Kerala High Court
Sunitha Chandran C vs The Kerala Institute Of Co-Operative ... on 1 February, 2016
Author: K.Harilal
Bench: K.Harilal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.HARILAL
MONDAY, THE 28TH DAY OF MARCH 2016/8TH CHAITHRA, 1938
WP(C).No. 11657 of 2016 (F)
----------------------------
PETITIONER(S):
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1. SUNITHA CHANDRAN C.,
W/O.S.PRADEEP, OFFICE ASSISTANT,
KERALA INSTITUTE OF CO-OPERATIVE MANAGEMENT,
THIRUVANANTHAPURAM, RESIDING AT KRISHNAMANGALAM,
TC 18/941, NJALIKONAM, KUNNAPUZHA, ARAMADA.P.O.,
THIRUVANANTHAPURAM-695 032.
2. SOBHI S.,
W/O.R.JOHNSON, FEMALE WARDEN,
KERALA INSTITUTE OF CO-OPERATIVE MANAGEMENT,
THIRUVANANTHAPURAM, RESIDING AT KARUNYA,
MULLANKALLU, PARANDODE.P.O.,
THIRUVANANTHAPURAM-695 542.
3. SURESH KUMAR,
S/O.K.VAMADEVAN NAIR, ELECTRICIAN,
KERALA INSTITUTE OF CO-OPERATIVE MANAGEMENT,
THIRUVANANTHAPURAM, RESIDING AT SUNITHA BHAVAN,
DAIVAPPURA, PANTHA.P.O., KATTAKADA,
THIRUVANANTHAPURAM-695 572.
4. SINDHU M.I.,
W/O.K.R.BIJU, DTP OPERATOR,
KERALA INSTITUTE OF CO-OPERATIVE MANAGEMENT,
THIRUVANANTHAPURAM, RESIDING AT CHANDRALAYAM,
THIRUPURAM, NEYYATTINKARA, THIRUVANANTHAPURAM.
5. SANTHA T.,
D/O.GOPI P, SWEEPER,
KERALA INSTITUTE OF CO-OPERATIVE MANAGEMENT,
THIRUVANANTHAPURAM, RESIDING AT THACHANCODE,
VADAKKUMKARA VEEDU, NEYYAR DAM.P.O.,
THIRUVANANTHAPURAM-695 572.
6. LEKHA R.R
D/O.RAVEENDRAN NAIR, SWEEPER,
KERALA INSTITUTE OF CO-OPERATIVE MANAGEMENT,
THIRUVANANTHAPURAM, RESIDING AT HARIKRISHNA
BHAVAN, MARAKUNAM, NEYYAR DAM.P.O.,
THIRUVANANTHAPURAM-695 572.
...2
WP(C).No. 11657 of 2016 (F) (2)
7. ANILKUMAR T.,
S/O.S.THANKAPPAN NAIR, DRIVER,
KERALA INSTITUTE OF CO-OPERATIVE MANAGEMENT,
THIRUVANANTHAPURAM,
RESIDING AT CHALACHAL LALITHA NIVAS,
SARODAYAM ROAD, VELLAYANI, NEMOM,
THIRUVANANTHAPURAM.
8. DEEPA A.P., W/O.SURESH KUMAR B., LIBRARIAN,
KERALA INSTITUTE OF CO-OPERATIVE MANAGEMENT,
THIRUVANANTHAPURAM, RESIDING AT SUDHAKARA VILASAM,
KOTTAPURAM, KOLLODE.P.O., KATTAKADA,
THIRUVANANTHAPURAM-695 572.
9. PRAVITHA V.P.,
W/O.SREEJITH R.V., SYSTEM ADMINISTRATOR,
KERALA INSTITUTE OF CO-OPERATIVE MANAGEMENT,
THIRUVANANTHAPURAM.
10. MEERA K.R.,W/O.ANIL J., DTP OPERATOR,
KERALA INSTITUTE OF CO-OPERATIVE MANAGEMENT,
THIRUVANANTHAPURAM, RESIDING AT SREERAM,
HOUSE NO.102, MANAVA NAGAR, PALKULANGARA,
THIRUVANANTHAPURAM-695 024.
BY ADVS. SRI.K.T.SHYAMKUMAR
SRI.VAZHUTHACAUD R. NARENDRAN NAIR
SRI.HARISH R. MENON
RESPONDENT(S):
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1. THE KERALA INSTITUTE OF CO-OPERATIVE MANAGEMENT
(KICMA), NETTUKAL HILLS, NEYYARDAM,
THIRUVANANTHAPURAM-695 572,
REPRESENTED BY ITS DIRECTOR.
2. THE STATE CO-OPERATIVE UNION,KERALA,
SAMSTHANA SAHAKARANA BHAVAN,
OOTTUKUZHY, THIRUVANANTHAPURAM-695 001,
REPRESENTED BY ITS SECRETARY.
3. STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF CO-OPERATION,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
R3 BY GOVERNMENT PLEADER SRI.T.R.RAJESH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28-03-2016, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(C).No. 11657 of 2016 (F)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1- TRUE COPY OF THE INDIVIDUAL REPRESENTATIONS DATED 1.2.2016
SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT
SEEKING REGULARIZATION OF SERVICE ALONG WITH ENGLISH
TRANSLATIONS.
