Kerala High Court
Valsamma P.Joseph vs Food Craft Institute (Kerala) Society on 25 November, 1998
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
TUESDAY, THE 18TH DAY OF DECEMBER 2012/27TH AGRAHAYANA 1934
WP(C).No. 28619 of 2012 (B)
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PETITIONER(S):
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VALSAMMA P.JOSEPH, AGED 58 YEARS
PUTHEN PARAMBIL, KUMARAKOM P.O., KOTTAYAM.
BY ADV. SRI.GEORGE ZACHARIAH ERUTHICKAL
RESPONDENT(S):
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1. FOOD CRAFT INSTITUTE (KERALA) SOCIETY
TC - 26/849(1) SABARISYAM
WOMEN'S UNIVERSITY HOSTEL JN.VAZHUTHACAUD
THIRUVANANTHAPURAM 695 014
REPRESENTED BY ITS VICE-CHAIRMAN.
2. THE DIRECTOR, FOOD CRAFT INSTITUTE (KERALA) SOCIETY
TC - 26/849(1) SABARISYAM
WOMEN'S UNIVERSITY HOSTEL JN.VAZHUTHACAUD
THIRUVANANTHAPURAM - 695 014.
3. THE SECRETARY TO THE DEPARTMENT OF TOURISM
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM.
R1,R2 BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL
R3 BY GOVERNMENT PLEADER SMT. M.J. RAJASREE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 28619 of 2012 (B)
APPENDIX
PETITIONER(S) EXHIBITS
EXT.P-1 COPY OF THE ANNEXURE RECRUITMENT OF THE STAFF
RULES.
EXT.P-2 COPY OF THE G.O(MS) NO.3000/98/FIN DATED 25-11-1998.
EXT.P-3 COPY OF THE JUDGEMENT DATED 14.01.2008 IN W.P(C)
NO.3182 OF 2005 ON THE FILES OF THE HONOURABLE HIGH COURT
OF KERALA.
EXT.P-4 COPY OF THE ORDER NO.C-29/2008 DATED 04.09.2008.
EXT.P-5 COPY OF THE APPEAL DATED 04.11.2008 PREFERRED TO THE
VICE CHAIRMAN OF THE FIRST RESPONDENT.
EXT.P-6 COPY OF THE REPRESENTATION DATED 11.11.2011 SUBMITTED
TO THE HONOURABLE CHIEF MINISTER OF KERALA BY THE HUSBAND
OF THE PETITIONER.
EXT.P-7 COPY OF THE REPRESENTATION DATED 24.11.2012 INFORMED
TO THE VICE CHAIRMAN OF THE 1ST RESPONDENT SOCIETY.
RESPONDENTS' EXHIBITS : NIL
//True copy//
P.A. TO JUDGE
Shg/
P.R.RAMACHANDRA MENON, J.
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W.P.(c) No.28619 OF 2012
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Dated this the 18th day of December , 2012
JUDGMENT
The petitioner has approached this Court with the following prayers :
"(i) A writ of mandamus or any other writ or direction, directing the 1st and 3rd respondents to dispose of Ext.P5 appeal, within a stipulated reasonable time;
(ii) A writ of mandamus or any other
appropriate writ or direction, directing the
respondents, to declare that, the petitioner has been eligible to get the 2nd time bound higher grade from 01.11.1998, corresponding to the post of Office Superintendent cum Accountant, and also to grant the arrears of salary in this regard from 01.11.1998, as per Ext.P2, to the petitioner.
(iii) Any other writ or direction which this Honourable Court, deems fit and necessary, in the facts and circumstances of the case. W.P.(C)No.28619/2012 2
(iv) allow the writ petition with costs."
2. The learned counsel for the petitioner submits that the grievance actually highlighted in the writ petition has also been projected by way of Ext.P5 appeal, which is pending consideration before the first respondent. The learned counsel submits that, the petitioner will be satisfied, if a direction to given to the first respondent to have it considered and disposed of within a reasonable time.
3. Heard the learned Standing Counsel and the learned Government Pleader.
4. Considering the limited nature of relief sought for, this Court does not find it necessary to go into the merits of the case. The writ petition is disposed of, directing the first respondent to consider Ext.P5 and pass appropriate orders in accordance with law, after giving an opportunity of hearing to the petitioner at the earliest, at any rate within two months from the date of receipt of a copy of this judgment.
The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the first respondent for further steps.
P.R.RAMACHANDRA MENON JUDGE sv.
W.P.(C)No.28619/2012 2 W.P.(C)No.28619/2012 2