Kshema Rajeev v. Kerala State Electronics
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN TUESDAY, THE 21ST DAY OF JULY 2015/30TH ASHADHA, 1937 WP(C).No. 11250 of 2004 (L) ---------------------------- PETITIONER(S):
-------------------------- KSHEMA RAJEEV, WORKING AS SENIOR SECTION ASSISTANT NOW ON DEPUTATION, ARADHANA, 17/1409 (3) POOJAPURA, THIRUVANANTHAPURAM-12.
BY ADV. SRI.C.E.UNNIKRISHNAN RESPONDENT(S):
----------------------------
1. KERALA STATE ELECTRONICS DEVELOPMENT CORPORATION LTD., REPRESENTED BY ITS MANAGING DIRECTOR.
2. KELTRON COMPONENT COMPLEX LTD., REPRESENTED BY ITS MANAGING DIRECTOR.
3. SMT.SAKEENA SWAMIDAS, ASST.ACCOUNTS OFFICER, KELTRON COMPONENT COMPLEX LTD. KANNUR.
4. SRI.P.V.JAYAKRISHNAN, ACCOUNTS OFFICER, KELTRON COMPONENT COMPLEX LTD. KANNUR.
5. SMT.P.P.RADHA, ASST.ACCOUNTS OFFICER, KELTRON COMPONENT COMPLEX LTD., KANNUR
6. T.RAJAN, ASST.SUPERVISOR, KELTRON COMPONENT COMPLEX LTD., KANNUR.
7. E.P.SARALA, ASSISTANT ACCOUNTS OFFICER, KELTRON COMPONENT COMPLEX LTD., KANNUR.
8. P.P.PARTHASARATHY, ASST.ACCOUNTS OFFICER, KELTRON COMPONENT COMPLEX LTD. KANNUR.
9. K.K.RAMAKRISHNAN, SR. SECTION ASSISTANT, KELTRON COMPONENT COMPLEX LTD, KANNUR R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR, STANDING COUNSE, KELTRON THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.11250/2004 APPENDIX PETITIONER'S EXHIBITS:
P1 :
COPY OF THE PROCEEDINGS OF EXECUTIVE DIRECTOR OF THE 2ND RESPONDENT DATED 28.11.1984 P2 :
COPY OF HTE PROCEEDINGS OF THE EXECUTIVE DIRECTOR OF THE 2ND RESPONDENT DATED 26.02.1985 P3 :
COPY OF THE SENIORITY LIST PUBLISHED BY THE 2ND RESPONDENT DATED 04.12.1985 P4 :
COPY OF HTE MEMO DATED 31.03.2003 OF THE 1ST RESPONDENT P5 :
COPY OF THE APPLICATION DATED 14.05.2003 SUBMITTED BY THE PETITIONER BEFORE TEH ASST. MANAGER (P&A) KCCL, KANNUR P6 :
COPY OF THE LETTER DATED 24.07.2003 ISSUED BY ASST. MANAGER (P&A) TO THE PETITIONER P7 :
COPY OF THE OFFICER ORDER NO.ED/A-06 DATED 04.07.1986 PASSED BY THE EXECUTIVE DIRECTOR OF HTE 2ND RESPONDENT RESPONDENTS' EXHIBITS:
//TRUE COPY// P.A. TO JUDGE JV
ANIL K. NARENDRAN, J.
------------------------------- W.P.(C) No.11250 of 2004 ---------------------------------------------- Dated this the 21st day of July, 2015
JUDGMENT
The petitioner has filed this writ petition seeking a writ of certiorari to quash Exts.P4 and P7 orders and seeking a declaration that he is eligible to be considered for promotion to the supervisory post even prior to respondents 3 to 9 and for assignment of seniority and other consequential benefits.
2. Today, when the case was taken up for final hearing, the learned Standing Counsel for the respondents 1 and 2 would point out that the 2nd respondent company has already been merged with the 1st respondent company and some of the employees of the 2nd respondent company were absorbed in the 1st respondent company on the basis of the memorandum of understanding and that, most of the employees of the 2nd respondent company had opted for voluntary retirements.
3. The learned counsel for the petitioner would submit that, inspite of earnest efforts, he could not contact the petitioner and therefore, he has no instruction regarding the
W.P.(C) No.11250/2004 subsequent events pointed out by the learned Standing Counsel. In such circumstances, this writ petition is closed without prejudice to the right of the petitioner to raise subsisting grievance, if any, before the 1st respondent company and leaving open all the contentions raised in this writ petition. sd/- ANIL K. NARENDRAN, JV JUDGE