P1(A)- TRUE COPY OF THE INDIVIDUAL REPRESENTATIONS DATED
1.2.2016 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND
RESPONDENT SEEKING REGULARIZATION OF SERVICE ALONG WITH
ENGLISH TRANSLATIONS.
P1(B)- TRUE COPY OF THE INDIVIDUAL REPRESENTATIONS DATED
1.2.2016 SUBMITTED BY THE 3RD PETITIONER BEFORE THE 2ND
RESPONDENT SEEKING REGULARIZATION OF SERVICE ALONG WITH
ENGLISH TRANSLATIONS.
P1(C)- TRUE COPY OF THE INDIVIDUAL REPRESENTATIONS DATED
1.2.2016 SUBMITTED BY THE 4TH PETITIONER BEFORE THE 2ND
RESPONDENT SEEKING REGULARIZATION OF SERVICE ALONG WITH
ENGLISH TRANSLATIONS.
P1(D)- TRUE COPY OF THE INDIVIDUAL REPRESENTATIONS DATED
1.2.2016 SUBMITTED BY THE 5TH PETITIONER BEFORE THE 2ND
RESPONDENT SEEKING REGULARIZATION OF SERVICE ALONG WITH
ENGLISH TRANSLATIONS.
P1(E)- TRUE COPY OF THE INDIVIDUAL REPRESENTATIONS DATED
1.2.2016 SUBMITTED BY THE 6TH PETITIONER BEFORE THE 2ND
RESPONDENT SEEKING REGULARIZATION OF SERVICE ALONG WITH
ENGLISH TRANSLATIONS.
P1(F)- TRUE COPY OF THE INDIVIDUAL REPRESENTATIONS DATED
1.2.2016 SUBMITTED BY THE 7TH PETITIONER BEFORE THE 2ND
RESPONDENT SEEKING REGULARIZATION OF SERVICE ALONG WITH
ENGLISH TRANSLATIONS.
P1(G)- TRUE COPY OF THE INDIVIDUAL REPRESENTATIONS DATED
1.2.2016 SUBMITTED BY THE 8TH PETITIONER BEFORE THE 2ND
RESPONDENT SEEKING REGULARIZATION OF SERVICE ALONG WITH
ENGLISH TRANSLATIONS.
P1(H)- TRUE COPY OF THE INDIVIDUAL REPRESENTATIONS DATED
1.2.2016 SUBMITTED BY THE 9TH PETITIONER BEFORE THE 2ND
RESPONDENT SEEKING REGULARIZATION OF SERVICE ALONG WITH
ENGLISH TRANSLATIONS.
P1(I)- TRUE COPY OF THE INDIVIDUAL REPRESENTATIONS DATED
1.2.2016 SUBMITTED BY THE 10TH PETITIONER BEFORE THE 2ND
RESPONDENT SEEKING REGULARIZATION OF SERVICE ALONG WITH
ENGLISH TRANSLATIONS.
...2
WP(C).No. 11657 of 2016 (F) (2)
EXT.P2- TRUE COPY OF THE INDIVIDUAL REPLY DATED 24.2.2016
ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER ALONG WITH
ENGLISH TRANSLATIONS.
P2(A)- TRUE COPY OF THE INDIVIDUAL REPLY DATED 24.2.2016
ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER ALONG WITH
ENGLISH TRANSLATIONS.
P2(B)- TRUE COPY OF THE INDIVIDUAL REPLY DATED 24.2.2016
ISSUED BY THE 2ND RESPONDENT TO THE 3RD PETITIONER ALONG WITH
ENGLISH TRANSLATIONS.
P2(C)- TRUE COPY OF THE INDIVIDUAL REPLY DATED 24.2.2016
ISSUED BY THE 2ND RESPONDENT TO THE 4TH PETITIONER ALONG WITH
ENGLISH TRANSLATIONS.
P2(D)- TRUE COPY OF THE INDIVIDUAL REPLY DATED 24.2.2016
ISSUED BY THE 2ND RESPONDENT TO THE 5TH PETITIONER ALONG WITH
ENGLISH TRANSLATIONS.
P2(E)- TRUE COPY OF THE INDIVIDUAL REPLY DATED 24.2.2016
ISSUED BY THE 2ND RESPONDENT TO THE 6TH PETITIONER ALONG WITH
ENGLISH TRANSLATIONS.
P2(F)- TRUE COPY OF THE INDIVIDUAL REPLY DATED 24.2.2016
ISSUED BY THE 2ND RESPONDENT TO THE 7TH PETITIONER ALONG WITH
ENGLISH TRANSLATIONS.
P2(G)- TRUE COPY OF THE INDIVIDUAL REPLY DATED 24.2.2016
ISSUED BY THE 2ND RESPONDENT TO THE 8TH PETITIONER ALONG WITH
ENGLISH TRANSLATIONS.
