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Kerala High Court

P.H.Abdul Kalam vs The Matsyafed on 27 January, 1984

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT:

                    THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

               THURSDAY, THE 19TH DAY OF MAY 2016/29TH VAISAKHA, 1938

                              WP(C).No. 17605 of 2016 (A)
                                  ----------------------------

PETITIONER(S):
-------------

                 P.H.ABDUL KALAM, MANAGER,
                  MATSYAFED ICE & FREEZING PLANT,
                 KOCHANGADI, KOCHI - 5,
                 (RESIDING AT ALIFMIA, AC S R ANO.15,
                  KALOOR, COCHIN 17)

                 BY ADV. SRI.ANCHAL C.VIJAYAN

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

        1. THE MATSYAFED
                 (KERALA STATE CO-OPERATIVE FEDERATION
                 FOR FISHERIES DEVELOPMENT LTD) NO.F(T) 738
                 REPRESENTED BY THE MANAGING DIRECTOR,
                 MATSYA BHAVAN, KAMALESWARAM,
                 MANACAUD P.O., THIRUVANANTHAPURAM 695 009.

        2. THE MANAGING DIRECTOR,MATSYAFED
                 MATSYA BHAVAN, KAMALESWARAM,
                 MANACAUD P.O., THIRUVANANTHAPURAM 695 009.

        3. GENERAL MANAGER,MATSYAFED
                 MATSYA BHAVAN, KAMALESWARAM,
                 MANACAUD P.O., THIRUVANANTHAPURAM 695 009.

        4. THE SECRETARY TO GOVERNMENT
                 DEPARTMENT OF FISHERIES AND PORTS (A),
                 GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM 695 001.

        5. THE DIRECTOR OF FISHERIES
                 DIRECTORATE OF FISHERIES,
                 VIKAS BHAVAN, THIRUVANANTHAPURAM 695 033.

        6. P.P.SURENDRAN
                 DEPUTY GENERAL MANAGER IN CHARGE,
                 (COMMERCIAL OPERATIONS), MATSYAFED,
                 MMATSYA BHAVAN, KAMALESWARAM,
                 MANACAUD P.O., THIRUVANANTHAPURAM 695 009.

                 R1-R3 BY ADV. SRI.GEORGE POONTHOTTAM, SC,MATSYAFED
                 BY SR.GOVERNMENT PLEADER SRI.V.VIJULAL

            THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 17605 of 2016 (A)
----------------------------

                                      APPENDIX

PETITIONER(S)' EXHIBITS
-----------------------
P1            TRUE COPY OF THE G.O.(MS) NO.7/84/TF & PD DATED 27/1/1984
             ISSUED BY THE GOVERNMENT OF KERALA

P2            COPY OF THE AUDIT MEMORADUM FOR THE YEAR 2006-07 PREPARED
             BY THE DIRECTORATE OF CO-OPERATIVE AUDIT

P3            TRUE COPY OF THE ORDER NO.MATSYAFED B1/4312/85
             DATED 2/7/1985 ISSUED BY THE GENERAL MANAGER, MATSYAFED.

P4            TRUE COPY OF THE ORDER NO.MATSYAFED B1/4312/85 (1)
             DATED 19/7/1985 ISSUED BY THE GENERAL MANAGER, MATSYAFED.

P5            TRUE COPY OF THE OFFICE ORDER NO.MFED/E1/1985/01
             DATED 24/5/2004 ISSUED BY THE 2ND RESPONDENT

P6            TRUE COPY OF THE OFFICE ORDER NO.MFED/E1/2801/05 DATED 25/2/2006
              ISSUED BY THE 2ND RESPONDENT

P7            TRUE COPY OF THE OFFICE ORDER NO.MATSYAFED/EI/2801/05
             DATED 27/06/2006 ISSUED BY THE 2ND RESPONDENT

P8            TRUE COPY OF G.O.(P) NO.5/2016/F &PD DATED 17/2/2016
             ISSUED BY THE ADDITIONAL CHIEF SECRETARY, FISHERIES AND
             PORTS (A) DEPARTMENT, STATE OF KERALA ALONG WITH
             RECRUITMENT RULES OF THE MATSYAFED

P9            TRUE COPY OF THE COMMUNICATION NO.MATSYAFED / E1/1359/2016
             DATED 29/4/2016 ISSUED BY THE 3RD RESPONDENT

P10            TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER TO THE
              2ND RESPONDENT DATED 12/5/2016

P11           TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER
             TO THE 3RD RESPONDENT DATED 12/5/2016

RESPONDENT(S)' EXHIBITS:             NIL
-----------------------


                                                                   //True Copy//

                                                                    P.A. To Judge

dlk



                    SHAJI P. CHALY, J
           ---------------------------------------
               W.P.(C) No.17605 of 2016
           ----------------------------------------
            Dated this the 19th day of May, 2016

                         JUDGMENT

This Writ Petition is filed by the petitioner seeking a direction to the second respondent to consider the grievance of the petitioner before finalising the select list of employees working in the service of the first respondent to the category of Deputy General Manager and for other related reliefs.

2. Seeking to ventilate the grievances, petitioner has submitted Ext.P10 representation before the second respondent with a prayer for consideration of the same by the Select committee and the same is pending consideration before the second respondent on and with effect from 12.5.2016, is the submission made by the counsel.

3. Heard the learned counsel for the petitioner and W.P.(C) No.17605 of 2016 2 the Standing Counsel appearing for respondents 1 to 3.

4. Having considered the rival submissions made by the respective parties, I am of the considered opinion that in view of the pendency of the representation before the second respondent seeking to ventilate the grievance of the petitioner it is only just and proper that a direction is issued to the second respondent to take on board Ext.P10 representation and consider the same, in accordance with law.

5. Therefore, there will a direction to the second respondent to take on board Ext.P10 representation and consider the same by the Select Committee, in accordance with law, within a period of one month from the date of receipt of a copy of this judgment.

Writ petition is disposed of accordingly.

Sd/-

SHAJI P. CHALY, JUDGE.

dlk/19/5/