Kerala High Court
Prasad.P.S vs State Of Kerala on 4 March, 2025
Author: Murali Purushothaman
Bench: Murali Purushothaman
WP(C) No.8180/2025 1/5 Order Date : 04-03-2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Tuesday, the 4th day of March 2025 / 13th Phalguna, 1946
WP(C) NO. 8180 OF 2025
PETITIONERS:
1. PRASAD.P.S., AGED 50 YEARS, S/O SIVAN NAIR(LATE),PULLATTUKUDY
HOUSE,ASAMANOOR POST, ODAKKALY, ERNAKULAM, NOW WORKING AS LD CLERK,
KERALA HEAD LOAD WORKERS WELFARE BOARD, KOTHAMANGALAM SUB OFFICE,
ERNAKULAM DISTRICT, PIN - 683549
2. TENNYSON, AGED 50 YEARS, S/O CHAKKUNNY,NALLENGARA (H),VASANTH NAGAR,
ELTHURUTH.P.O., THRISSUR, NOW WORKING AS LD CLERK, KERALA HEAD LOAD
WORKERS WELFARE BOARD, THRISSUR DISTRICT COMMITTEE, THRISSUR
DISTRICT, PIN - 680611
3. XAVIER ANTONY.E.L., AGED 54 YEARS, S/O
E.S.LOWERNCE,EDAVAZIKKAL(H),MUNDAMVELI.P.O.,KOCHI, ERNAKULAM,NOW
WORKING AS LD CLERK ,KERALA HEAD LOAD WORKERS WELFARE BOARD,
ERNAKULAM DISTRICT COMMITTEE, ERNAKULAM DISTRICT, PIN - 682507
4. SUNIL.N.P., AGED 59 YEARS, S/O PADMANABHAN,NAYARUSSERY
(H),EDAVANAKKAD.P.O.,ERNAKULAM,NOW WORKING AS OFFICE ATTENDANT,
KERALA HEAD LOAD WORKERS WELFARE BOARD, VYPEEN SUB OFFICE, ERNAKULAM
DISTRICT, PIN - 682502
5. THOMAS.C.A , AGED 57 YEARS, S/O ABRAHAM.C.O, CHIRAKKAL (H),
KEDAMANGALAM,N.PARAVUR, ERNAKULAM ,NOW WORKING AS OFFICE ATTENDANT
,KERALA HEAD LOAD WORKERS WELFARE BOARD, ALUVA SUB OFFICE, ERNAKULAM
DISTRICT, PIN - 683101
6. VARGHESE.P.G , AGED 57 YEARS, S/O GABRIEL, PALLIYIL(H), SATHAR,
ISLAND,MOOTHAKUNNAM.P.O., ERNAKULAM,NOW WORKING AS OFFICE ATTENDANT
,KERALA HEAD LOAD WORKERS WELFARE BOARD, KALAMASSERY SUB OFFICE,
ERNAKULAM DISTRICT, PIN - 683516
7. LUBEENA.P.K ., AGED 44 YEARS D/O A KABEER,PADANILATHU
HOUSE,PUTHUVASSERY, NEDUMBASSERY.P.O.,ERNAKULAM,NOW WORKING AS LD
CLERK, KERALA HEAD LOAD WORKERS WELFARE BOARD, KALAMASSERY SUB
OFFICE, ERNAKULAM DISTRICT, PIN - 683585
8. MOHANAN.A.K., AGED 58 YEARS, S/O
KANNAN,ALINGAPPARAMBIL(H),KOTTUVALLY SOUTH, KAITHARAM.P.O.,
ERNAKULAM,NOW WORKING AS OFFICE ATTENDANT, KERALA HEAD LOAD WORKERS
WELFARE BOARD, N.PARAVUR SUB OFFICE, ERNAKULAM DISTRICT, PIN -
683522
9. VINOD.K.B., AGED 45 YEARS, S/O K.V.BHASKARAN,KADEAPARAMBIL
HOUSE,NEENDOOR, VADAKKEKKARA. P.O., N.PARAVUR , ERNAKULAM, NOW
WORKING AS LD CLERK, KERALA HEAD LOAD WORKERS WELFARE BOARD,
N.PARAVUR SUB OFFICE, ERNAKULAM DISTRICT, PIN - 683522
10. IDA ROSEY SINI.M.A, AGED 52 YEARS D/O M.C.ANTONY,MANAYIL
