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Kerala High Court

Balakrishnan Nair.M (Operator ... vs Kerala Health Research & Welfare on 23 May, 2009

Author: P.N.Ravindran

Bench: P.N.Ravindran

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 2990 of 2009(E)


1. BALAKRISHNAN NAIR.M (OPERATOR GFADE-III,
                      ...  Petitioner
2. GOPAKUMAR.D (OPERATOR GFADE-III,
3. KRISHNA KUMARI AMMA, (OPERATOR GFADE-III
4. K. SADASIVAN NAIR, (OPERATOR GFADE-III
5. SUBRAMANIA IYER.M, (OPERATOR GFADE-III
6. SUBHADARA AMMA.N, (OPERATOR GRADE-III,
7. D.PRIYA KUMARI, (OPERATOR GRADE-III,

                        Vs



1. KERALA HEALTH RESEARCH & WELFARE
                       ...       Respondent

2. THE MANAGING DIRECTOR, KERALA HEALTH

3. V.ACHUTHAN NAIR, OPERATOR GRADE-III,

4. S.RAJAN, BINDER, IPP PRESS

                For Petitioner  :SRI.NAGARAJ NARAYANAN

                For Respondent  :SRI.M.AJAY,SC,KERALA HEALTH RESEARCH&WE

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :23/05/2009

 O R D E R
                      P.N.RAVINDRAN, J.
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                W.P.(C) No. 2990 of 2009
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
          Dated this the 23rd day of May, 2009

                       JUDGMENT

Heard Sri. Nagaraj Narayanan, the learned counsel appearing for the petitioners and Sri. M. Ajay, the learned counsel appearing for respondents 1 and 2. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear respondents 3 and 4.

2. The petitioners are presently working as Grade-III Operators in the I.P.P. Press run by the first respondent society. According to them, they possess the qualifications prescribed for appointment to the post of Operator Grade- III, Grade-II and Grade-I. Their main grievance is that though they are working against sanctioned posts, their service has not so far been regularized. They also claim promotion to the higher posts and other benefits. Seeking these reliefs, the petitioners have filed Exts.P7 and P8 W.P.(C) No. 2990/09 2 representations before the Managing Director of the first respondent society. In this writ petition, the petitioners seek regularization of their service and promotion to the higher posts. They also claim seniority over respondents 3 and 4 in the post of Operator Grade-II.

3. The question whether the petitioners are entitled to have their service regularized and promoted to higher posts and also have seniority assigned over respondents 3 and 4 is primarily a matter for the first respondent to decide. The learned counsel for the first respondent submits that Managing Director will consider the request made by the petitioners in Exts.P7 and P8 representations with notice to them and respondents 3 and 4 and take a decision thereon, in accordance with law.

I accordingly dispose of this writ petition with a direction to the first respondent to consider the grievance voiced by the petitioners in Exts.P7 and P8 representations and pass orders thereon after notice to and affording the petitioners and respondents 3 and 4 a reasonable W.P.(C) No. 2990/09 3 opportunity of being heard. Final orders in the matter shall be passed within three months from the date on which the petitioners produce a certified copy of this judgment and a copy of this writ petition before the Managing Director of the first respondent society.

P.N.RAVINDRAN, JUDGE.

mn.