High Court Kerala High Court

Kerala Agricultural University vs State Of Kerala on 21 November, 2008

Kerala High Court
Kerala Agricultural University vs State Of Kerala on 21 November, 2008
       

  

  

 
 
  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.
                 --------------------------------------------
                      W.P.C. NO. 13752 OF 2004
                 --------------------------------------------
              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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