(H),KANNAMPPILLY ROAD, PACHALAM.P.O.,ERNAKULAM ,NOW WORKING AS LD
TYPIST, KERALA HEAD LOAD WORKERS WELFARE BOARD, S.R.M ROAD ,
ERNAKULAM DISTRICT, PIN - 682012
WP(C) No.8180/2025 2/5 Order Date : 04-03-2025
11. PRINCY .K.V., AGED 44 YEARS W/O ANIL
KUMAR.P.S,PUTHETHUMUGAL,VEMBILLY.P.O.,ERNAKULAM,NOW WORKING AS LD
CLERK, KERALA HEAD LOAD WORKERS WELFARE BOARD, S.R.M ROAD ,
ERNAKULAM DISTRICT, PIN - 683565
12. SHINI P.J., AGED 48 YEARS D/O P.A.JOHN,PULIKKAL
(H),CHATTANAD,EZHIKKARA.P.O, N.PARAVUR, ERNAKULAM,NOW WORKING AS LD
CLERK, KERALA HEAD LOAD WORKERS WELFARE BOARD, S.R.M ROAD ,
ERNAKULAM DISTRICT, PIN - 683513
13. ABDUL SALAM T U, AGED 57 YEARS THACHIRIKKALPPARAMBIL(H)
,BINANIPURAM.P.O.,EDAYAR-ERNAKULAM,NOW WORKING AS OFFICE ATTENDANT
,KERALA HEAD LOAD WORKERS WELFARE BOARD, THRIKKAKARA SUB OFFICE,
ERNAKULAM DISTRICT, PIN - 683502
14. ABDUL KHADER.P., AGED 50 YEARS S/O ABDULLA,
CHALATHIYIL(H),TIRURANGADI.P.O, MALAPPURAM ,NOW WORKING AS LD CLERK,
KERALA HEAD LOAD WORKERS WELFARE BOARD, TANUR SUB OFFICE, MALAPPURAM
DISTRICT, PIN - 676306
15. SHEREENA.C., AGED 49 YEARS D/O K.RAJAN, CHAITANYA, MALAYAMMA.P.O,
NIT (VIA), KOZHIKODE DISTRICT,NOW WORKING AS LD CLERK, KERALA HEAD
LOAD WORKERS WELFARE BOARD, KOZHIKODE DISTRICT COMMITTEE , KOZHIKODE
DISTRICT, PIN - 673601
16. SABIRA.P., AGED 56 YEARS W/O MUHAMMED BASHEER,VAVI VILLA,
PANNIKOTIL(H), AYIKKARAPPADI.PO.,MALAPPURAM,NOW WORKING AS LD CLERK
KERALA HEAD LOAD WORKERS WELFARE BOARD KOZHIKODE DISTRICT COMMITTEE,
KOZHIKODE DISTRICT, PIN - 673637
17. SAJITHA .S .P., AGED 57 YEARS W/O AJAYAKUMAR .R,MANJILIKKATTU
HOUSE,VYLAR.P.O,CHERTHALA, ALAPPUZHA,NOW WORKING AS LD CLERK, KERALA
HEAD LOAD WORKERS WELFARE BOARD, CHERTHALA SUB OFFICE, ALAPPUZHA
DISTRICT, PIN - 688536
18. MAHESWARI.K., AGED 50 YEARS W/O SATHEESAN .N, CHANDHU NIVAS,
PALLIPPURAM.P.O.,CHERTHALA, ALAPPUZHA,NOW WORKING AS OFFICE
ATTENDANT, KERALA HEAD LOAD WORKERS WELFARE BOARD, AROOR SUB
OFFICE,ALAPPUZHA DISTRICT, PIN - 688541
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM, PIN - 695001
2. THE SECRETARY TO GOVERNMENT, SOCIAL JUSTICE DEPARTMENT, GOVERNMENT
SECRETARIATE, THIRUVANANTHAPURAM, PIN - 695001
3. SECRETARY TO GOVERNMENT, LABOUR DEPARTMENT, GOVERNMENT SECRETARIATE,
THIRUVANANTHAPURAM, PIN - 695001
4. SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT
SECRETARIATE, THIRUVANANTHAPURAM, PIN - 695001
5. KERALA HEADLOAD WORKERS WELFARE BOARD, HEAD QUARTERS, SRM ROAD,
ERNAKULAM,REPRESENTED BY ITS CHIEF EXECUTIVE, PIN - 682018
