Kerala High Court
S.Jyothish Kumar vs The State Of Kerala on 7 September, 2012
Author: Harun-Ul-Rashid
Bench: Harun-Ul-Rashid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID
FRIDAY, THE 7TH DAY OF SEPTEMBER 2012/16TH BHADRA 1934
WP(C).No. 20101 of 2012 (K)
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PETITIONER:
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S.JYOTHISH KUMAR,
ASSISTANT MANAGER,MATSYAFED
FISH MEAL PLANT ARRATTUPUZHA, ALAPPUZHA DISTRICT.
BY ADV. SRI.V.A.MUHAMMED
RESPONDENTS:
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1. THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT
FISHERIES DEPARTMENT, GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM-695 001.
2. THE DIRECTOR OF FISHERIES,
VIKAS BHAVAN, THIRUVANANTHAPURAM-695 033.
3. THE GENERAL MANAGER,
KERALA STATE CO-OPERAIVE FEDERATION
FOR FISHERIES DEVELOPMENT LTD.
(MATSYAFED), KAMALESWARAM
THIRUVANANTHAPURAM-695009.
BY ADV. SRI.GEORGE POONTHOTTAM, SC, MATSYAFED
BY GOVERNMENT PLEADER SRI. G.GOPAKUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 20101 of 2012 (K)
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1: OFFICE ORDER NO.DFDCQ.258/86 OF THE SECRETARY DTD. 7.2.1991.
EXT.P2: OFFICE ORDER NO.DFDCQ.238/88 OF THE SECRETARY DTD. 8.3.1991.
EXT.P3: G.O.(MS).NO.23/2000/F&PD DTD. 7.11.2000 ALONG WITH RELEVANT
PAGE OF THE REGULATION.
EXT.P4: ORDER NO.F3/610/2012(2) OF THE DIRECTOR DTD. 22.2.2012.
EXT.P5: ORDER NO.M.FED/E1/932/2012 OF R3 DTD. 17.5.2012.
EXT.P6: APPEAL FILED BEFORE THE GOVERNMENT DTD. 23.7.2012.
EXT.P7: OFFICE ORDER NO.M.FED/E1/2843/97 OF R3 DTD. 28.3.2001.
EXT.P8: DECISION REPORTED IN 1995 KHC 24.
RESPONDENTS' EXHIBITS: NIL
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// TRUE COPY //
P.A TO JUDGE.
HARUN-UL-RASHID, J.
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W.P.(C).No.20101 Of 2012
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Dated this the 7th day of September, 2012.
J U D G M E N T
The Director of Fisheries, by Ext.P4 order, has directed to recoup the excess pay and allowances availed by the petitioner consequent on counting of training period for sanctioning of first time bound higher grade. Being aggrieved by Ext.P4 order, the petitioner submitted an appeal before the Government requesting to set aside Ext.P4 order so far it relates to the reckoning of training period and to grant the second time bound higher grade to the petitioner after completion of 16 years of service with effect from 10.3.2009. Copy of the appeal memorandum is marked as Ext.P6. The petitioner sought for speedy disposal of Ext.P6 appeal.
2. Placing reliance on the decision reported in Ratnarajan v. Kerala Kerakarshaka Sahakarana Federation Ltd. (2012 (3) KLT 637), the learned counsel for the 3rd respondent pointed out that the petitioner has wrongly preferred appeal before the Government and the proper authority to ::2::
W.P.(C).No.20101 Of 2012 entertain and decide the matter is the Co-operative Arbitration Court.
3. In the light of the said submission, the learned counsel for the petitioner submits that he intends to prefer appeal before the Arbitration Court.
In the said circumstances, the writ petition is disposed of with a direction that in the event of the petitioner preferring an appeal within two weeks from today, the Arbitration Court shall entertain the appeal and shall decide the case on merits, within a period of three months from the date of receipt of appeal, as if the appeal is filed within the time prescribed.
HARUN-UL-RASHID, Judge.
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