P2(H)- TRUE COPY OF THE INDIVIDUAL REPLY DATED 24.2.2016
ISSUED BY THE 2ND RESPONDENT TO THE 9TH PETITIONER ALONG WITH
ENGLISH TRANSLATIONS.
P2(I)- TRUE COPY OF THE INDIVIDUAL REPLY DATED 24.2.2016
ISSUED BY THE 2ND RESPONDENT TO THE 10TH PETITIONER ALONG WITH
ENGLISH TRANSLATIONS.
EXT.P3- TRUE COPY OF THE INDIVIDUAL REPRESENTATIONS DATED
4.3.2016 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD
RESPONDENT ALONG WITH ENGLISH TRANSLATIONS.
P3(A)- TRUE COPY OF THE INDIVIDUAL REPRESENTATIONS DATED
4.3.2016 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 3RD
RESPONDENT ALONG WITH ENGLISH TRANSLATIONS.
P3(B)- TRUE COPY OF THE INDIVIDUAL REPRESENTATIONS DATED
4.3.2016 SUBMITTED BY THE 3RD PETITIONER BEFORE THE 3RD
RESPONDENT ALONG WITH ENGLISH TRANSLATIONS.
...3
WP(C).No. 11657 of 2016 (F) (3)
P3(C)- TRUE COPY OF THE INDIVIDUAL REPRESENTATIONS DATED
4.3.2016 SUBMITTED BY THE 4TH PETITIONER BEFORE THE 3RD
RESPONDENT ALONG WITH ENGLISH TRANSLATIONS.
P3(D)- TRUE COPY OF THE INDIVIDUAL REPRESENTATIONS DATED
4.3.2016 SUBMITTED BY THE 5TH PETITIONER BEFORE THE 3RD
RESPONDENT ALONG WITH ENGLISH TRANSLATIONS.
P3(E)- TRUE COPY OF THE INDIVIDUAL REPRESENTATIONS DATED
4.3.2016 SUBMITTED BY THE 6TH PETITIONER BEFORE THE 3RD
RESPONDENT ALONG WITH ENGLISH TRANSLATIONS.
P3(F)- TRUE COPY OF THE INDIVIDUAL REPRESENTATIONS DATED
4.3.2016 SUBMITTED BY THE 7TH PETITIONER BEFORE THE 3RD
RESPONDENT ALONG WITH ENGLISH TRANSLATIONS.
P3(G)- TRUE COPY OF THE INDIVIDUAL REPRESENTATIONS DATED
4.3.2016 SUBMITTED BY THE 8TH PETITIONER BEFORE THE 3RD
RESPONDENT ALONG WITH ENGLISH TRANSLATIONS.
P3(H)- TRUE COPY OF THE INDIVIDUAL REPRESENTATIONS DATED
4.3.2016 SUBMITTED BY THE 9TH PETITIONER BEFORE THE 3RD
RESPONDENT ALONG WITH ENGLISH TRANSLATIONS.
P3(I)- TRUE COPY OF THE INDIVIDUAL REPRESENTATIONS DATED
4.3.2016 SUBMITTED BY THE 10TH PETITIONER BEFORE THE 3RD
RESPONDENT ALONG WITH ENGLISH TRANSLATIONS.
RESPONDENT(S)' EXHIBITS : NIL
-----------------------
OKB
// TRUE COPY //
P.A. TO JUDGE
K.HARILAL, J.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
W.P.(C) No.11657 of 2016
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Dated this the 28th day of March, 2016
JUDGMENT
~ ~ ~ ~ ~ The petitioners are employees working in the Kerala Institute of Co-operative Management, the 1st respondent herein. They were originally appointed on a consolidated monthly pay basis. Later, they were placed in a scale of pay and given corresponding monetary benefits. However, the services of the petitioners were not regularised for the reason that the Government has not granted sanction for the creation of posts in the 1st respondent Institute. Many of the petitioners have been working in the Institute nearly for ten years and submitted individual representations to the 2nd respondent, praying for regularising their services. But, the 2nd respondent, by Ext.P2, informed the petitioners that they have WP(C).11657/16-F (2) applied for sanction of posts before the Government and that further action for regularisation of service of the petitioners can be taken only after the Government grants sanction. Hence the petitioners have filed Ext.P3 series of representations before the 3rd respondent pointing out that they have been in service for the past several years and requesting to issue orders granting sanction for creation of posts and to regularise their services. But, no action has been taken so far on Ext.P3 series of representations. It is with this grievance the petitioners have filed this writ petition seeking a direction to the 3rd respondent to consider and pass orders on Ext.P3 series of representations submitted by the petitioners, at the earliest.
2. Heard the learned counsel for the petitioners and the learned Government Pleader.
3. Having regard to the grievance highlighted and the limited relief sought for, in this writ WP(C).11657/16-F (3) petition, this Court finds that the grievance of the petitioners deserves to be considered and addressed by the Government, at the earliest.
4. Consequently, the 3rd respondent is directed to consider and pass orders on Ext.P3 series of representations at the earliest, at any rate, within a period of two months from the date of receipt of a copy of this judgment.
This writ petition is disposed of accordingly.
Sd/-
K. HARILAL, JUDGE okb/28.3