K.I. Xavier v. The Secretary, Kerala Khadi Grama Vyavasaya Board
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 14TH DAY OF OCTOBER 2015/22ND ASWINA, 1937 WP(C).No. 15922 of 2015 (M) ---------------------------- PETITIONER :
-------------------------- K.I. XAVIER ASSISTANT REGISTRAR KERALA KHADI AND VILLAGE INDUSTRIES BOARD PALAKKAD RESIDING AT KANNAMPUZHA HOUSE, KADAYANKADU KANNADI P.ODIST. PALAKKADU 678 701 BY ADVS.SRI.P.ALI SRI.A.MUHAMMED HASHIM RESPONDENTS :
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1. THE SECRETARY, KERALA KHADI GRAMA VYAVASAYA BOARD VANCHIYOOR, THIRUVANANTHPAURAM 695 001
2. THE PROJECT OFFICER, JILLA KHADI GRAMA VYAVASAYA OFFICE, WEST FORT ROAD PALAKKAD 678 001 * ADDL.R3. IS IMPLEADED ADDLR3.STATE OF KERALA REPRESENTED BY SECRETARY, PANCHAYAT DEPARTMENT THIRUVANANTHAPURAM.
* ADDL.R3 IS IMPLEADED AS PER ORDER DATED 19.06.2015 IN IA 8168/15. **ADDL.R4 IS IMPLEADED ADDL.R4. THE SECRETARY TO GOVERNMENT (INDUSTRIES) **ADDL.R4 IS SUO MOTO IMPLEADED AS PER THE JUDGMENT DATED 14.10.2015 ADDL.R3 & 4 BY GOVT PLEADER SMT.M.J.RAJASREE R1 & 2 BY ADV.SRI.TOM K.THOMAS, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 15922 of 2015 (M) ---------------------------- APPENDIX PETITIONER'S EXHIBITS ------------------------------------- EXT.P1 COPY OF THE REPRESENTATION DATED 15-12-2014 EXT.P2 TRUE COPY OF THE FORWARDING LETTER DATED 22-12-2014 EXT.P3 TRUE COPY OF THE RELIEVING CERTIFICATE DATED 22-03-1994 EXT.P4 COPY OF THE PROCEDINGS OF THE KERALA KHADI AND VILLAGE INDUSTRIES BOARD DATED 27-1-1995 RESPONDENT(S)' EXHIBITS : NIL --------------------------------------- /TRUE COPY/ P.A TO JUDGE AV
K.VINOD CHANDRAN, J.
------------------------------------- W.P.(C) No.15922 of 2015 ----------------------------------------- Dated this the 14th day of October, 2015
J U D G M E N T
The petitioner seeks for reckoning of 5 years, 6 months and 17 days of service he had in the Panchayath Department from 07.09.1988 to 22.03.1994, as pensionable service in the Kahdi and Village Industries Board wherein he was employed subsequently. The petitioner relies on the judgment in Mohammed Basheer A. v. State of Kerala [2014 (4) KHC 658 (DB).
2. The learned Standing Counsel appearing for the Board submits that the matter has to be considered by the Government, since the issue of the petitioner has been referred to the Government.
3. The learned Government Pleader also submits on instructions from the Director of Panchayaths that, the said officer has confirmed the service of the petitioner as L.D Clerk from 07.09.1988 to 22.03.1994, when he was relieved, for being appointed as Junior Co-operative Inspector in the respondent Board.
4. In view of the submission of the learned Standing
W.P.(C) No.15922 of 2015 Counsel that the matter has to be considered by the Secretary to Government (Industries), the Secretary to Government (Industries) is suo motu impleaded as the additional fourth respondent. The learned Government Pleader is directed to take notice for the additional fourth respondent. In such circumstances, the petitioner shall produce the certified copy of this judgment along with a copy of the afore cited judgment before the additional 4th respondent, who shall consider the same and pass orders on it after affording an opportunity for hearing to the petitioner, within a period of three months from the date of production of the certified copy of the judgment.
Sd/- K.VINOD CHANDRAN, JUDGE AV/14/10/