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High Court of KeralaWP(C)/14789/2015disposed of

Sreejesh T.V v. The State Of Kerala

2015-07-28Honourable Dr. Justice A.K.Jayasankaran Nambiar6 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 28TH DAY OF JULY 2015/6TH SRAVANA, 1937 ---------------------------- PETITIONER(S):

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1. SREEJESH T.V, ASST. SALESMAN, TALUK DEPOT, HOSDURG KANNHANGAD P.O., KASARAGOD DIST- 671315.

2. PREETHA M.P ASST. SALESMAN, SALESMAN, SABARI SUPER MARKET KOTTACHERY, KANHANGAD P.O., KASARAGOD DIST - 671315.

3. SREENATH ASST. SALESMAN IN CHARGE OF OUTLET, MAVELISTORE KOLICHAL, RAJAPURAM P.O., KASARAGOD DIST. - 671 532.

4. MADANAN K ASST. SALESMAN IN CHARGE OF OUTLET, MAVELISTORE ERIKKULAM, ERIKKULAM P.O., KASARAGOD DIST - 671314.

5. SREEKUMRI K.V ASST. SALESMAN, SUPER MAKRET NILESHWAR, NILESHWAR P.O. KASARAGOD DISTRICT - 671 314.

6. MADHUSUDHANAN V ASST. SALESMAN, MAVELISTORE, UDINOOR CENTRAL UDINOOR P.O., KASARAGOD DISTRICT - 671349.

7. USHA P.V ASST.SALESMAN, MAVELISTORE, CHEEMENI CHEEMANI P.O., KASARAGOD DISTRICT - 671 313.

8. NITHYA K.K ASST. SALESMAN, MAVELISTORE, CHITTARIKKAL KASARAGOD DISTRICT - 671 314.

BY ADVS.SRI.MURALI PALLATH SRI.MAHESH V RAMAKRISHNAN SRI.JAPA BALAN OLIVER RESPONDENT(S):

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1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT FOOD AND CIVIL SUPPLIES DEPARTMENT GOVT. SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. THE MANAGING DIRECTOR KERALA STATE CIVIL SUPPLIES CORPORATION LTD ERNAKULAM, KOCHI - 682 020.

3. THE REGIONAL MANAGER KERALA STATE CIVIL SUPPLIES CORPORATION LTD REGIONAL OFFICE, KOZHIKODE KOZHIKODE DISTRICT - 673 004.

R2-R3 BY ADV. SMT.MOLLY JACOB,SC,SUPPLYCO BY GOVERNMENT PLEADER SMT.LOWSY.A THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------- P1 - TRUE COPY OF THE GO(MS) NO. 29/97/F&CSD DT. 26.7.97. P2 - TRUE COPY OF THE GO(MS) NO. 30/2010/F&CSD DT. 04.9.10. P3 - TRUE COPY OF GO(MS) NO. 27/2011/F&CSD DT. 06.7.11. P4 - TRUE COPY OF QUESTIONNAIRE AND REPLY RECEIVED UNDER RTI ACT. P5 - TRUE CPY OF DRAFT COMMON SERVICE RULES 2014. P6 - TRUE COPY OF REPRESENTATION DT. 05.5.15 SUBMITTED BY THE 1ST PETITIONER TO THE 1ST RESPONDENT P7 - TRUE COPY OF REPRESENTATION DT. 05.5.15 SUBMITTED BY THE 2ND PETITIONER TO THE 1ST RESPONDENT.

P8 - TRUE COPY OF REPRESENTATION DT. 05.5.15 SUBMITTED BY THE 3RD PETITIONER TO THE 1ST RESPONDENT.

P9 - TRUE COPY OF REPRESENTATION DT. 05.5.15 SUBMITTED BY THE 4TH PETITIONER TO THE 1ST RESPONDENT.

P10 - TRUE COPY OF REPRESENTATION DT. 05.5.15 SUBMITTED BY THE 5TH PETITIONER TO THE 1ST RESPONDENT.

P11 - TRUE COPY OF REPRESENTATION DT. 05.5.15 SUBMITTED BY THE 6TH PETITIONER TO THE 1ST RESPONDENT.

P12 - TRUE COPY OF REPRESENTATION DT. 05.5.15 SUBMITTED BY THE 7TH PETITIONER TO THE 1ST RESPONDENT.

P13 - TRUE COPY OF REPRESENTATION DT. 05.5.15 SUBMITTED BY THE 8TH PETITIONE TO THE 1ST RESPONDENT.

RESPONDENT(S)' EXHIBITS:NIL --------------------------------------- //TRUE COPY// P.A TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

............................................................. ............................................................. Dated this the 28th day of July, 2015 J U D G M E N T The petitioners, who are working as Assistant Salesman and seek promotion to the post of Junior Assistant in the respondent Corporation, are aggrieved by the inaction on the part of the respondents in effecting promotions in the higher posts, pursuant to which alone there will be vacancies created in the lower post of Junior Assistant to which the petitioners can aspire for promotion. On account of the delay in effecting promotions at the higher level the petitioners have approached the 1st respondent through Exts.P6 to P13 representations, and the limited prayer in the writ petition is for a direction to the 1st respondent to consider and pass orders on Exts. P6 to P13 representations after hearing them.

2. I have heard the learned counsel for the petitioners and the learned Government Pleader for the respondents. On a consideration of the facts and circumstances of the case and the submissions made across the bar, I dispose the writ petition with a direction to the 1st respondent to consider and pass orders on Exts. P6 to P13 representations preferred by the petitioners, within a

period of three months from the date of receipt of a copy of this judgment, after hearing the petitioners. The petitioners shall produce a copy of the writ petition together with copy of this judgment before the 1st respondent for further action.

A.K.JAYASANKARAN NAMBIAR JUDGE mns