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High Court of KeralaWP(C)/19952/2014disposed of

Rasha K v. Kerala State Beverages (M&M) Corporation Ltd

2015-02-03Honourable Mr. Justice A.Muhamed Mustaque5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 3RD DAY OF FEBRUARY 2015/14TH MAGHA, 1936 WP(C).No. 19952 of 2014 (T) --------------------------------------- PETITIONER(S):

---------------------- RASHA K, ASSISTANT GRADE I, WARE HOUSE KERALA STATE BEVERAGES (M&M) CORPORATION LTD, PERINTHALMANNA, MALAPPURAM.

BY ADV. SRI.K.PRAVEEN KUMAR RESPONDENT(S):

-------------------------

1. KERALA STATE BEVERAGES (M&M) CORPORATION LTD REPRESENTED BY ITS MANAGING DIRECTOR SASTHAKRIPA OFFICE COMPLEX, SASTHAMANGALAM THIRUVANANTHAPURAM - 695 010.

2. THE MANAGING DIRECTOR KERALA STATE BEVERAGES (M&M) CORPORATION LTD SASTHAKRIPA OFFICE COMPLEX, SASTHAMANGALAM THIRUVANANTHAPURAM - 695 010.

3. GENERAL MANAGER (ADMINISTRATION) KERALA STATE BEVERAGES (M&M) CORPORATION LTD SASTHAKRIPA OFFICE COMPLEX, SASTHAMANGALAM THIRUVANANTHAPURAM - 695 010.

BY ADV. SRI.C.S.AJITH PRAKASH,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 19952 of 2014 (T) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 - TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DT. 31.7.13. P2 - TRUE COPY OF THE M.B.A DEGREE CERTIFICATE ISSUED TO THE PETITIONER BY THE BHARATHIAR UNIVERSITY.

P3 - TRUE COPY OF THE REPLY DT. 22.10.13 ISSUED BY THE PUBLIC INFORMATION OFFICER OF THE 1ST RESPONDENT TO ONE SRI.P.ARUN, KOLLAM.

P4 - TRUE COPY OF THE REPRESENTATION DT. 26.4.14 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

P5 - TRUE COPY OF THE COMMUNICATION DT. 11.6.14 SEND BY THE 3RD RESPONDENT TO THE PETITIONER.

P6 - TRUE COPY OF THE JUDGMENT IN WPC NO. 14745/14 OF THIS HON'BLE COURT.

P7 - TRUE COPY OF THE APPLICATION SENT BY SRI.JUNAIZ VALTHODIKA UNDER RTI ACT DT. 09.6.14.

P7(A) - TRUE COPY OF THE REPLY RECEIVED BY SRI.JUNAIZ VALTHODIKA UNDER RTI ACT DT. 05.7.14.

P8 - TRUE COPY OF THE RELEVANT PROTION OF THE SPECIAL RULES OF THE 1ST RESPONDENT CORPROATION.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.MUHAMED MUSTAQUE, J.

- - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 19952 OF 2014 - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of February, 2015

JUDGMENT

The petitioner is working as a Assistant Grade I in the Kerala State Beverages (M&M) Corporation Ltd. Petitioner submits that even though she possess requisite qualifications as per special rules to be promoted asAssistant Manager/Accountant, the Corporation failed to take action to promote her. It is submitted that there are vacancies of Assistant Manager/Accountant in the cadre to promote the petitioner. Accordingly, the petitioner has approached this Court.

2. A counter affidavit has been filed by the respondents. In the counter affidavit, particularly in paragraph 11, it is stated that the Corporation have an Advisory Committee and a system of performance appraisal for the purpose of considering employees for promotion to the posts of Asst. Manager/Accountant. It is admitted that the petitioner is

W.P.(c).No.19952 of 2014 : 2 :

having requisite qualifications. It is further submitted that it is on account of requirement to complete this procedural formalities, delay is occurred for effecting the promotion.

3. Considering the nature of the contentions raised in the counter affidavit, I am of the view that the entire exercise for effecting promotion to the post of Assistant Manager/Accountant shall be completed within a period of two months from the date of receipt of a copy of this judgment.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, Judge.

dpk /true copy/ PS to Judge.

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