A.Abdul Rahiman. Vs. State of KeralA. - Court Judgment

Excerpt:

[mr.justice b.v.pinto, j.] this crl.a filed u/s.374(2) cr.p.c. by the advocate for the appellant against the judgment dt. 14.7.05 passed by the dist. & sj., fast track court ii, shimoga, in s.c.no,71/02 -convicting the appellant/accused for the offence p/u/s.326 of ipc and sentencing him to undergo s.i. for 5 years and to pay a fine of rs.3000/- i.d., s.i. for 6 months for the offence p/u/s.326 of ipc......respondent to promote the petitioner to the post of general manager (hr) against the available vacancy; (v) issue a writ of mandamus or any other appearance writ, direction or order commanding the 2nd respondent to sanction the annual increment admissible to the petitioner that has fallen due on 01.09.2010; or alternatively;(vi) issue a writ of mandamus or any other appropriate writ, direction or order commanding the 2nd respondent to consider and pass orders on ext.p2 representation." 2. a since the petitioner has inter alia sought disposal of ext.p2 representation, if the same is allowed, it is not necessary to consider the other prayers at present. i am inclined to allow that prayer. accordingly, this writ petition is disposed of with a direction to the 2nd respondent to consider and pass orders on ext.p2, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment.

Judgment:

1. The petitioner, a Deputy General Manager at the Air Cargo Terminal of the 2nd respondent company, is aggrieved by denial of annual increment. Seeking this relief, the petitioner has already filed Ext.P2 representation. The petitioner seeks the following reliefs;

"(i) issue a writ of certiorari or any other appropriate writ, direction or order and quash Ext.P1 order issued by the 2nd respondent company;

(ii) Issue a writ of certiorari or any other appropriate writ, direction or order and quash Ext.P7 notification issued by the 5th respondent;

(iii) issue a writ of mandamus or any other appropriate writ, direction or order commanding the 2nd respondent to forthwith transfer the petitioner back to the Human Resources Department of the 2nd respondent company;

(iv) Issue a writ of mandamus or any other appropriate writ, direction or order commanding the 2nd respondent to promote the petitioner to the post of General Manager (HR) against the available vacancy;

(v) issue a writ of mandamus or any other appearance writ, direction or order commanding the 2nd respondent to sanction the annual increment admissible to the petitioner that has fallen due on 01.09.2010; or alternatively;

(vi) Issue a writ of mandamus or any other appropriate writ, direction or order commanding the 2nd respondent to consider and pass orders on Ext.P2 representation."

2. A Since the petitioner has inter alia sought disposal of Ext.P2 representation, if the same is allowed, it is not necessary to consider the other prayers at present. I am inclined to allow that prayer. Accordingly, this writ petition is disposed of with a direction to the 2nd respondent to consider and pass orders on Ext.P2, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment.