Kerala High Court
O.S.Raj (Technician - Badge No.11660) vs Fertilizers And Chemicals Travancore on 19 June, 2012
Author: S.Siri Jagan
Bench: S.Siri Jagan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.SIRI JAGAN
TUESDAY, THE 19TH DAY OF JUNE 2012/29TH JYAISHTA 1934
WP(C).No. 33605 of 2007 (A)
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PETITIONERS:
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1. O.S.RAJ (TECHNICIAN - BADGE NO.11660),
S/O.O.K.SIVASANKARAN NAIR, OTTULLIL HOUSE
MULANTHURUTHY P.O., ERNAKULAM - 682 314.
2. K.V.PARAMESWARAN
(TECHNICIAN - BADGE NO.9779)
S/O.VASUDEVAN NAMBOODIRI, KOKKARA MANA
VARIKKOLI P.O., PUTHENCRUZ.
3. K.BALACHANDRAN
(TECHNICIAN - BADGE NO.10018)
S/O.M.PADMANABHA MENON, SNEHAM, RLY.STATION ROAD
TRIPUNITHURA.
4. JOHNSON PETER
(TECHNICIAN - BADGE NO.11658), S/O.PETER J.
ROSE VILLA, VELOORKARA, KARIMUGAL
PUTHENCRUZ.
5. T.P.PETER (TECHNICIAN-BADGE NO.11661),
S/O.T.P.PAULOSE, THURUTHUMMEL
PAZHAMTHOTTAM P.O. KOLENCHERY.
6. JOY M.JOHN
(TECHNICIAN - BADGE NO.40/13174), MARATHANAKUZHY
THIRUVANIYOOR P.O., ERNAKULAM - 682 308.
7. M.SASIDHARAN NAIR
(TECHNICIAN - BADGE NO.12583)
S/O.K.MADHAVAN PILLAI, SREESAILAM, NILA H.NO.55
IRUMPANAM P.O., ERNAKULAM.
8. M.T.VARGHESE
(TECHNICIAN - BADGE NO.10016), S/O.THOMAS M.J.
MADATHUMPADY HOUSE, KONGORPILLY P.O. ALUVA.
9. V.A.ALPHONSA
(TECHNICIAN - BADGE NO.9102), S/O.ANTHAPPAN V.A.
VARIYATH HOUSE, VAZHAKKALA, THRIKKAKARA P.O.
BY ADV. SRI.P.R.RAMACHANDRA MENON
RESPONDENTS:
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1. FERTILIZERS AND CHEMICALS TRAVANCORE
LIMITED (FACT IN SHORT)
REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR
UDYOGAMANDAL ELOOR, ERNAKULAM DISTRICT.
2. THE DIRECTOR (TECHNICAL) FACT LIMITED,
UDYOGAMANDAL, ELOOR, ERNAKULAM.
3. THE GENERAL MANAGER (PERSONNEL), FACT
LIMITED, UDYOGAMANDAL, ELOOR
ERNAKULAM.
4. THE DEPUTY CHIEF MANAGER, (HR)
FACT LIMITED, UDYOGAMANDAL, ELOOR
ERNAKULAM.
5. THANKAPPAN M.A,
(SENIOR TECHNICIAN - MECHANICAL), FACT LIMITED
UDYOGAMANDAL, ELOOR, ERNAKULAM.
R1,R3 &R4 BY ADVS. SRI.E.K.NANDAKUMAR
SRI.A.K.JAYASANKAR NAMBIAR
SRI.K.JOHN MATHAI
SRI.P.BENNY THOMAS
SRI.ANIL D. NAIR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 19-06-2012, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BP
WP(C).No. 33605 of 2007 (A)
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1: TRUE COPY OF THE BAN ORDER DTD 25/11/2002 ISSUED BY THE
MINISTRY OF CHEMICALS AND FERTILIZERS - DEPARTMENT OF
FERTILIZERS, GOVT. OF INDIA NEW DELHI.
EXT.P2: TRUE COPY OF THE JOINT LETTER DTD 26/12/06 OF THE TRADE UNIONS,
FORWARDING the REPRESENTATON DTD. 09/12/06 OF THE PETITIONERS
AND OTHERS TO THE 1ST RESPONDENT
EXT.P3: TRUE COPY OF THE ORDER NO.D(T) 18 DTD 26/12/2006 ISSUED BY THE
2ND RESPONDENT PRESCRIBING THE PROCEDURE FOR STAGNATION
PROMOTIONS.
EXT.P4: TRUE COPY OF THE ORDER DTD 18/12/2006 ISSUED BY THE 4TH
RESPONDENT PROMOTING THE 4TH RESPONDENT AS SENIOR
TECHNICIAN w.e.f. 16/03/05.
EXTP5: TRUE COPY OF THE ORDER NO.GM-HR-CO-204 DTD 31/08/2007, AS TO
IMPLEMENTATION OF THE STAGNATION PROMOTION IN RESPECT OF
NON-MANAGERIAL EMPLOYEES OF THE 1ST RESPONDENT
EXT.P5(a): -DO- NO.GM-HR-CO/205 DTD 31/08/07 IN RESPECT OF THE MANAGERIAL
EMPLOYEES.
RESPONDENT'S EXHIBITS: NIL
//TRUE COPY//
P.A. TO JUDGE
BP
S.SIRI JAGAN, J.
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W.P.(C).No. 33605 of 2007
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Dated this the 19th day of June, 2012
J U D G M E N T
Originally 9 petitioners filed this writ petition challenging the seniority and promotion granted to the 5th respondent. Subsequently, petitioners 1 to 6 and 8 withdrew from the writ petition. Out of the remaining petitioners, the 7th petitioner has subsequently been promoted giving seniority over the 5th respondent. But the 9th petitioner retired from service in the meanwhile. In the changed circumstances, the learned counsel for the petitioners submits that the remaining petitioners 7 and 9 may be permitted to file representations before the 1st respondent detailing their subsisting grievances and they seek a direction to the 1st respondent consider such representations to be so filed.
2. I have heard the learned Standing Counsel appearing for respondents 1 to 4 also.
3. In the facts and circumstances of the case, I dispose of this writ petition with the following directions;
Petitioners 7 and 9 may file proper representations before the 1st respondent detailing their subsisting grievances within w.p.c.33605/07 - : 2 :-
two weeks from today. On receipt of the same, the 1st respondent shall consider the same after affording an opportunity of being heard to petitioners 7 and 9, and pass appropriate orders thereon, as expeditiously as possible, at any rate, within one month from the date of receipt the representations. Petitioners 7 and 9 shall produce a certified copy of this judgment before the 1st respondent for compliance.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge