Kerala High Court
Vaisakh S vs The Kerala State Warehousing ... on 25 August, 2020
Author: C.S.Dias
Bench: C.S.Dias
1
WPC 16536 OF 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 25TH DAY OF AUGUST 2020 / 3RD BHADRA, 1942
WP(C).No.16536 OF 2020(N)
PETITIONER/S:
1 VAISAKH S.,AGED 29 YEARS
S/O. S. SOMAN NAIR, ASSISTANT MANAGER, KERALA STATE
WAREHOUSING CORPORATION, HEAD OFFICE, ERNAKULAM-
682016, RESIDING AT KURIYEDATH HOUSE, VAYALIL ROAD,
THIRUVANKULAM, ERNAKULAM DISTRICT-682305.
2 SURYAGAYATHRI,AGED 41 YEARS
W/O. CHARVAKA, ASSISTANT MANAGER, KERALA STATE
WAREHOUSING CORPORATION, HEAD OFFICE, ERNAKULAM-
682016, RESIDING AT MAHALAKSHMI, KAYIKKARA P.O.,
NEDUNGANDA-695307.
3 NAVYA DAMODARAN,AGED 33 YEARS
W/O. MAHESH B., ASSISTANT MANAGER, KERALA STATE
WAREHOUSING CORPORATION, HEAD OFFICE, ERNAKULAM-
682016, RESIDING AT SWATHY, OLAVILAM P.O., KANNUR
DISTRICT-673313.
4 KEVIN JOSE GEORGE,AGED 32 YEARS
S/O. GEORGE JOSEPH, ASSISTANT MANAGER, KERALA STATE
WAREHOUSING CORPORATION, HEAD OFFICE, ERNAKULAM-
682016, RESIDING AT KOORKKAMATTAM HOUSE, PADUVA
P.O., KOTTAYAM-686564.
5 ELDO T.K.,AGED 36 YEARS
S/O. KURIAKOSE T.U., ASSISTANT MANAGER, KERALA
STATE WAREHOUSING CORPORATION, HEAD OFFICE,
ERNAKULAM-682016, RESIDING AT THALAPUNCHAYIL HOUSE,
PAMPAKUDA P.O., PAMPAKUDA-686667, ERNAKULAM
DISTRICT.
6 SOJI A.,AGED 32 YEARS
D/O. M. ACHANKUNJU, ASSISTANT MANAGER, KERALA STATE
WAREHOUSING CORPORATION, HEAD OFFICE, ERNAKULAM-
682016, RESIDING AT PLAVILA VEEDU, KUZHIMATHICADU
P.O., KAREEPRA, KOLLAM-691509.
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WPC 16536 OF 2020
7 RESHMA V.K.,AGED 31 YEARS
D/O. V.K. HARIKUMAR, ASSISTANT MANAGER, KERALA
STATE WAREHOUSING CORPORATION, HEAD OFFICE,
ERNAKULAM-682016, RESIDING AT JYOTHIS KAYVEES, A.R.
NAGAR P.O., MALAPPURAM DISTRICT-676305.
8 NEETHU A.V., AGED 29 YEARS
D/O. T. VELAYUDHAN. ASSISTANT MANAGER, KERALA STATE
WAREHOUSING CORPORATION, REGIONAL OFFICE, NADAKKAVU
P.O., KOZHIKODE-673011.
9 DIVYA M.S.,AGED 34 YEARS
D/O. R. SELVARAJ, ASSISTANT MANAGER, KERALA STATE
WAREHOUSING CORPORATION, PAZHAKUTTY P.O.,
NEDUMANGADU, THIRUVANANTHAPURAM-695561.
10 ANAND M.T.,AGED 29 YEARS
S/O. LATE C. MOHANAN, ASSISTANT MANAGER, KERALA
STATE WAREHOUSING CORPORATION, REGIONAL OFFICE,
SABHAPATHY COIL STREET, CHALAI P.O.,
THIRUVANANTHAPURAM-695001.
11 MOHIDEEN KUNJU N.,AGED 30 YEARS
S/O. NAJEEB A., ASSISTANT MANAGER, KERALA STATE
WAREHOUSING CORPORATION,KALLELIBHAGOM, NEAR
KARUNAGAPPALLY RAILWAY GATE NO.1, KARUNAGAPPALLY-
690546.
12 JUSTINE THOMAS,AGED 32 YEARS
S/O. M.K. THOMASKUTTY, ASSISTANT MANAGER, KERALA
STATE WAREHOUSING CORPORATION, PALA P.O., KOTTAYAM-
686575.
