Kerala High Court
Biju S. Nair vs Union Of India on 10 September, 1998
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
WEDNESDAY, THE 27TH DAY OF FEBRUARY 2013/8TH PHALGUNA 1934
WP(C).No. 22336 of 2008 (H)
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PETITIONER(S):
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BIJU S. NAIR, S/O. R. SASIDHARAN NAIR,
VASANTI NAGAR, T.C. 79 -1364, KARRIKKAKOM,
THIRUVANANTHAPURAM - 695 007.
BY ADVS.SMT.SREEDEVI KYLASANATH
SRI.K.JITHIN
SMT.V.J.SAFEENA
SRI.S.SANJITH
RESPONDENT(S):
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1. UNION OF INDIA, REPRESENTED BY
SECRETRY FOR FOOD AND CONSUMER
AFFAIRS DEPARTMENT.
2. FOOD CORPORATION OF INDIA,
REPRESENTED BY MANAGING DIRECTOR, HEAD QUARTER,
NEW DELHI-110 001.
3. ZONAL MANAGER, ZONAL OFFICE,
FOOD CORPORATION OF INDIA, CHENNAI.
4. REGIONAL MANAGER,FOOD CORPORATION OF INDIA, REGIONAL OFFICE,
KESAVADASAPURAM, THIRUVANANTHAPURAM, 695 004.
5. DISTRICT MANAGER, FOOD CORPORATION OF
INDIA, DISTRICT OFFICE, VALIYATHURA
THIRUVANANTHAPURAM- 695 008.
R1 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA
R2 TO R5 BY SRI.P.JACOB VARGHESE,SENIOR ADVOCATE
ADV. SRI.VIVEK VARGHESE P.J.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 27-02-2013, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
sts
WP(C)NO.22336/2008
APPENDIX
PETITIONER'S EXHIBITS:
P1 COPY OF THE AGENDA OF THE MEETING HEOD IN THE DISTRICT OFFICE, FOOD
CORPORATION OF INDIA , THIRUVANANTHAPURAM DATED 10/9/1998
P2 COPY OF THE CERTIFICATE DATED 17/10/2000 ISSUED BY DISTRICT MANAGER,
DESCRIBING THE PARTICULARS OF THE SERVICE OF R. SASIDHARAN NAIR
P3 COPY OF THE REPRESENTATION THROUGH A LETTER DATED 22/1/2002 TO THE
HON'BLE MINISTER OF STATE FOR RAILWAY SENT BY PETITIONER.
P4 COPY OF THE FORWARDING LETTER DATED 27/7/2002 OF GEORGE KURIAN
P5 COPY OF THE LETTER DATED 30/7/2002 PRIVATE SECRETARY TO MINISTER TO
GEORGE KURIAN
P6 COPY OF THE REPRESENTATION DATED 20/10/2002 SENT BY PETITIONER TO
THE SECRETARY,FOOD CORPORATION OF INDIA EMPLOYEES UNION ALSO
P7 COPY OF THE LETTER DATED 30/9/2003 OF 3RD RESPONDENT.
P8 COPY OF THE LETTER AT 17.10.2003 SENT BY PETITIONER TO ZONAL
MANAGER, FOOD CORPORATION OF INDIA.
P8(A) COPY OF THE COMMUNICATION AT 20.10.03 OF 3RD RESPONDENT TO
PETITIONER.
P9 COPY OF THE REPRESENTATION DATED 15.05.2006 SENT BY PETITIONER TO
THE ZONAL MANAGER, FOOD CORPORATION OF INDIA
P10 COPY OF THE LETTER AT 20.06.2006 SENT BY AREA MANAGER, THE FOOD
CORPORATION OF INDIA TO THE PETITIONER.
P10(A) COPY OF THE OFFICE MEMORANDUM AT 05.05.2003 ISSUED BY THE MINISTRY
OF PERSONNEL, PUBLIC GRIEVANCE AND PENSIONS,DEPARTMENT OF
PERSONNEL AND TRAINING
P11 COPY OF THE REPRESENTATION DATED 11/7/2006 TO THE ZONAL MANAGER,
ZONAL OFFICE,FOOD CORPORATION OF INDIA, THE 3RD RESPONDENT.
P12 COPY OF THE COMMUNICATION DATED 08/04/2008 SENT BY DY.GENL.MANAGER
(PER)/CAPIO FOR GEN.MANAGER(WZ) TO THE PETITIONER.
P13 COPY OF THE COMMUNICATION DATED 06/12/2007 SENT BY MANAGER(RTI),TO
THE PETITIONER.
P13(A) COPY OF THE COMPASSINATE APPOINTMENTS MADE DURING 2004
sts 2/-
-2-
WP(C)NO.22336/2008
P14 COPY OF THE REPRESENTATION DATED 16/4/2008 SENT BY PETITIONER TO 1ST
RESPONDENT ALONG WITH POSTAL ORDERS
P15 COPY OF THE SANCTION ORDER BY WHICH RS.15,000/- WAS GRANTED DATED
10/09/2008
P16 COPY OF THE PROCEEDINGS DECUCTING RS.59,726/- FROM RS.1,00,000/- AS
GRATUITY DATED 21/10/2008
P17 COPY OF THE SALARY CERTIFICATE OF MY MOTHER DATED 30/04/99
P18 COPY OF THE CERTIFICATE ISSUED UNDER EPF PENSION SCHEME DATED
02/02/2001
P19 COPY OF THE SALARY SLIP OF MY MOTHER DATED 15/10/2003 SHOWING NET
SALARY AND LIABILITIES
P20 COPY OF THE MEDICAL CERTIFICATE SHOWING THAT MY MOTHER IS A HEART
PATIENT DATED 26/05/2000
P21 COPY OF THE PROMISSORY NOTE GIVEN BY MOTHER TO S.R.INDHU DATED
26/03/02.
RESPONDENT'S EXHIBITS: NIL
/TRUE COPY/
P.A.TO.JUDGE
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C.K. ABDUL REHIM, J.
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W.P.(c) No. 22336 OF 2008
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DATED THIS THE 27th DAY OF FEBRUARY, 2013
J U D G M E N T
In this writ petition the petitioner is challenging Ext.P10 order issued by the 2nd respondent Corporation rejecting his claim for compassionate appointment under the DDE quota. The rejection is made on the ground that, appointments pending for more than 3 years cannot be considered, in accordance with the circular issued by the 2nd respondent on the basis of orders of the 1st respondent.
2. Petitioner has produced Ext.P22, a letter issued by the Area Manager of the 2nd respondent Corporation intimating that the Corporation has decided to re-open the applications for compassionate appointments, which were already rejected on the basis that the time limit had exceeded 3 years. In the said letter the petitioner was requested to produce certain documents if he is still interested in joining the Corporation. W.P.(c) No.22336/2008 -2-
3. Sri. P. Jacob Vargheese, learned Senior counsel appearing for the 2nd respondent Corporation submitted that, in view of the changed policy the application will be considered afresh and appropriate decision will be taken on the basis of eligibility.
4. Under the above mentioned circumstances, the writ petition is hereby closed, reserving liberty to the petitioner to seek appointment by producing requisite documents on the basis of Ext.P22 letter.
5. It is made clear that if the petitioner is aggrieved by any further decision which will be taken, he will be at liberty to challenge the same.
Sd/-
C.K. ABDUL REHIM, JUDGE.
AMG True copy P.A to Judge