IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 9930 of 2005(F)
1. M.B.PUSHPAM, ASSISTANT GRADE-I,
... Petitioner
Vs
1. THE KERALA STATE DEELOPMENT CORPORATION,
... Respondent
2. STATE OF KERALA, REP. BY THE
3. C.DEVAKI, JUNIOR SUPERINTENDENT,
4. K.VILASINI, JUNIOR SUPERINTENDENT,
5. BANUMATHI, JUNIOR SUPERINTENDENT,
For Petitioner :SRI.P.NARAYANAN
For Respondent :SRI.M.K.CHANDRA MOHANDAS
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :14/08/2007
O R D E R
Antony Dominic, J.
========================
W.P(C).No.9930 of 2005
========================
Dated this the 14th day of August, 2007.
JUDGMENT
Petitioner entered service in 1981. By Ext.P1 order dated
4.6.1994, along with others petitioner’s service was regularised
with prospective effect. From that point onwards, petitioner has
been requesting that her service may be regularised with
retrospective effect from the date of her initial engagement.
Substantial prayer made in this Writ Petition is to direct the first
respondent to give effect to her regularisation with retrospective
effect from 1981 when she entered service. Petitioner has
produced Ext.P13 representation. Although it was addressed to
the Minister for Scheduled Castes and Scheduled Tribes, it is seen
from Ext.P14 that this has been forwarded to the second
respondent for appropriate action. Complaint of the petitioner is
that Ext.P13 representation has not been disposed of by the
second respondent so far.
2. At the same time, the contesting respondents would
WP(C) 9930/05 -: 2 :-
contend that there was delay and latches. It is pointed out that
the attempt of the petitioner is to unsettle the seniority with
effect from 1981. It is already settled and therefore this Court
should not pass any order in favour of the petitioner.
3. Without entering into merits of the contentions of both
parties, I am inclined to direct the respondents to consider and
dispose of Ext.P13 representation which is now pending before
the said respondent. I clarify that the affected parties including
the contesting respondents shall also be put on notice before any
decision on Ext.P13 is taken and that it is upto the second
respondent to consider the contentions of both parties. Orders on
Ext.P13 shall be passed within four months from the date of
receipt of a copy of this judgment.
With this direction, the Writ Petition is disposed of.
Antony Dominic,
Judge.
ess 14/8