R.Ajayakumar v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 16TH DAY OF NOVEMBER 2015/25TH KARTHIKA, 1937 WP(C).No. 34494 of 2015 (J) ---------------------------- PETITIONERS :
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1. R.AJAYAKUMAR, SON OF M.RAJAGOPAL, AGED 43 YEARS OFFICE SUPERINTENDENT, CENTRE FOR ADVANCED STUDIES IN ANIMAL GENETICS AND BREEDING, MANUTHY, KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY, POOKODE, WAYANAD DISTRICT
2. T.K.HARI NARAYAN, SON OF T.KESAVAN NAMBOOTHIRI, AGED 34 YEARS, TYPIST (SELECTION GRADE), KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY, POOKODE, WAYANAD DISTRICT BY ADVS.SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENTS :
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1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, ANIMAL HUSBANDRY DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001
2. THE DIRECTOR OF ANIMAL HUSBANDRY, VIKAS BHAVAN, THIRUVANANTHAPURAM - 695 033
3. THE REGISTRAR, KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY, POOKODE, WAYANAD DISTRICT - 673 576
4. THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY AT PATTOM, THIRUVANANTHAPURAM - 695 004 R3 BY ADV. SRI.MILLU DANDAPANI,SC,K.V & A.S. UTY R BY GOVERNMENT PLEADER SMT.M.J.RAJASREE R BY ADV.SRI.P.C.SASIDHARAN, SC, KPSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 34494 of 2015 (J) APPENDIX PETITIONERS' EXHIBITS :
EXT.P1 : COPY OF THE ORDER NO.GA/A1/23123/2005 OF THE AGRICULTURAL UNIVERSITY DATED 6.7.2005 (1ST PET.) EXT.P1(a) : COPY OF THE ORDER OF THE UNIVERSITY DATED 27.05.2006 (2ND PETITIONER) EXT.P2 : COPY OF THE ORDER OF THE UNIVESITY DATED 21.3.2007 (1ST PETITIONER) EXT.P2(a) : COPY OF THE ORDER OF THE AGRL.UNIVERSITY DATED 17.9.2007 (2ND PETITIONER) EXT.P3 : COPY OF THE ORDER OF THE AGRL.UNIVERSITY DATED 29.11.2008 (1ST PETITIONER) EXT.P4 : COPY OF THE ORDER OF THE AGRL.UNIVERSITY DATED 3.6.2009 (2ND PETITIONER) EXT.P5 : COPY OF THE RELEVANT PAGE OF THE SPECIAL RULES EXT.P6 : COPY OF THE REPRESENTATION SUBMITTED BEFORE THE UNIVERSITY DATED 07.02.2014 (1ST PETITIONER) EXT.P7 : COPY OF THE REPRESENTATION SUBMITTED BEFORE THE UNIVERSITY DATED 16.01.2014 (2ND PETITIONER) EXT.P8 : COPY OF THE ORDER NO.GA/L/2028/2015 DATED 19.08.
2015 OF THE 3RD RESPONDENT (1ST PETITIONER) EXT.P9 : COPY OF THE ORDER NO.GA/L/2028/2015 DATED 19.08.2015 OF THE 3RD RESPONDENT (2ND PETITIONER ) EXT.P10 : COPY OF THE REVISION PETITION BEFORE THE 1ST RESPONDENT DATED 18.10.2015 (1ST PETITIONER), WITHOUT EXHIBITS EXT.P11 : COPY OF THE REVISION PETITION BEFORE THE 1ST RESPONDENT DATED 18.10.2015 (2ND PETITIONER), WITHOUT EXHIBITS RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.
K.VINOD CHANDRAN, J.
------------------------------------- W.P.(C) No.34494 of 2015 ----------------------------------------- Dated this the 16th day of November, 2015
J U D G M E N T
The petitioners commenced service as Typist Gr.II. They were further promoted and now are working as Office Superintendent and Typist Selection Grade respectively. They were promoted to the present posts by orders of the year 2015 with retrospective effect from the year 2011. The petitioners are now aggrieved in so far as they would be declined consideration for promotion to the post of Assistant, since the feeder category includes only Typist Grade II, Typist Grade I and Senior Grade Typist. The petitioners short contention is that, at least for the vacancies available before the promotion of the petitioners to the present post, the petitioners be also considered; as then they were remaining in the feeder category as on that date. The petitioners only seek consideration of their representations at Exts.P10 and P11.
2. In such circumstances, since both the representations are with respect to the same subject matter, the 1st respondent may consider the same with notice to the petitioners, the University and the Public Service Commission. It is made clear
W.P.(C) No.34494 of 2015 that this Court has not made any observation on merits. This writ petition is disposed of as above. No costs. Sd/- K.VINOD CHANDRAN, JUDGE AV/16/11