P.Radhakrishnan vs The Cochin Devaswom Board on 11 December, 2019

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Kerala High Court

P.Radhakrishnan vs The Cochin Devaswom Board on 11 December, 2019

Bench: P.V.Asha

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

 WEDNESDAY, THE 11TH DAY OF DECEMBER 2019 / 20TH AGRAHAYANA, 1941

                      WP(C).No.33746 OF 2019(P)


PETITIONER:

               P.RADHAKRISHNAN,
               AGED 54 YEARS,
               S/O K. RAVUNNIKURUKKAL, WATCHMAN-CUM-PEON,
               VADAKKUMNADHAN DEVASWOM, COCHIN DEVASWOM BOARD,
               THRISSUR-680 001.

               BY ADVS.
               SRI.ELVIN PETER P.J.
               SRI.K.R.GANESH
               SMT.N.R.REESHA
               SMT.T.S.LIKHITHA

RESPONDENTS:

      1        THE COCHIN DEVASWOM BOARD,
               REPRESENTED BY ITS SECRETARY,
               OFFICE OF THE COCHIN DEVASWOM BOARD,
               THRISSUR-680 001.

      2        THE SECRETARY,
               THE COCHIN DEVASWOM BOARD,
               OFFICE OF THE COCHIN DEVASWOM BOARD,
               THRISSUR-680 001.

      3        SRI.UDAYAN,
               COUNTER ASSISTANT, THIRUVALWAMALA DEVASWOM,
               COCHIN DEVASWOM BOARD, THRISSUR-680 588.

               BY ADV. SRI.K.P.SUDHEER,SC,CDB

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION          ON
11.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.33746 OF 2019

                                            2




                                      JUDGMENT

The petitioner challenges Ext.P6 show cause notice issued on 28.11.2019 proposing his reversion on the ground that there is another person, who is senior to him and eligible for promotion as Watchman-cum-Peon from among the disabled hands.

2. According to the petitioner, unless and until his promotion is challenged that cannot be revised or reviewed and therefore the proceedings initiated as per Ext.P6 are unsustainable. The Ext.P6 is only a show cause notice and promotions are to be made on the basis of seniority.

3. The respondents have found that a person, who is senior to petitioner is denied promotion. Even otherwise, if at all, petitioner has any objection, it is for the petitioner to raise it before the respondent, who issued the show cause notice.

WP(C).No.33746 OF 2019 3 Therefore I find that the writ petition is premature and petitioner does not deserve any relief from this Court.

Accordingly, this writ petition is dismissed.

Sd/-

P.V.ASHA JUDGE ww WP(C).No.33746 OF 2019 4 APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE PHOTOCOPY OF THE CERTIFICATE DATED 24.4.2002 ISSUED BY THE MEDICAL BOARD, MEDICAL COLLEGE HOSPITAL, THRISSUR TO THE PETITIONER.

EXHIBIT P2 TRUE PHOTOCOPY OF THE ORDER NO.M.3304/14 DATED 17.6.2017 OF THE 1ST RESPONDENT. EXHIBIT P3 TRUE PHOTOCOPY OF THE ORDER NO.M.3304/14 DATED 21.6.2017 PROMOTING AND APPOINTING THE PETITIONER AS WATCHMAN-CUM-PEON OF THE 1ST RESPONDENT.

EXHIBIT P4 TRUE PHOTOCOPY OF THE ORDER NO.M-7721/18 DATED 27.7.2018 DECLARING THE PROBATION OF THE PETITIONER IN THE CATEGORY OF WATCHMAN- CUM-PEON ISSUED BY THE 1ST RESPONDENT BOARD.

EXHIBIT P5 TRUE PHOTOCOPY OF THE ORDER NO.M.3304/2014 DATED 26.7.2019 ISSUED BY THE RESPONDENTS 1 AND 2.

EXHIBIT P6 TRUE PHOTOCOPY OF THE SHOW CAUSE NOTICE NO.M.3304/14 DATED 28.11.2019 ISSUED BY THE RESPONDENTS 1 AND 2.

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