13 ANJU RAJASREE B.S.,AGED 37 YEARS
D/O. BHASKARA RAJA P.K., ASSISTANT MANAGER, KERALA
STATE WAREHOUSING CORPORATION, SREE SASTHA
BUILDING, OPP. KOTTACKAL BHAGAVATHY TEMPLE, EDODI,
VADAKARA-673104.
14 ARJUN N.K.,AGED 29 YEARS
S/O. VENUGOPALAN, ASSISTANT MANAGER, KERALA STATE
WAREHOUSING CORPORATION, THAVAKKARA ROAD, CIVIL
STATION P.O., KANNUR-670002.
15 SREEROOP K.B., AGED 31 YEARS
S/O. K. BALAN, ASSISTANT MANAGER, KERALA STATE
WAREHOUSING CORPORATION, PADANNAKKADU P.O.,
KASARAGOD-671314.
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WPC 16536 OF 2020
16 SHAIJI BALAKRIYAN,AGED 37 YEARS
D/O. N. VIJAYAN, ASSISTANT MANAGER, KERALA STATE
WAREHOUSING CORPORATION, THALIPARAMBU, CHIRAVAKKU,
THALIPARAMBU-670141.
17 SREERAJ.P,AGED 29 YEARS
S/O. SREEKRISHNA P., ASSISTANT MANAGER, KERALA
STATE WAREHOUSING CORPORATION, NORTH-PARAVUR,
VANIYAKKAD, MANNAM P.O., NORTH PARAVUR-683520.
18 RAMZIYA K.A.,AGED 29 YEARS
D/O. K.K. ABDUL RASHEED, ASSISTANT MANAGER, KERALA
STATE WAREHOUSING CORPORATION, NEAR-CHALAKUDY
RAILWAY STATION, THRISSUR-680307.
19 SACHIN RAJAN M.,AGED 33 YEARS
S/O. M.M. RAJAN, ASSISTANT MANAGER, KERALA STATE
WAREHOUSING CORPORATION, NATTIKA, EDAMUTTOM,
TRICHUR-680568.
BY ADVS.
SRI.ELVIN PETER P.J.
SRI.K.R.GANESH
SMT.N.R.REESHA
SMT.T.S.LIKHITHA
RESPONDENT/S:
1 THE KERALA STATE WAREHOUSING CORPORATION
REPRESENTED BY ITS MANAGING DIRECTOR, P.B. NO.1727,
WAREHOUSING CORPORATION ROAD, KOCHI-682016.
2 THE MANAGING DIRECTOR
KERALA STATE WAREHOUSING CORPORATION, P.B. NO.1727,
WAREHOUSING CORPORATION ROAD, KOCHI-682016.
R1-2 BY SRI.MAJNU KOMATH, SC, K.S.W.C.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WPC 16536 OF 2020
C.S.DIAS, J.
======================
W.P.(C) No.16536 of 2020
======================
Dated this the 25th day of August, 2020.
JUDGMENT
The petitioners were appointed as Assistant Managers in the first respondent Corporation on the basis of Exts P2 to P18 Gazette Notification/appointment orders.
2. It is the case of the petitioners that their probation was for a period of one year, which they have successfully completed. The appointments of the petitioners were challenged in WP(C) 9964/2016. The writ petition was dismissed by this Court by Ext P19 judgment. After the probation period, the petitioners submitted Ext P20 representation, to declare their probation. But, there is inaction on the part of the Corporation. Thereafter, two employees who are similarly situated to the petitioners preferred WP(C) 5 WPC 16536 OF 2020 25299/2019 before this Court. This Court by Ext P21 judgment directed the Corporation to consider and dispose of the representations within a period of two months. However, the respondents did not comply with the judgment. Hence, the petitioners therein filed Contempt Case No.510/2020. Then the respondents took the stand that the judgment has been challenged in W.A No.1087/2018. In the said circumstances, this Court closed the Contempt Case. Thereafter, a similarly situated employee filed WP(C) 12885/2020. This Court after considering the matter in detail, by Ext P23 judgment dated 3.8.2020 held as follows:
"6. Having considered the contentions on both sides, I find that mere pendency of writ appeal cannot be a justifiable ground for not declaring probation. As long as Ext P3 judgment is not interdicted in any manner, petitioner would be entitled to be granted all service benefits on the basis of her actual service from 2.2.2016 based on her appointment on 27.1.2016. The further ground stated is the report based on an inspection conducted by Finance Department on 3.3.2020 and also the pendency of a Vigilance Case. It is pertinent to note that Ext P4 order dated 9.3.2020, declining the request of petitioner, does not refer to any inspection stated to have been conducted on 3.3.2020. The Vigilance Case appears to 6 WPC 16536 OF 2020 be in the stage of a preliminary enquiry. Petitioner is not implicated in any court of law and she does not have any knowledge or notice on it. Therefore there is absolutely no legal impediment in declaring the probation of the petitioner on the reasons stated.
