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Kerala High Court

Joseph Binoy C.J vs State Of Kerala on 1 August, 2014

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT:

                 THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

       TUESDAY, THE 21ST DAY OF NOVEMBER 2017/30TH KARTHIKA, 1939

                       WP(C).No. 37413 of 2017 (B)
                       ----------------------------


PETITIONER:
-----------

              JOSEPH BINOY C.J,AGED 45 YEARS,
              S/O AUGUSTINE JOSEPH,HELPER,
              MATSYAFED ICE AND FREEZING PLANT
              KOCHI 682 005.

              BY ADVS.SRI.P.NANDAKUMAR
                      SRI.S.ANEESH

RESPONDENT(S):
--------------

        1.    STATE OF KERALA,
              REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
              DEPARTMENT OF FISHERIES,GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM 695005.

        2.    THE MANAGING DIRECTOR,
              KERALA STATE CO-OPERATIVE FEDERATION
              FOR FISHERIES DEVELOPMENT LTD,(MATSYAFED),
              KAMALESWARAM,MAANACAUED P.O, THIRUVANANTHAPURM 695009.

              R1 BY SENIOR GOVERNMENT PLEADER SRI K.P.HARISH
              R2 BY ADV. SRI.T.P.PRADEEP, SC,

         THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
         ON 21-11-2017, THE COURT ON THE SAME DAY DELIVERED THE
         FOLLOWING:
K.V.
WP(C).No. 37413 of 2017 (B)
----------------------------


                                    APPENDIX

PETITIONERS EXHIBITS:
--------------------

P1;    TRUE COPY OF THE RELEVANT EXTRACT OF THE ORDER DATED 1.8.2014
       ISSUED BY THE 1ST RESPONDENT.

P2;    TRUE COPY OF THE RELEVANT EXTRACT OF THE PROCEEDINGS OF THE 2ND
       RESPONDENT DATED 1.9.2014.

P3;    TRUE COPY OF THE REPRESENTATION DATED 28.3.2016 SUBMITTED BY
       THE PETITIONER BEFORE THE 2ND RESPONDENT.

RESPONDENTS EXHIBITS:   NIL
--------------------


                                                   /TRUE COPY/


K.V.                                               P.S.TO JUDGE

                       SHAJI P. CHALY, J.
               -----------------------------------------------
                 W.P.(C) No.37413 of 2017
           -----------------------------------------------
        Dated this the 21st day of November, 2017

                        JUDGMENT

Petitioner was appointed as Mechanic under the 2nd respondent in the year 1998 and has continued as such till 2014. In the meanwhile, the State Government pursuant to a proposal made by the Registrar of Matsyafed accorded sanction for regularizing the services of those employees, who have completed more than 10 years of service under the 2nd respondent and consequentially 2nd respondent as per Ext.P2 order regularized the services of 113 qualified persons. Although the name of the petitioner is included in Ext.P2 order, he has been regularized against the lower post of Helper and not in the post of Mechanic in which post he was working. Aggrieved by the same, petitioner has submitted Ext.P3 representation before the 2nd respondent and seeks direction for early disposal of the same.

2. Having heard learned counsel for petitioner, W.P.(C) No.37413 of 2017 2 learned Senior Government Pleader and learned counsel appearing for the 2nd respondent, there will be a direction to the 2nd respondent to consider Ext.P3 in accordance with law and attain finality at the earliest and at any rate within six weeks from the date of receipt of a copy of this judgement, if required after securing necessary participation of the petitioner.

Writ petition is disposed of accordingly.

SH AJI P. CHALY JUDGE smv 21.11.2017