Kerala High Court
G.Sunil Kumar vs The State Of Kerala
Author: A.M.Shaffique
Bench: A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
TUESDAY, THE 2ND DAY OF JULY 2013/11TH ASHADHA, 1935
WP(C).No. 14157 of 2012 (T)
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PETITIONERS:
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1. G.SUNIL KUMAR,
AGED 40 YEARS, S/O.GOVINDAN,
RESIDING MEENAKSHI MANDIRAM, JAYAN NAGAR, OLAYIL,
KOLLAM (CASUAL LABOURER,
KERALA FINANCIAL CORPORATION, KOLLAM).
2. K.K.BHASURA,
AGED 54 YEARS, W/O.LATE N.BHARATHAN,
RESIDING AT ADOOKA VALAPPU, KALARCODE,
SANATHANAPURAM P.O.-688 003 (CASUAL LABOURER,
KERALA FINANCIAL CORPORATION, ALAPPUZHA).
3. SHEEJA P.MATHEW,
AGED 43 YEARS, W/O.SAM VARGHESE,
RESIDING AT THAVALATHIL, MANNARAMALA, PUTHENPEEDIKA,
PATHANAMTHITTA (CASUAL LABOURER,
KERALA FINANCIAL CORPORATION, PATHANAMTHITTA).
BY ADV. SMT. I.S.LAILA.
RESPONDENTS:
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1. THE STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF FINANANCE, GOVERNMENT SECRETARIT,
THIRUVANANTHAPURAM-695 001.
2. THE KERALA FINANCIAL CORPORATION,
REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE,
VELLAYAMBALAM, THIRUVANANTHAPURAM-695 033.
3. THE BRANCH MANAGER,
KERALA FINANCIAL CORPORATION, AG C COMPLEX, BEACH ROAD,
KOLLAM-691 001.
Prv.
W.P.(C).NO.14157/2012-T:
4. THE BRANCH MANAGER,
KERALA FINANCIAL CORPORATION, KUMARANASAN MANDIRAM,
ALAPPUZHA-688 001.
5. THE BRANCH MANAGER,
KERALA FINANCIAL CORPORATION, PAZHAMANNIL BUILDING,
JESSY TOWER, PATHANAMTHITTA-688 001.
R1 BY GOVERNMENT PLEADER SRI. NOUSHAD THOTTATHIL,
R2 TO 5 BY ADV. SRI.T.V.GEORGE, S.C.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 02-07-2013, ALONG WITH W.P.(C).NO.23944/2012,THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
Prv.
W.P.(C).NO.14157/2012-T:
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT-P1- TRUE COPY OF THE CIRCULAR NO. KFC/CIR 74/HRD 20/11-12
DATED 09/03/2012 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT-P2- TRUE COPY OF THE ORDER G.(P) 501/2005/FIN.
DATED 25/11/2005 ISSUED BY THE IST RESPONDENT.
EXHIBIT-P3- TRUE COPY OF THE LETTER NO. KFC/KLM/ADMN. 1879/2006
DATED 28/09/2006 TO THE EXECUTIVE ENGINEER.
EXHIBIT-P4- TRUE COPY OF THE PROCEEDINGS NO. KFC/KLM/1404/2006
DATED 10/10/2006.
EXHIBIT-P5- TRUE COPY OF THE LETTER NO. PSI/2319/2010
DATED 10/06/2010 OF THE 2ND RESPONDENT.
EXHIBIT-P6- TRUE COPY OF THE G.O(P) 412/2011/FIN. DATED 30/09/2011.
EXHIBIT-P7- TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE IST
PETITIONER DATED 27/03/2012.
EXHIBIT-P7(A)-TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND
PETITIONER DATED 27/03/2012.
EXHIBIT-P7(B)-TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 3RD
PETITIONER DATED 27/03/2012.
EXHIBIT-P8- TRUE COPY OF THE JUDGMENT DATED 02/04/2012 PASED BY THIS
HON'BLE COURT IN W.P(C).NO. 8183/2012.
EXHIBIT-P9- TRUE COPY OF THE COMMUNICATION DATED 26/05/2012
ISSUED BY THE DEPUTY GENERAL MANAGER (HR), KERALA
FINANCIAL CORPORATION TO THE IST PETITIONER.
EXHIBIT-P9(A)-TRUE COPY OF THE COMMUNICATION DATED 26/05/2012
ISSUED BY THE DEPUTY GENERAL MANAGER (HR), KERALA
FINANCIAL CORPORATION TO THE 2ND PETITIONER.
EXHIBIT-P9(B)-TRUE COPY OF THE COMMUNICATION DATED 26/05/2012
ISSUED BY THE DEPUTY GENERAL MANAGER (HR), KERALA
FINANCIAL CORPORATION TO THE 3RD PETITIONER.
EXHIBIT-P10- TRUE COPY OF THE ORDER DTD. 10/09/2012 PASSED BY THE HON'BLE
KERALA STATE HUMAN RIGHTS COMMISSION IN
H.R.M.P.NO.4790/2011.
EXHIBIT-P11- A TRUE COPY OF THE PROPOSAL SUBMITTED BY THE R.2.
TO THE R.1.
Prv.
W.P.(C).NO.14157/2012-T:
EXHIBIT-P12: TRUE COPY OF THE G.O.(MS).237/2012 DTD. 24/04/2012.
EXHIBIT-P13: TRUE COPY OF THE NEWSPAPER CLIPPING OF MATHRUBHOOMI
DTD. 24/07/2102.
//TRUE COPY//
P.A. TO JUDGE.
Prv.
A.M.SHAFFIQUE, J.
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W.P.(C) Nos. 14157 of 2012-T
and
23944 of 2012 -P
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Dated this the 2nd July, 2013
J U D G M E N T
Petitioners in these writ petitions are employed on casual basis by Kerala Financial Corporation (KFC). They claimed regularization in employment on the basis of Ext.P5 G.O.(P) No. 412/2011/Fin. dated 30.9.2011.
2. In the additional counter affidavit filed by KFC it is inter alia indicated that KFC has taken a decision to regularize the services of 13 casual sweepers who have completed 10 years of service on the basis of Ext.P5 Government order dated 30.9.2011 as part-time contingency sweepers subject to approval of the Government. Ext.R2(f) is the said decision, which was forwarded to the W.P.(C) Nos. 14157 and 23944 of 2012 2 Government.
3. Having regard to the aforesaid factual circumstances, the petitioners would submit that they are satisfied with the decision taken by the KFC in this regard and therefore they do not want to precipitate the matter further. In regard to the other petitioners also, it is submitted that the same decision in lines with what is stated above is proposed to be taken.
In that view of the matter, I do not think that there is any necessity to consider the writ petition on merits and accordingly, the writ petitions are disposed of taking on record the affidavit filed by KFC in this regard at Ext.R2(f).
Sd/-
A.M.SHAFFIQUE, JUDGE.
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