7. Therefore, Ext P4 shall stand set aside. There shall be a direction to the respondents to pass orders on declaration of probation of the petitioner on the basis of the service rendered by her from 2.2.2016 onwards in accordance with the rules governing the employees of the Warehousing Corporation, within a period of one month from the date of receipt of a copy of the judgment and to grant her all consequential benefits within a further period of three months from the date of receipt of a copy of the judgment. It is made clear that it would be up to the respondents to take appropriate action in case anything is found against her in the Writ Appeal or the Vigilance Case, which is stated to be pending.
Accordingly, the writ petition is disposed of.
3. The petitioners seek the identical benefit of Ext P23 judgment passed by this Court.
4. The learned Standing Counsel appearing for the respondents has filed a statement. It is contended that W.A 1087/2018 and a Vigilance case are pending consideration. It is also contended that the Inspection 7 WPC 16536 OF 2020 Wing of the Financial Department of State Government has allegedly detected serious irregularities in the appointment of Assistant Managers. Therefore, the probation of the petitioners cannot be declared. Hence the writ petition be dismissed.
5. Heard Sri.Elvin Peter, the learned counsel appearing for the petitioners and Sri.Majnu Komath, the learned Standing Counsel appearing for the respondents.
6. Going by the statement filed by the learned Standing Counsel, it is seen that the very same stand taken in WP(C) 12885/2020 has been adopted in the present statement. This Court repelled the above contentions and allowed the writ petition by directing the respondents to declare the probation of the petitioner therein on the basis of the service rendered by her, in accordance with the Rules governing the employees of the Corporation, within a period of one month from the date of receipt of a copy of the judgment. It was also made clear that it would be up to 8 WPC 16536 OF 2020 the respondents to take appropriate action in case anything is found against the petitioners in the writ appeal or the vigilance case.
7. Taking into consideration the finding of this Court in Ext P23 judgment given to the employees similarly situated to the petitioners, I do not find any reason to differ or deviate from the said findings. Hence, I am of the considered opinion that the petitioners in this writ petition are also entitled to the very same benefit of Ext P23 judgment, subject to the very same observations made by this Court.
8. In the result, I allow this writ petition by directing the respondents to pass orders on declaration of probation of the petitioners on the basis of their service, in accordance with the rules governing the employees of the Corporation, as expeditiously as possible and at any rate within a period of one month from the date of receipt of a copy of the judgment. The petitioners shall also be granted all consequential benefits within a further period of three months from the 9 WPC 16536 OF 2020 date of receipt of a copy of the judgment. It is also made clear that it would be up to the respondents to take appropriate action in case anything is found against the petitioners in the Writ Appeal or the Vigilance Case, which is stated to be pending.
The writ petition is ordered accordingly.
Sd/-
C.S.DIAS JUDGE sks/25.8.2020 10 WPC 16536 OF 2020 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RELEVANT EXTRACT OF THE RANKED LIST PUBLISHED BY THE 1ST RESPONDENT CORPORATION DATED 10/02/2015.
EXHIBIT P2 TRUE COPY OF THE ORDER NO.
KSWC/ADMN.14/APPTS/AM/2015-16 DATED 27/01/2016 APPOINTING THE 1ST PETITIONER AS ASSISTANT MANAGER.
EXHIBIT P3 TRUE COPY OF THE ORDER NO.
KSWC/ADMN.14/APPTS/AM/2015-16 DATED 27/01/2016 APPOINTING THE 2ND PETITIONER AS ASSISTANT MANAGER.
EXHIBIT P4 TRUE COPY OF THE ORDER NO.
KSWC/ADMN.14/APPTS/AM/2015-16 DATED 27/01/2016 APPOINTING THE 3RD PETITIONER AS ASSISTANT MANAGER.
EXHIBIT P4(A) TRUE COPY OF THE NOTIFICATION DATED 16/08/2017 PUBLISHED IN THE GAZETTE DATED 24TH OCTOBER, 2017.
EXHIBIT P5 TRUE COPY OF THE ORDER NO.
KSWC/ADMN.14/APPTS/AM/2015-16 DATED 27/01/2016 APPOINTING THE 4TH PETITIONER AS ASSISTANT MANAGER.
