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High Court of KeralaWP(C)/30581/2014disposed of

Shaji Kumar M.D. v. State Of Kerala

2015-02-09Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 9TH DAY OF FEBRUARY 2015/20TH MAGHA, 1936 WP(C).No. 30581 of 2014 (W) ---------------------------- PETITIONER(S):

------------- SHAJI KUMAR M.D. AGED 43 YEARS CHEMICAL MXING ASSISTANT KERALA STATE FILM DEVELOPMENT CORPORATION ON OTHER DUTY AS GATE KEEPER, CHITHRANJALI THEATRE NORTH PARAVUR ERNAKULAM DISTRICT-683 513 RESIDING AT SREENILAYAM T.C.52/125, POOZHIKUNNU INDUSTRIAL ESTATE P.O THIRUVANANTHAPURAM-695 019.

BY ADVS.SRI.BENNY GERVACIS SMT.K.MAJEEDA HAMEED RESPONDENT(S):

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

1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT CULTURAL AFFAIRS (A)DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM-695 001.

2. KERALA STATE FILM DEVELOPMENT CORPORATION LTD. REPRESENT BY MANAGING DIRECTOR CHALACHITHRA KALABHAVAN, VAZHUTHAKKAD THIRUVANANTHAPURAM - 695014

3. THE MANAGING DIRECTOR KERALA STATE FILM DEVELOPMENT CORPORATION LTD.CHALACHITHRA KALABHAVAN VAZHUTHAKKAD, THIRUVANANTHAPURAM - 695014 R2 & 3 BY ADV. SRI.A.SUDHI VASUDEVAN, SC, KSFDC R BY GOVERNMENT PLEADER: SRI V VIJULAL SR.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 30581 of 2014 (W) APPENDIX PETITIONER(S)' EXHIBITS:

------------------------ EXT.P1 - PHOTOCOPY OF THE ORDER DATED 13-12-2012 ISSUED BY THE 3RD RESPONDENT DECLARING THE PROBATION OF THE PETITIONER EXT.P2 - PHOTOCOPY OF THE ORDER DATED 7-8-2011 POSTING THE PETITIONER AT THE DIGITAL STUDIO EXT.P3 - PHOTOCOPY OF THE ORDER DATED 13-3-2013 TRANSFERRING THE PETITIONER EXT.P4 - PHOTOCOPY OF THE LIST OF THE EMPLOYEES WORKING ON DAILY WAGES IN THE 2ND RESPONDENT CORPORATION OBTAINED UNDER RIGHT TO INFORMATION ACT EXT.P5 - PHOTOCOPY OF THE LIST OF THE IRREGULAR APPOINTEES WHO ARE YETE TO BE REGULATED IN THE 2ND RESPONDENT CORPORATION OBTAINED UNDER RIGHT TO INFORMATION ACT EXT.P6 - PHOTOCOPY OF THE ORDER G.O(RT)NO.333/2011/GAD DATED 16-62011 ISSUED BY THE 1ST RESPONDENT EXT.

P7 - PHOTOCOPY OF THE REPRESENTATION DATED 28-11-2013 EXT P8 - A TRUE COPY OF THE RELEVANT EXTRACT OF THE SERVICE RULES EXT P9 - A TRUE COPY OF THE NOTIFICATION DATED 13TH JUNE 2008 ISSUED BY the PUBLIC SERVICE COMMISSION FOR APPOINTMENT TO THE POST OF CHEMICAL MIXING ASSISTANT EXT P10- A TRUE COPY OF THE APPOINTMENT ORDER DTD 13.07.2010 EXT P11- A TRUE COPY OF THE GOVERNMENT ORDER DATED 24.11.2009 EXT P12- A TRUE COPY FO THE RELEVANT EXTRACT OF G.

EXT R2(a): A TRUE COPY OF THE MEMO ISSUED BY the 2ND RESPONDENT TO the PETITIONER EXT R2(b): A TRUE COPY OF THE ORDER DTD 12.1.2015 ISSUED BY the 3rd RESPONDENT EXT R2(c): A TRUE COPY OF the GO(MS)BEARING NO.30/2009/CAD DATED 24.11.2009 ISSUED BY the GOVERNMENT OF KERALA True Copy/ P A to Judge

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.30581 of 2014 ============================ Dated this the 09th day of February, 2015

JUDGMENT

This Writ Petition is filed by the petitioner seeking a direction against respondents 2 and 3 to post him against Class III post by relegating daily wage hands holding Class III post to Class IV post. 2.

In this matter, a detailed counter affidavit has been filed on behalf of respondents 2 and 3. It is stated in paragraph 19 as follows:

"While matters thus stood, for administrative convenience and considering the complaint of the petitioner that he was posted as a Gatekeeper as per Ext.P3, the 3rd respondent by an order dated 12.01.2015 had transferred and posted the petitioner as a Counter Clerk on working arrangement basis at Chithranjali theatre, Chitoor. A true copy of the order dated 12.01.2015 issued by the 3rd respondent is produced herewith and marked as Exhibit R2(b). It is respectfully submitted that the post of Counter Clerk falls within category III as per Kerala State Film Development Corporation Ltd Recruitment Rules. Going by the revised scale of pay, the post of Chemical Mixing Assistant and Counter Clerk are in the same scale of pay and stand classified as Class III as per the Service Rules of Kerala State

W.P(C).No.30581 of 2014 Film Development Corporation Ltd. It is respectfully submitted sanction was accorded by the Government as per G.O(MS) bearing No.30/2009/CAD dated 24.11.2009 extending the benefits of pay revision to the employees of KSFDC. A look at the said Government order would show that the scale of pay of the post of Counter Clerk and Chemical Mixing Assistant are one and the same. A true copy of the GO (MS) bearing No.30/2009/CAD dated 24.11.2009 issued by the Government of Kerala is produced herewith and marked as Exhibit R2 (c)."

3.

In view of the counter as above, petitioner's relief for posting as a Class III employee has been satisfied. However, petitioner's further grievance related to his posting as Counter Clerk to the Chithranjali theatre, Chittur in Palakkad district. I am of the view, petitioner is free to take up his grievance before respondents 2 and 3. If petitioner makes a representation within a period of two weeks from the date of receipt of a copy of this judgment regarding his posting at Chittur, same shall be considered by the second and third respondents within a period of four weeks on receipt of such request.

The Writ Petition is disposed of.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/09/02/15