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High Court of KeralaWP(C)/27708/2015disposed of

C.K.Jacob v. The Kerala Co-Operative Milk Marketing Federation

2015-09-14Honourable Mr. Justice Dama Seshadri Naidu4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU MONDAY, THE 14TH DAY OF SEPTEMBER 2015/23RD BHADRA, 1937 WP(C).No. 27708 of 2015 (K) ---------------------------- PETITIONER:

---------- C.K.JACOB, AGED 56 YEARS SON OF KUNJAPPY TECHNICAL SUPERINTENDENT ERNAKULAM DAIRY, TRIPUNITHURA, ERNAKULAM DISTRICT BY ADVS.SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENTS:

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1. THE KERALA CO-OPERATIVE MILK MARKETING FEDERATION PATTOM, THIRUVANANTHAPURAM 695 004.

REPRESENTED BY ITS SECRETARY.

2. THE MANAGING DIRECTOR ERNAKULAM REGIONAL CO-OPERATIVE MILK PRODUCERS UNION LTD P.B.NO.2212, EDAPPALLY, KOCHI 682 024.

R BY SMT.LATHA ANAND THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 27708 of 2015 (K) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- P1- TRUE COPY OF THE PROCEEDINGS OF THE MANAGING DIRECTOR DATED 2.2.2013 P2- TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE MANAGING DIRECTOR DATED 10.2.2014 P2(A)- TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P2 RESPONDENT'S EXHIBITS: NIL ---------------------- TRUE COPY PA TO JUDGE Scl.

DAMA SESHADRI NAIDU, J.

------------------------------------- W.P.(C) No. 27708 of 2015 -------------------------------------- Dated this the 14th day of September, 2015.

JUDGMENT

Heard the learned counsel for the petitioner and the learned Government Pleader in the matter, apart from perusing the record. Since the issue lies in a narrow compass, this Court proposes to dispose of the writ petition at the admission stage itself.

2.

The petitioner, a technician under the second respondent Diary, was recently promoted on 7.3.2013 to the post of Technical Assistant, in which position, the petitioner is presently undergoing probation. The petitioner's date of retirement is 31.05.2017.

3.

The grievance of the petitioner is that though he was due to have the benefit of higher grade by 30th September 2015 in the position of Technician, owing to his promotion to the post of Technical Assistant, he lost the benefit. Accordingly ventilating his grievance, the petitioner has submitted Ext.P2 representation before the second respondent.

W.P.(C) No. 27708 of 2015 -2Seeking its expeditious disposal, the petitioner has filed the present writ petition.

4.

In response to the submission made by the learned counsel for the petitioner, the learned standing counsel for the respondent has submitted that the second respondent has no objection to consider the petitioner's Ext.P2 representation on merits.

In the facts and circumstances, having regard to the respective submissions of the learned counsel for the petitioner and the learned standing counsel for the respondents, this Court, without adverting to the merits of the matter, disposes of the writ petition with a direction to the second respondent to consider the petitioner's Ext.P2 representation on merits and pass appropriate orders thereon, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. No order of costs.

Sd/- DAMA SESHADRI NAIDU JUDGE Scl.