EXHIBIT P6 TRUE COPY OF THE ORDER NO.
KSWC/ADMN.14/APPTS/AM/2015-16 DATED 27/01/2016 APPOINTING THE 5TH PETITIONER AS ASSISTANT MANAGER.
EXHIBIT P7 TRUE COPY OF THE ORDER NO.
KSWC/ADMN.14/APPTS/AM/2015-16 DATED 27/01/2016 APPOINTING THE 6TH PETITIONER AS ASSISTANT MANAGER.
EXHIBIT P8 TRUE COPY OF THE ORDER NO.
KSWC/ADMN.14/APPTS/AM/2015-16 DATED 27/01/2016 APPOINTING THE 7TH PETITIONER AS ASSISTANT MANAGER.
EXHIBIT P9 TRUE COPY OF THE ORDER NO.
KSWC/ADMN.14/APPTS/AM/2015-16 DATED 27/01/2016 APPOINTING THE 8TH PETITIONER AS ASSISTANT MANAGER.11
WPC 16536 OF 2020 EXHIBIT P10 TRUE COPY OF THE ORDER NO.
KSWC/ADMN.14/APPTS/AM/2015-16 DATED 27/01/2016 APPOINTING THE 9TH PETITIONER AS ASSISTANT MANAGER.
EXHIBIT P11 TRUE COPY OF THE ORDER NO.
KSWC/ADMN.14/APPTS/AM/2015-16 DATED 27/01/2016 APPOINTING THE 10TH PETITIONER AS ASSISTANT MANAGER.
EXHIBIT P12 TRUE COPY OF THE ORDER NO.
KSWC/ADMN.14/APPTS/AM/2015-16 DATED 27/01/2016 APPOINTING THE 11TH PETITIONER AS ASSISTANT MANAGER.
EXHIBIT P13 TRUE COPY OF THE ORDER NO.
KSWC/ADMN.14/APPTS/AM/2015-16 DATED 27/01/2016 APPOINTING THE 12TH PETITIONER AS ASSISTANT MANAGER.
EXHIBIT P14 TRUE COPY OF THE ORDER NO.
KSWC/ADMN.14/APPTS/AM/2015-16 DATED 27/01/2016 APPOINTING THE 15TH PETITIONER AS ASSISTANT MANAGER.
EXHIBIT P15 TRUE COPY OF THE ORDER NO.
KSWC/ADMN.14/APPTS/AM/2015-16 DATED 27/01/2016 APPOINTING THE 16TH PETITIONER AS ASSISTANT MANAGER.
EXHIBIT P16 TRUE COPY OF THE ORDER NO.
KSWC/ADMN.14/APPTS/AM/2015-16 DATED 27/01/2016 APPOINTING THE 17TH PETITIONER AS ASSISTANT MANAGER.
EXHIBIT P17 TRUE COPY OF THE ORDER NO.
KSWC/ADMN.14/APPTS/AM/2015-16 DATED 27/01/2016 APPOINTING THE 18TH PETITIONER AS ASSISTANT MANAGER.
EXHIBIT P18 TRUE COPY OF THE ORDER NO.
KSWC/ADMN.14/APPTS/AM/2015-16 DATED 27/01/2016 APPOINTING THE 19TH PETITIONER AS ASSISTANT MANAGER.
EXHIBIT P19 TRUE COPY OF THE JUDGMENT DATED 03/04/2018 IN WPC NO.9964/2016 OF THIS HON'BLE COURT.
EXHIBIT P20 TRUE COPY OF THE REPRESENTATION DATED 31/05/2018 SUBMITTED BY THE PETITIONER.12
WPC 16536 OF 2020 EXHIBIT P21 TRUE COPY OF THE JUDGMENT DATED 25/10/2019 IN WPC NO.25299/2019 OF THIS HON'BLE COURT.
EXHIBIT P22 TRUE COPY OF THE ORDER NO.
KSWC/EST/PF/RRMC/2019-20 DATED 09/03/2020 OF THE 2ND RESPONDENT.
EXHIBIT P23 TRUE COPY OF THE JUDGMENT DATED 03/08/2020 IN WPC NO.12885/2020 OF THIS HON'BLE COURT.
RESPONDENTS EXHIBITS EXHIBIT R1(A) - TRUE EXTRACT COPY OF THE LETTER NO.AGRICULTURE P.U.2/52/2020 DATED 30.5.2020 FROM THE GOVERNMENT SECRETARY TO MANAGING DIRECTOR KERALA STATE WAREHOUSING CORPORATION