Kerala High Court
P.Geetha vs The Kerala State Co-Operative ... on 6 February, 2008
Author: Thottathil B.Radhakrishnan
Bench: Thottathil B.Radhakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 20380 of 2004(A)
1. P.GEETHA, AGED 42 YEARS,
... Petitioner
Vs
1. THE KERALA STATE CO-OPERATIVE FEDERATION
... Respondent
2. THE GENERAL MANAGER, MATSYAFED,
3. P.L.VALSALA KUMARI, ASSISTANT MANAGER,
4. A.SHYAM SUNDER, ASSISTANT MANAGER,
5. K.C.SIVANAND, ASSISTANT MANAGER,
6. C.D.GEORGE, ASSISTANT MANAGER,
7. JALAJA.V. J & V NIVAS, CHUNGAL P.O.
8. GALY.E. ZANA, VADAYAKAD, KUNNUMKUZHI P.O
9. GIRISH KUMAR C.N. CHEERANGATTU HOUSE,
For Petitioner :SRI.P.V.MOHANAN
For Respondent :SRI.KOSHY GEORGE, SC, MATSYAFED
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :06/02/2008
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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W.P(C).No.20380 OF 2004
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Dated this the 6th day of February, 2008
JUDGMENT
Learned counsel for the petitioner submits that in para (8) of the counter affidavit filed on behalf of respondents 1 and 2, it has been stated that applying the ratio of the decision in Ambikakutty v. Kerala Co-operative Tribunal [2003 (1) KLT 153], the relative position in the gradation list as against the petitioner and respondents 3 to 9 is to be recast. This is also supported by the decision relied on by the learned counsel for the petitioner in P.Srinivas v. M.Radhakrishna Moorthy and Others [2004 (2) SCC 459].
Recording the pleadings of the employer, this writ petition is disposed of vacating Ext.P13 order and directing that the needful be done after hearing the necessary parties. The list shall be recast in accordance with law. The question of consequential promotion shall also be taken up without delay.
Sd/-
THOTTATHIL B.RADHAKRISHNAN, Judge kkb.