IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 25338 of 2007(N)
1. K.VARKEY,S/O.V.KURAIN,
... Petitioner
Vs
1. THE KERALA STATE WAREHOUSING CORPORATION
... Respondent
2. THE MANAGING DIRECTOR,
For Petitioner :SRI.P.N.RAVINDRAN
For Respondent :SRI.MAJNU KOMATH, SC, K.S.W.C.
The Hon'ble MR. Justice V.GIRI
Dated :10/09/2007
O R D E R
V. GIRI , J
==========================
W.P.(C) NO. 25338 OF 2007
==========================
Dated this the 10th day of September, 2007.
JUDGMENT
Pursuant to notification issued by the Corporation on
25.07.2005 inviting applications to the post of driver, from
among candidates who have passed 7th standard and have 5
years experience as driver, the petitioner applied and was called
for interview on 24.08.2005. He contends that he was selected
and appointed as driver on temporary basis. He was directed to
report for duty on or before 14.11.2005 and he was posted in
the State Warehouse of the Corporation at Cherthala.
2. According to him, while he was working as driver in a
temporary post, a permanent vacancy of driver arose on
01.02.2006 in the Head Office of the Corporation and according
to him, he was appointed as a driver on a regular basis against
the said vacancy.
3. His further case is that the Managing Director of the
Corporation terminated his service with effect from the afternoon
of 05.02.2007 on the premise that his appointment was without
W.P.(C) NO. 25338/2007 : 2 :
the authorisation of the Board of Directors and without the
approval of the select list by the Executive Committee.
According to the petitioner, though his service as permanent
driver was terminated vide Ext.P11 order, he was directed to
continue on daily wages thereafter and continues so even now.
The proceedings in this regard terminating his service is
challenged in this writ petition.
4. Subsequent to the filing of the writ petition, the
petitioner filed I.A. N o. 11634/2007 producing therewith
Ext.P14, stated to be a representation preferred before the
Managing Director.
5. I have heard Mr. P.N. Ravindran, learned counsel for the
petitioner and Mr. Majnu Komath, learned Standing Counsel for
the Warehousing Corporation.
6. After hearing both counsel, I am of the opinion that
going by the nature of the plea now made by the petitioner
before the Managing Director, it would be appropriate for the
Managing Director to consider the same and take appropriate
decision. If the Managing Director feels that in the light of
W.P.(C) NO. 25338/2007 : 3 :
Ext.P11 a decision, to either permit the petitioner to continue or
reinstate him on permanent basis, can be taken only by the
Executive Committee, then the request will be placed before the
Executive Committee and it is open to the Executive Committee
to take appropriate decision.
6. In the result, the writ petition is disposed of directing the
2nd respondent to consider and take appropriate action on
Ext.P14 within a period of two months from the date of receipt of
a copy of this judgment. If the 2nd respondent feels that further
decision could be taken only pursuant to any approval or decision
from the Executive Committee, he shall take necessary action in
that regard, in which case, a decision thereon shall be taken
within a period of four months from the date of receipt of a copy
of this judgment. The petitioner’s contentions are left open.
V. GIRI, JUDGE.
rv
W.P.(C) NO. 25338/2007 : 4 :