IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 13752 of 2004(K)
1. KERALA AGRICULTURAL UNIVERSITY
... Petitioner
2. K. CHANDRAMOHANAN, S/O. E. KUTTAPPAN,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. KERALA AGRICULUTURAL UNIVERSITY
3. EXECUTIVE COMMITTEE OF KERALA
4. SHRI. S. RAJENDRA PRASAD,
For Petitioner :SRI.BABU JOSEPH KURUVATHAZHA
For Respondent :SRI.N.D.PREMACHANDRAN, SC, AGRL.UNTY.
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :21/11/2008
O R D E R
C.N. RAMACHANDRAN NAIR, J.
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W.P.C. NO. 13752 OF 2004
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Dated this the 21st day of November, 2008
JUDGMENT
Petitioners have filed this Writ Petition challenging the shifting
of fourth respondent as Overseer from the department of Civil to the
Department of Mechanical as Overseer. Even though this Court
granted interim order of status quo, the same was later vacated by order
dated 25.5.2004 wherein this Court noticed that petitioners are not
claimants for the post held by the fourth respondent. It is reported that
W.A.No. 952 of 2004 filed by the petitioners was also dismissed.
Consequently, fourth respondent was allowed to continue in service as
Overseer Gr. I in the Mechanical division, and he was later promoted as
Assistant Engineer in January, 2005 and is continuing in that post.
Petitioners do not appear to have challenged the appointment of fourth
respondent as Overseer Gr. I in the civil department. The challenge is
only against change of department granted to fourth respondent.
Counsel for the fourth respondent submitted that fourth respondent is
qualified to work as Overseer in the Mechanical Department because
WPC : 13752/2004
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he has Diploma in that subject as well. Petitioners are not the claimants
for the post to which fourth respondent was appointed. Petitioners
have not made out any ground to interfere with the appointment of, or
promotion given to, the fourth respondent. W.P.C. is devoid of any
merit and is dismissed.
(C.N. RAMACHANDRAN NAIR)
Judge
kk
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