily wage basis from
02.03.2014 onwards, points out that, on account of the
completion of five years service in the afore post, he was sought
to be regularized. Ext.P16 issued by the 3rd respondent-Bank
dated 18.07.2022 addressed to the 2nd respondent herein, also
shows that the petitioner has been advised to be regularised.
2. It is pointed out by the 3rd respondent in the
counter affidavit filed by them that the petitioners' claim for
regularization in the afore post was not positively considered,
since the promotion granted to 7 Guest Room Keepers as Peons
were not approved and they were reverted by the Government.
3. This Court by judgment dated 24.06.2019 in
W.P.(C)No.33393 of 2016 while considering the promotion
granted to the 7 Guest Room Keepers as Peons, have found that
they are entitled to be promoted to the post of Peons.
4. In the light of the afore judgment, it is only just
and proper that Ext.P16 is carried out to its logical end.
Therefore, there will be a direction to the 1st respondent to
regularize the service of the petitioner in the post of Guest Room
W.P.(C)No.25243 of 2022 4 2024:KER:80905
Keeper with the 3rd respondent herein and also to issue/publish a
notification in that regard, as expeditiously as possible, at any
rate, within a period of one month, from the date of receipt of a
copy of this judgment.
5. Sri.Harish Gopinath, the learned counsel for the
petitioner, further points out that, while regularizing the
petitioner as above, his seniority is also to be reckoned with
reference to the date on which, he was originally engaged in the
service of the 3rd respondent as already provided to others in
Ext.P3.
6. In this regard, it is for the petitioner to make an
appropriate representation to the 3 rd respondent, in view of the
fact that the others who have been already regularised are not
before this Court.
In such circumstances, the petitioner is permitted to
make an appropriate representation pointing out the facts and
figures to the 3rd respondent herein, in which event the seniority
of the petitioner would also re-fixed with notice to all affected
parties.
Sd/-
HARISANKAR V. MENON
JUDGE
ANA
W.P.(C)No.25243 of 2022 5 2024:KER:80905
APPENDIX OF WP(C) 25243/2022
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE THIRD PAGE OF THE S.S.L.C.
CERTIFICATE OF THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE LIST OF CONTRACT EMPLOYEES
MAINTAINED BY THE 3RD RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE RESOLUTION DATED 23.7.2004
OF THE 3RD RESPONDENT ALONG WITH THE AGENDA
OF THE MEETING HELD ON THAT DAY.
EXHIBIT P4 TRUE COPY OF THE LETTER DATED 13.5.2005
ISSUED BY THE 2ND RESPONDENT ADDRESSED TO
THE 3RD RESPONDENT GRANTING SANCTION FOR THE
POST OF GUEST ROOM KEEPERS IN PURSUANCE OF
EXHIBIT P3.
EXHIBIT P5 TRUE COPY OF THE RESOLUTION DATED 22.1.2015
OF THE BOARD OF DIRECTORS OF THE 3RD
RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED
24.1.2015 ISSUED BY THE 3RD RESPONDENT TO
THE 2ND RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 24.6.2019 IN
W.P.(C) NO. 33393 OF 2016.
EXHIBIT P8 TRUE COPY OF THE LETTER DATED 18.2.2015
ISSUED BY THE 3RD RESPONDENT TO THE 2ND
RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE COMMUNICATION DATED
12.10.2015 OF THE 2ND RESPONDENT ADDRESSED
TO THE 3RD RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE COMMUNICATION DATED
25.2.2016 ISSUED BY THE 1ST RESPONDENT TO
THE 2ND RESPONDENT.
Exhibit P11 TRUE COPY OF THE COMMUNICATION DATED
17.3.2016 ISSUED BY THE 2ND RESPONDENT TO
THE 3RD RESPONDENT.
Exhibit P12 TRUE COPY OF THE REPRESENTATION DATED
3.7.2019 SUBMITTED BY THE PETITIONER BEFORE
W.P.(C)No.25243 of 2022 6 2024:KER:80905
THE 3RD RESPONDENT.
Exhibit P13 TRUE COPY OF THE DRAFT PUBLICATION TO BE
CARRIED OUT IN THE GAZETTE PREPARED BY THE
2ND RESPONDENT.
Exhibit P14 TRUE COPY OF THE JUDGMENT DATED 11.07.2019
IN W.P.(C) NO.18835/2019.
Exhibit P15 TRUE COPY OF THE REPRESENTATION DATED
2.8.2020 SUBMITTED BY THE PETITIONER BEFORE
THE SECRETARY OF THE 3RD RESPONDENT.
Exhibit P16 TRUE COPY OF THE COMMUNICATION DATED
18.7.2022 ISSUED BY THE 3RD RESPONDENT TO
THE PETITIONER.
EXHIBIT P17 TRUE COPY OF THE OFFICE MEMORANDUM DATED 21-
04-2008 ISSUED BY THE GOVERNMENT OF INDIA
MINISTRY OF PERSONAL, PUBLIC GRIEVANCE AND
PENSION DEPARTMENT OF PERSONNEL AND TRAINING
EXHIBIT P18 TRUE COPY OF THE OFFICE MEMORANDUM DATED 11-
12-2006 ISSUED BY THE GOVERNMENT OF INDIA
MINISTRY OF PERSONAL, PUBLIC GRIEVANCE AND
PENSION DEPARTMENT OF PERSONNEL AND TRAINING
EXHIBIT P19 TRUE COPY OF THE RECRUITMENT RULES GO (MS)
NO. 41/2018/CO.OP DATED 04.12.2018 OF
GOVERNMENT IN CO.OP (B) DEPARTMENT FRAMED BY
THE 3RD RESPONDENT
EXHIBIT P20 TRUE COPY OF THE ORDER BEARING
NUMBERNO.CLT(3) 7U7274/2018 DATED 26.02.2020
OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES
APPOINTING A PERSON JUNIOR IN SERVICE TO
THAT OF THE PETITIONER
EXHIBIT P21 TRUE COPY OF THE LETTER DATED 18-07-2022
ISSUED BY THE BY THE THIRD RESPONDENT BANK
TO THE 2ND RESPONDENT REGISTRAR