6. CHIEF EXECUTIVE, KERALA HEADLOAD WORKERS WELFARE BOARD, HEAD
QUARTERS, SRM ROAD, ERNAKULAM, PIN - 682018
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
WP(C) No.8180/2025 3/5 Order Date : 04-03-2025
pleased to direct the respondents no 1 to 4 to take final decision in ext
p14 request submitted by the respondents no 5 and 6, at the earliest,
during the pendency of this writ petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.K.P.PRADEEP, T.T.BIJU, T.THASMI, M.J.ANOOPA, POOJA V.M., & APARNA
S.,Advocates for the petitioners, the court passed the following:
WP(C) No.8180/2025 4/5 Order Date : 04-03-2025
W.P.(C) No.8180 of 2025
MURALI PURUSHOTHAMAN, J.
==========================
W.P.(C) No.8180 of 2025
==========================
Dated this the 4th day of March, 2025
ORDER
Post before the appropriate Bench.
Post on 06/03/2025.
Sd/-
MURALI PURUSHOTHAMAN,
JUDGE
GBG
WP(C) No.8180/2025 5/5 Order Date : 04-03-2025
APPENDIX OF WP(C) 8180/2025
Exhibit P1 TRUE COPY OF THE GO (P) NO 40/13/SJD DATED 18-05-2013
Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER DATED 29-04-2014
ISSUED TO THE 13TH PETITIONER
Exhibit P3 TRUE COPY OF THE GOVERNMENT ORDER GO (P) NO 01/16/SJD
DATED 03-02-2016
Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 11-03-2019 IN WP(C) NO
36898 OF 2018
Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 01-02-2021 IN WA NO
1394 OF 2019
Exhibit P6 TRUE COPY OF THE COMMON ORDER IN SLP (C) NO 4241/2021
DATED 17-12-2024
Exhibit P7 TRUE COPY OF THE GOVERNMENT ORDER GO (P) NO 5/2022/SJD
DATED 15-07-2022
Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 10-01-2023
SUBMITTED TO THE 6TH RESPONDENT
Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 2-07-2024
SUBMITTED TO THE 3RD RESPONDENT
Exhibit P10 TRUE COPY OF THE GOVERNMENT ORDER GO (P) NO 22/2019/FIN
DATED 26-02-2019
Exhibit P11 TRUE COPY OF THE LETTER NO F4-17639/2017 DATED
24-05-2018 SUBMITTED BY THE 6TH RESPONDENT
Exhibit P12 TRUE COPY OF THE GO (P) NO 2/2022/SJD DATED 10-05-2022
Exhibit P13 TRUE COPY OF THE COMMUNICATION NO H3/40/2022-LABOUR
DATED 25-11-2022 ISSUED BY THE 3RD RESPONDENT
Exhibit P14 TRUE COPY OF THE COMMUNICATION NO KHWWB/406/2023-E A1
DATED 20-03-2023 OF THE 5TH RESPONDENT WITH ANNEXURE
Exhibit P15 TRUE COPY OF THE COMMUNICATION NO F4/17639/17 DATED
09-02-2023 ISSUED BY THE 6TH RESPONDENT TO THE 3RD
RESPONDENT
Exhibit P16 TRUE COPY OF THE LETTER NO KHWWB/654/2024-E3 DATED
13-02-2024
