Kerala High Court
Rasha K vs Kerala State Beverages (M&M) ... on 3 February, 2015
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY,THE 3RD DAY OF FEBRUARY 2015/14TH MAGHA, 1936
WP(C).No. 19952 of 2014 (T)
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PETITIONER(S):
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RASHA K,
ASSISTANT GRADE I, WARE HOUSE
KERALA STATE BEVERAGES (M&M) CORPORATION LTD,
PERINTHALMANNA, MALAPPURAM.
BY ADV. SRI.K.PRAVEEN KUMAR
RESPONDENT(S):
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1. KERALA STATE BEVERAGES (M&M) CORPORATION LTD
REPRESENTED BY ITS MANAGING DIRECTOR
SASTHAKRIPA OFFICE COMPLEX, SASTHAMANGALAM
THIRUVANANTHAPURAM - 695 010.
2. THE MANAGING DIRECTOR
KERALA STATE BEVERAGES (M&M) CORPORATION LTD
SASTHAKRIPA OFFICE COMPLEX, SASTHAMANGALAM
THIRUVANANTHAPURAM - 695 010.
3. GENERAL MANAGER (ADMINISTRATION)
KERALA STATE BEVERAGES (M&M) CORPORATION LTD
SASTHAKRIPA OFFICE COMPLEX, SASTHAMANGALAM
THIRUVANANTHAPURAM - 695 010.
BY ADV. SRI.C.S.AJITH PRAKASH,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03-02-2015, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
PJ
WP(C).No. 19952 of 2014 (T)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1 - TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DT. 31.7.13.
P2 - TRUE COPY OF THE M.B.A DEGREE CERTIFICATE ISSUED TO THE
PETITIONER BY THE BHARATHIAR UNIVERSITY.
P3 - TRUE COPY OF THE REPLY DT.22.10.13 ISSUED BY THE PUBLIC
INFORMATION OFFICER OF THE 1ST RESPONDENT TO ONE SRI.P.ARUN,
KOLLAM.
P4 - TRUE COPY OF THE REPRESENTATION DT. 26.4.14 FILED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT.
P5 - TRUE COPY OF THE COMMUNICATION DT. 11.6.14 SEND BY THE 3RD
RESPONDENT TO THE PETITIONER.
P6 - TRUE COPY OF THE JUDGMENT IN WPC NO. 14745/14 OF THIS HON'BLE
COURT.
P7 - TRUE COPY OF THE APPLICATION SENT BY SRI.JUNAIZ VALTHODIKA UNDER
RTI ACT DT. 09.6.14.
P7(A) - TRUE COPY OF THE REPLY RECEIVED BY SRI.JUNAIZ VALTHODIKA UNDER
RTI ACT DT. 05.7.14.
P8 - TRUE COPY OF THE RELEVANT PROTION OF THE SPECIAL RULES OF THE
1ST RESPONDENT CORPROATION.
RESPONDENT(S)' EXHIBITS
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NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
A.MUHAMED MUSTAQUE, J.
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W.P.(C) No. 19952 OF 2014
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Dated this the 3rd day of February, 2015
JUDGMENT
The petitioner is working as a Assistant Grade I in the Kerala State Beverages (M&M) Corporation Ltd. Petitioner submits that even though she possess requisite qualifications as per special rules to be promoted asAssistant Manager/Accountant, the Corporation failed to take action to promote her. It is submitted that there are vacancies of Assistant Manager/Accountant in the cadre to promote the petitioner. Accordingly, the petitioner has approached this Court.
2. A counter affidavit has been filed by the respondents. In the counter affidavit, particularly in paragraph 11, it is stated that the Corporation have an Advisory Committee and a system of performance appraisal for the purpose of considering employees for promotion to the posts of Asst. Manager/Accountant. It is admitted that the petitioner is W.P.(c).No.19952 of 2014 : 2 : having requisite qualifications. It is further submitted that it is on account of requirement to complete this procedural formalities, delay is occurred for effecting the promotion.
3. Considering the nature of the contentions raised in the counter affidavit, I am of the view that the entire exercise for effecting promotion to the post of Assistant Manager/Accountant shall be completed within a period of two months from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, Judge.
dpk /true copy/ PS to Judge.
W.P.(c).No.19952 of 2014 : 3 :