Sajith Kumar v. State of Kerala & Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 12[TH] DAY OF JANUARY 2024 / 22ND POUSHA, 1945** ## **WP(C) NO. 10165 OF 2015** ## **PETITIONER:** SAJITH KUMAR V. AGED 49 YEARS S/O.N.BALAKRISHNAN NAIR, SENIOR CLERK (SPECIAL GRADE), KERALA ELECTRICAL & ALLIED ENGINEERING COMPANY LIMITED, MAMALA UNIT, MAMALA PO, ERNAKULAM RESIDING AT VADAKKOOT HOUE, PANANAGAD PO, S.N.PURAM, KODUNGALLOOR, THRISSUR 680665 BY ADVS. SRI.P.RAMAKRISHNAN SRI.T.C.KRISHNA ## **RESPONDENTS:** 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM PIN 695001 2 THE MANAGING DIRECTOR KERALA ELECTRICAL AND ALLIED ENGINEERING COMPANY LIMITED, 7TH FLOOR, HOUSING BOARD OFFICE COMPLEX, PANAMPALLY NAGAR, KOCHI 682036 3 THE GENERAL MANAGER KERALA ELECTRICAL & ALLIED ENGINEERING COMPANY LIMITED, 7TH FLOOR HOUSING BOARD OFFICE COMPLEX, PANAMPALLY NAGAR, KOCHI 682036 4 SHIJI JOSEPH KERALA ELECTRICAL & ALLIED ENGINEERING COMPANY LIMITED, MAMALA UNIT, MAMALA PO, ERNAKULAM PIN 682305 BY ADVS.SRI.BIJOY CHANDRAN, SR.GP P.BENNY THOMAS, SC SRI.A.G.ADITYA SHENOY D.PREM KAMATH(K/1285/1998) TOM THOMAS (KAKKUZHIYIL)(K/000821/2008) ABEL TOM BENNY(K/1381/2018) AARON ZACHARIAS BENNY(K/001533/2023) BHARATH NAIR(K/002569/2022) AMRUTHA SELVAM(K/001249/2023) WP(C).No.10165/2015 **2** BIJISH B.TOM GENS GEORGE ELAVINAMANNIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.10165/2015 **3** ## **P.V.KUNHIKRISHNAN, J. --------------------------------** **W.P.(C).No.10165 of 2015** **---------------------------------------------Dated this the 12[th] day of January, 2024** ## **JUDGMENT** This writ petition is filed with following prayers: i. To call for the records leading to the orders giving promotion to the 4[th] respondent to the post of Junior officer in Mamala unit of the Kerala Electrical and Allied Engineering Company Limited from the 2[nd] respondent and issue a Writ of Certiorari or other appropriate Writ Order or direction Quashing the proceedings for promotion of the 4[th] respondent to the post of Junior officer with effect from 15/02/2013 overlooking the seniority of the Petitioner. ii. To issue a Writ of mandamus or other appropriate Writ, Order or direction commanding the 2[nd] Respondent to promote the Petitioner to the post of Junior Officer in Mamala unit of the Kerala Electrical and Allied Engineering Company Limited with retrospective effect from 22/02/2011 as per Annexure IV of Ext.P1 and Ext. P12 within a stipulated time as directed by this Hon'ble Court. iii. To issue writ of mandamus or any other WP(C).No.10165/2015 **4** appropriate writ order or direction commanding the 2[nd] Respondent to consider and dispose of Ext.P8 to Ext. P11 within a stipulated time as directed by this Hon'ble Court and promote the Petitioner to the post of Junior Officer in Mamala unit of the Kerala Electrical and Allied Engineering Company Limited with retrospective effect from 22/02/2011 as per Annexure IV of Ext.P1 and Ext.P12. iv. v. vi. To declare that the Petitioner is entitled to get promotion to the post of Junior Officer in Mamala unit of the Kerala Electrical and Allied Engineering Company Limited with retrospective effect from 22/02/2011 as per Annexure IV of Ext.P1 and Ext. P12. To declare that the promotion of the 4[th] respondent to the post of junior officer in Mamala unit of the Kerala Electrical and Allied Engineering Company Limited with effect from 15/02/2013 by the respondents 1 to 3 overlooking the seniority of the petitioner is illegal and contrary to the promotion policy in Ext.P1 and Ext.P12. To issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case. (SIC) 2. The main grievance of the petitioner is that, as per the stipulations in Clause IV of Ext.P1 Promotion Policy WP(C).No.10165/2015 **5** Agreement, he is eligible for promotion with effect from 22.02.2011, but he was given promotion only with effect from 08.02.2013. 3. I am of the considered opinion that this point is to be considered by the 2[nd] respondent. The petitioner can be allowed to file a representation narrating the surviving grievance before the 2[nd] respondent and there can be a direction to consider the same within a time frame, after giving an opportunity of hearing to the petitioner. Therefore, this writ petition is disposed of with following directions: 1. The petitioner is free to file a representation before the 2[nd] respondent narrating the grievance raised in this writ petition, within two weeks from the date of receipt of a certified copy of this judgment. 2. Once such a representation is filed, the 2[nd] respondent will consider the same and pass appropriate orders in it, after affording an opportunity of hearing to WP(C).No.10165/2015 **6** the petitioner or his representative, as expeditiously as possible, at any rate, within one month from the date of receipt of the representation. Sd/- JV **P.V.KUNHIKRISHNAN JUDGE** WP(C).No.10165/2015 **7** ## **APPENDIX OF WP(C) 10165/2015** ## PETITIONER EXHIBITS P1:THE TRUE COPY OF THE PROMOTION POLICY AGREEMENT DATED 28.03.2007 OF THE MAMAA UNIT OF THE KERALA STATE ELECTRICAL AND ALLIED ENGINEERING COMPANY LIMITED P2:THE TRUE COPY OF THE ORDER NO. GMPA/6/11385/95 DATED 03.02.1995 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER P3:THE TRUE COPY OF THE ORDER NO. GMPA/33/1008/98 DATED 04.06.1998 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER P4:THE TRUE COPY OF THE ORDER NO. GMPA/33/3227/99 DATED 04.11.1999 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER P5:THE TRUE COPY OF THE ORDER NO. GMPA/33/4581/2000 DATED 24.02.2000 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER P6:THE TRUE COPY OF THE ORDER NO. GMPA/33/2407/2013 DATED 22.01.2013 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER P7:THE TRUE COPY OF THE ORDER NO. GMPA/33/1107/2013 DATED 24.07.2013 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER P8:THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT P9:THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 09.03.2013 P10:THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 01.08.2013 P11:THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE UNION WP(C).No.10165/2015 **8** REPRESENTING THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 20.09.2014 Exhibit P15 P12:THE TRUE COPY OF THE SENIORITY LIST OF THE SENIOR CLERKS OF THE 2ND RESPONDENT COMPANY DATED 31.10.2014 TRUE COPY OF ORDER NO GMPA/33/2824/19 DATED 1.3.2019 ISSUED BY THE 2ND RESPONDENT RESPONDENT’S EXHIBITS EXT.R2(A) COPY OF THE OFFICE ORDER DATED 7.9.2015 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER