Krishnan S vs State of Kerala

Type Court Judgment Court Kerala Decided Aug 01, 2023

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https://sooperkanoon.com/case/1376148

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Citation: sooperkanoon.com/1376148
Court: Kerala High Court
Judge: Honourable Mr. Justice Amit Rawal
Decided On: Aug 01, 2023
Case Number: WP(C)/4678/2016

Parties & Advocates

Appellant / Petitioner

Krishnan S

Respondent

State of Kerala

Excerpt

.....represented by secretary to department of animalhusbandry,secretariat, thiruvananthapuram-695001 2 kerala feeds limited represented by its managing director, kallettumkara, thrissur 680683 by advs. sri.p.benny thomas sruthy r. sri. p.s. appu, government pleader this writ petition (civil) having come up for admission on 01.08.2023, the court on the same day delivered the following:judgmentdated this the 1st day of august, 20231. petitioners are claiming promotion for managerial and supervisory category personnel on the basis of special rules, 2014 which is pending finalisation of the notification.2. counsel representing the respondents submitted that rules have not been notified, which is not disputed on behalf of the petitioners.3. petitioners cannot claim promotion in the absence ofnotification of the rules, thus there is no cause of action. writ petition is dismissed. sd/- amit rawal, judge sou. appendix of wp(c) 4678/2016 petitioner exhibits exhibit p1:- true copy of the special rules 2014 for the managerial and supervisory category personnel exhibit p2:- true copy of the go(ms)no 222/2012 ad dtd exhibit p3:- true copy of the advertisement for director recruitment for 7 categories dtd 20/1/2016 along with the corrigendum exhibit p4:- true copy of the advertisement for director recruitment to two other categories dtd exhibit p5:- true copy of the representation filed by the petitioners dtd 29/1/2016

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945 WP(C) NO. 4678 OF 2016 PETITIONERS: 1 KRISHNAN S AGED 35 YEARS, S/O.R SREEKUMAR, C-3 QUARTERS, KERALA FEEDS LTD, KALLETTUMKARA, THRISSUR DISTRICT 2 ARUN KURIAKOSE AGED 30 YEARS, S/O.KURIAKOSE, PULLOLIKKAL HOUSE, VADAKUMPURAM P O, VALANCHERY, MALAPPURAM 3 VASANTHA S AGED 32 YEARS, S/O.A SREENIVASAN, SREENILAYAM, CHANGAMPUZHA NAGAR P O, ERNAKULAM 4 SHERIN A S AGED 30 YEARS, S/O.ALIYARUKUNJU, S S VILLA, PAVUMBA SOUTH, PAVUMBA P O, KARUNAGAPPALLY, KOLLAM 5 VARUN HARSHAN AGED 32 YEARS, S/O.HARSHAN, FLAT NO 208, JOURNALISTS COLONY, NCC NAGAR, PEROORKADA, THIRUVANANTHAPURAM 6 SUJITH M G AGED 33 YEARS, S/O.GOPI M C, MUNDIYATH THAZHATH HOUSE, CHERANELLOOR P O, ERNAKULAM DISTRICT 7 SANKAR P AGED 37 YEARS, S/O.PERIYASWAMY 16/201A, SIVADHAM THAZHEKKAD, KALLETTUMKARA P O, THRISSUR 8 SATHEESHKUMAR K AGED 48 YEARS, S/O.K R KRISHNA PISHARODY, SOBHANAM, NELLAYI P O, THRISSUR DISTRICT 9 SAJI P JOSEPH AGED 52 YEARS, S/O.LATE P V JOSEPH, PANDIKADU HOUSE, VENGOOR P O, PERUBAVOOR, ERNAKULAM DISTRICT 10 MANOJ E P AGED 44 YEARS, S/O.KUNJIPAPPY E R, ELLATHUTHANDEL HOUSE, ANICADU, AVOLY P O, MOOVATTUPUZHA, ERNAKULAM DISTRICT
11 AJITH M K AGED 30 YEARS, S/O.M KAMALUDEEN, FIRDOOS, VIKAS NAGAR, PATTATHANAM P O, KOLLAM 12 AROMA BABU AGED 35 YEARS, D/O.V BABU, SREE BHAVAN, KARAVALUR P O, PUNALUR, KOLLAM 13 KOCHURANI THOMAS AGED 29 YEARS, D/O.THOMAS, PUTHUPARAMBIL HOUSE, KEERITHODY P O, IDUKKI 14 SANTHOSH K C AGED 45 YEARS, S/O.K K CHATHUKUTTY, KOLANGARA HOUSE, MURIYAD PO, THRISSUR DISTRICT 15 BABU T K AGED 42 YEARS, S/O.KRISHNAN T C, THOOYATH HOSUE, WORKSHOP JUCTION, VELLANGALLUR P O, THRISSUR DISTRICT
16 JONY A T AGED 39 YEARS, S/O.A O THOMAS, ALAPPAD HOUSE, P O KALLETTUMKARA , THRISSUR 17 ABHILASH E C AGED 32 YEARS, S/O.E C CHANDRAN, EDATHIPARAMBIL HOUSE, PALISSERY, ANNAMANADA P O, THRISSUR 18 PREM KOSHI PHILIP AGED 48 YEARS, S/O.PHILIP, CHAKALAMANNIL, KU NAGAR, MOOLAVATTOM,KOTTAYAM BY ADVS. SRI.RENJITH THAMPAN (SR.) SMT.P.R.REENA RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY SECRETARY TO DEPARTMENT OF ANIMALHUSBANDRY,SECRETARIAT, THIRUVANANTHAPURAM-695001 2 KERALA FEEDS LIMITED REPRESENTED BY ITS MANAGING DIRECTOR, KALLETTUMKARA, THRISSUR 680683 BY ADVS. SRI.P.BENNY THOMAS SRUTHY R. SRI. P.S. APPU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 1st day of August, 2023

1. Petitioners are claiming promotion for Managerial and Supervisory Category Personnel on the basis of Special Rules, 2014 which is pending finalisation of the notification.

2. Counsel representing the respondents submitted that rules have not been notified, which is not disputed on behalf of the petitioners.

3. Petitioners cannot claim promotion in the absence of

notification of the Rules, thus there is no cause of action. Writ petition is dismissed. Sd/- AMIT RAWAL, JUDGE sou. APPENDIX OF WP(C) 4678/2016 PETITIONER EXHIBITS EXHIBIT P1:- TRUE COPY OF THE SPECIAL RULES 2014 FOR THE MANAGERIAL AND SUPERVISORY CATEGORY PERSONNEL EXHIBIT P2:- TRUE COPY OF THE GO(MS)NO 222/2012 AD DTD EXHIBIT P3:- TRUE COPY OF THE ADVERTISEMENT FOR DIRECTOR RECRUITMENT FOR 7 CATEGORIES DTD 20/1/2016 ALONG WITH THE CORRIGENDUM EXHIBIT P4:- TRUE COPY OF THE ADVERTISEMENT FOR DIRECTOR RECRUITMENT TO TWO OTHER CATEGORIES DTD EXHIBIT P5:- TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONERS DTD 29/1/2016

Same Court & Year Kerala · 2023 Same Parties Krishnan S vs State of Kerala Same Judge Honourable Mr. Justice Amit Rawal