High Court of KeralaWP(C)/7285/2015disposed of

Thomas Abraham v. Ernakulam Regional Co-Operative Milk Producers Union Ltd.

2015-03-09Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 9TH DAY OF MARCH 2015/18TH PHALGUNA, 1936 WP(C).No. 7285 of 2015 (I) --------------------------- PETITIONER(S):

----------------- THOMAS ABRAHAM, AGED 57 YEARS MARKETING OFFICER ERNAKULAM REGIONAL CO-OPERATIVE MILK PRODUCERES UNION LIMITED TRIPUNITHURA DAIRY, THRIPUNITHURA P.O., ERNAKULAM. BY ADV. SRI.P.N.MOHANAN RESPONDENT(S):

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1. ERNAKULAM REGIONAL CO-OPERATIVE MILK PRODUCERS UNION LTD. REPRESENTED BY ITS MANAGING DIRECTOR, EDAPALLY P.O. ERNAKULAM - 682 024.

2. ERNAKULAM REGIONAL CO-OPERATIVE MILK PRODUCERS UNION LIMITED REPRESENTED BY ITS CHAIRMAN, EDAPALLY P.O.

ERNAKULAM - 682 024.

R. BY ADV. SRI.K.ANAND (SR.) R. BY ADV. SMT.LATHA KRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 7285 of 2015 (I) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- EXHIBIT-P1-TRUE COPY OF THE FEEDER CATEGORY SUB RULES APPROVED BY THE REGISTRAR.

EXHIBIT-P2-TRUE COPY OF THE MEMO OF CHARGE DATED 11/10/2002. EXHIBIT-P3-TRUE COPY OF THE MEMO OF CHARGES DATED 14/03/2003. EXHIBIT-P4-TRUE COPY OF THE ORDER DATED 06/08/2004 OF THE IST RESPONDENT.

EXHIBIT-P5-TRUE COPY OF THE ORDER DATED 20/04/2012 OF THE IST RESPONDENT.

EXHIBIT-P6-TRUE COPY OF THE ORDER DATED 26/04/2012 OF THE IST RESPONDENT.

EXHIBIT-P7-TRUE COPY OF THE ORDER DATED 30/12/2008 OF PROMOTION GIVEN TO THE JUNIORS OF PETITIONER.

EXHIBIT-P8-TRUE COPY OF THE PETITION DATED 31/02/2014 FILED BY THE PETITIONER.

EXHIBIT-P9-TRUE COPY OF THE ORDER DATED 03/01/2013 OF THE IST RESPONDENT.

EXHIBIT-P10-TRUE COPY OF THE POSTS SANCTION ORDER DATED 02/08/2014 ISSUED BY THE GOVERNMENT.

EXHIBIT-P11-TRUE COPY OF THE JUDGMENT DATED 28/10/2014 IN O.P(C) 4629/2013.

EXHIBIT-P12-TRUE COPY OF THE AWARD DATED 18/12/2014 IN A.R.C 19/2009 EXHIBIT-P13-TRUE COPY OF THE PETITION DATED 27/02/2015 FILED BY THE PETITIONER BEFORE THE MANAGEMENT.

RESPONDENT(S)' EXHIBITS : NIL.

------------------------------ //TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.7285 of 2015 --------------------- Dated this the 9th day of March, 2015

J U D G M E N T

The petitioner contends that Exts.P5 and P6 charge memos served on him have since been withdrawn and the disciplinary proceedings closed.

The contention therefore of the petitioner is that he is liable to be promoted with effect from 30.12.2008 when his juniors were so promoted. The petitioner has in this regard submitted exts.P8 and P13 representations pending with the first respondent.

2. I direct the first respondent to consider Ext.P13 representation with notice to the petitioner as well as the second respondent. The needful shall be done within a period of one month from the date of receipt of a copy of this judgment. Needless to say that the decision in Union of India v. K.V.Janakiraman [AIR 1991 SC 2010] shall also be adverted to in the exercise.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj.