Kerala High Court
Chandradasan M.C vs The State Of Kerala on 18 July, 2025
2025:KER:53606
W.P.(C).No.23231 of 2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
FRIDAY, THE 18TH DAY OF JULY 2025 / 27TH ASHADHA, 1947
WP(C) NO. 23231 OF 2020
PETITIONER:
CHANDRADASAN M.C
AGED 57 YEARS
CHANDRODAYAM, KULAKKAD P O, CHERUPULASSERY, PALAKKAD,
PIN - 679503.
BY ADV SHRI.R.S.KALKURA
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
SCHEDULED CASTE DEVELOPMENT DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
2 THE KERALA STATE DEVELOPMENT
CORPORATION FOR SCHEDULE CASTES AND SCHEDULE TRIBES
LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR,
P.B. NO. 523, TOWN HALL ROAD, THRISSUR - 680020.
3 P.C. RATHNAKARAN,
DISTRICT MANAGER, K.S.D.C FOR SC/ST LTD,
DISTRICT OFFICE, PINANGODE (JUNCTION), KALPATTA (P.O),
WAYANAD DISTRICT.
NOW RESIDING AT MADATHIL HOUSE,
PINARAYI.P O, KANNUR - 670741.
BY ADVS.SHRI.M.K.CHANDRA MOHANDAS
SHRI.I.V.PRAMOD, SC, KERALA STATE DEVELOPMENT
CORPORATION FOR SC/ST LIMITED
OTHER PRESENT:
ADV HARISH VASUDEVAN
ADV LATHA THANKAPPAN, SPL.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C).No.23231 of 2020
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S.MANU, J.
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W.P.(C).No.23231 of 2020
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Dated this the 18th day of July, 2025
JUDGMENT
Petitioner joined Kerala State Development
Corporation for Scheduled Castes and Scheduled Tribes
Limited as Assistant Grade II on 08.01.1997. He was later
promoted as Assistant Grade I on 16.02.1999. Next higher
post was of Junior Superintendent/Assistant Administrative
Officer. Clearing of Departmental Test in Manual of Office
Procedure was made mandatory for promotion from
Assistant Grade II to Grade I and two years time was
granted for clearing the test to those who were promoted
without clearing the test. Petitioner cleared the test on
31.12.1999.
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2. The 3rd respondent passed the test on 31.12.1998
one year before the petitioner passed the test. He raised a
claim that he shall be treated as senior as he passed the
test early. When a seniority list was published on
20.12.2000 the petitioner was at rank 34 and the 3 rd
respondent was at rank 38. The 3 rd respondent joined
service only on 17.04.1977, and therefore, he was junior to
the petitioner. However, based on the claim made by the 3 rd
respondent for re-fixing the seniority, he was placed at rank
No.22 and the petitioner was placed at rank No.33 when
another seniority list was published later. On the basis of
the said seniority list, the 3rd respondent was promoted as
Junior Superintendent/Assistant Administrative Officer on
24.06.2003.
3. Those who were adversely affected by the revised
seniority list published submitted objections and on
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10.10.2008 another seniority list was published wherein the
petitioner was placed in the 32nd rank and the 3rd
respondent was placed in the 35 th rank. The petitioner was
promoted as Junior Superintendent/Assistant
Administrative Officer only on 16.05.2012. Case of the
petitioner is that denial of promotion to the post of Junior
Superintendent/Assistant Administrative Officer in 2003
was on account of mistakes committed by the Corporation
in fixing the seniority and therefore the petitioner is entitled
for getting his seniority restored and consequently to get
notional promotion with effect from 24.06.2003, the date
on which the 3rd respondent was promoted as Junior
Superintendent/Assistant Administrative Officer with all
benefits.
4. I had considered an identical issue in W.P.
(C)No.25440/2013. The said writ petition was disposed of
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directing the Managing Director of the respondent
Corporation to consider the grievance and to take
appropriate decision. I am of the considered view that this
writ petition can also be disposed of with similar directions.
5. This writ petition is therefore disposed of with the
following directions:-
(1) The 2nd respondent is directed to consider
the grievance of the petitioner projected in
this writ petition and take an appropriate
decision in the matter within a period of
three months from the date of receipt of a
copy of this judgment.
(2) Petitioner shall submit a detailed
representation narrating the grievance to
the 2nd respondent along with a copy of
this judgment and a copy of the writ
petition within a period of ten days from
the date of receipt of a copy of this
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judgment to enable the 2nd respondent to
comply with the above direction.
(3) The 2nd respondent shall provide an
opportunity of hearing to the petitioner
before taking decision in the matter.
W.P.(C) is disposed of as above.
Sd/-
S.MANU
JUDGE
skj
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APPENDIX OF WP(C) 23231/2020
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF ORDER NO. A2/2236/98 DATED
16.02.1999.
EXHIBIT P2 TRUE COPY OF SENIORITY LIST NO.11251
DATED 20.12.2000 PUBLISHED BY THE
SECOND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE SENIORITY LIST NO.
A2/4963/2000 DATED 06.09.2003.
EXHIBIT P4 TRUE COPY OF THE SENIORITY LIST NO.
11251/A2/2000 DATED 10.10.2008.
EXHIBIT P5 TRUE COPY OF ORDER NO.E1/2382/MLP/2002
DATED 16.05.2012.
EXHIBIT P6 TRUE COPY OF THE REPLY NO.3044/A/2011
DATED 25/11/2019 SENT BY THE 2ND
RESPONDENT UNDER RIGHT TO INFORMATION
ACT, STATING THE BASIC SALARY DRAWN BY
THE PETITIONER AND
MR. RATHNAKARAN.
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER TO THE
RESPONDENT DATED 22.11.2017.
EXHIBIT P8 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER TO THE 2nd
RESPONDENT DATED 31.08.2018.
EXHIBIT P9 TRUE COPY OF ORDER NO.1949/A2/98 DATED
26.08.2017.
