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Kerala High Court

Vineeth N K vs 1. Matsyafed, (Kerala State ... on 30 August, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

                                                2024:KER:65623


           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

        THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

  FRIDAY, THE 30TH DAY OF AUGUST 2024 / 8TH BHADRA, 1946

                   WP(C) NO. 28659 OF 2024

PETITIONERS:

    1      VINEETH N. K
           AGED 41 YEARS
           S/O. KRISHNAN UNNI N,
           NOOROMKUTTIL MADOM,
           MADAKKATHANAM P.O,
           VAZHAKULAM,
           ERNAKULAM DISTRICT,
           PIN - 686 670.
    2      SAJEEV L.
           AGED 53 YEARS
           S/O. LAKSHMANAN,
           MUNDUVELIL,
           PADINJATTAMMURI,
           SOORANAD NORTH,
           KOLLAM DISTRICT,
           PIN - 690 561.
    3      MANU P.
           AGED 40 YEARS
           S/O. PIYARAJ, KATTAMUDI HOUSE,
           MACHIPLAVU P.O, ADIMALI,
           IDUKKI DISTRICT,
           PIN - 685 561.
    4      RENI JOSE J.
           AGED 43 YEARS
           S/O. D JESSAYYAN, RENI NIVAS,
           VATTAVILA,
           KALLAYAM P.O,
           THIRUVANANTHAPURAM DISTRICT,
           PIN - 695 043.

           BY ADV T.U.SUJITH KUMAR
                                                                  2024:KER:65623
WP(C) NO.28659 OF 2024
                                        2

     RESPONDENTS:

         1          MATSYAFED,
                    (KERALA STATE CO-OPERATIVE FEDERATION OF
                    FISHERIES DEVELOPMENT LTD.)
                    KAMALESHWARAM, MANACAUD P.O,
                    THIRUVANANTHAPURAM DISTRICT,
                    REPRESENTED BY ITS CHAIRMAN,
                    PIN - 695 009.
         2          THE MANAGING DIRECTOR
                    MATSYAFED (KERALA STATE CO-OPERATIVE FEDERATION
                    OF FISHERIES DEVELOPMENT LTD.),
                    KAMALESHWARAM, MANACAUD P.O,
                    THIRUVANANTHAPURAM DISTRICT,
                    PIN - 695 009.

                    SRI. T.P PRADEEP - SC


             THIS    WRIT   PETITION    (CIVIL)      HAVING    COME    UP    FOR
     ADMISSION       ON   30.08.2024,       THE   COURT   ON   THE    SAME   DAY
     DELIVERED THE FOLLOWING:
                                                    2024:KER:65623
WP(C) NO.28659 OF 2024
                               3




                            JUDGMENT

The petitioners state that they are working as Superintendent in the 1st respondent, Matsyafed. They state that all recruitments, promotions etc. of the 1st respondent are effected as per Ext.P1 Special Rules. It is contended by the petitioners that they are eligible to be promoted as Assistant Manager in the 1st respondent and that there are 34 vacancies lying vacant out of 36 sanctioned posts. The petitioners 1 and 2 have submitted Exts.P3, P4 and P5 representations before the 2 nd respondent. The limited prayer of the petitioners is for a consideration of their request for promotion to the post of Assistant Managers.

2024:KER:65623 WP(C) NO.28659 OF 2024 4

2. Heard the learned counsel for the petitioners and Sri.T.P.Pradeep, the learned Standing Counsel for the Matsyafed.

3. In the facts and circumstances of the case and having regard to the submissions made across the Bar, there will be a direction to the 2 nd respondent to consider Ext.P5 representation in accordance with law, after hearing the petitioners, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment.

The writ petition is disposed of with the above direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SPR 2024:KER:65623 WP(C) NO.28659 OF 2024 5 APPENDIX PETITIONER'S EXHIBITS:-

EXHIBIT P1 A TRUE COPY OF THE RELEVANT PAGES OF G.O. (P) NO. 5/2016/F & PD. DATED 17.02.2016.

EXHIBIT P2 A TRUE COPY OF THE ORDER NO. F3- 4207/2001/D.DIS. DATED 03.03.2001 ISSUED BY THE REGISTRAR OF FISHERIES CO-OPERATIVE SOCIETIES AND DIRECTOR OF FISHERIES. EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION DATED 28.07.2022 SUBMITTED BY THE FIRST PETITIONER AND SECOND PETITIONER BEFORE THE CHAIRMAN OF THE FIRST RESPONDENT. EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION DATED 08.05.2023 SUBMITTED BY THE FIRST PETITIONER AND SECOND PETITIONER BEFORE THE CHAIRMAN OF THE FIRST RESPONDENT. EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION DATED 09.11.2023 SUBMITTED BY THE PETITIONERS BEFORE THE SECOND RESPONDENT. RESPONDENTS ANNEXURES: NIL.