IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 WP(C).No. 22599 of 2005(M) -------------------------- PETITIONER(S): --------------- P.T. THOMAS, ASSISTANT MANAGER, TRANSFORMERS AND ELECTRICALS KERALA LIMITED, ANGAMALY, RESIDING AT PUSUSSERY HOUSE, KIDANGOOR P.O., ANGAMALY. BY ADV. SRI.P.J.PAULACHAN SMT.A.THEJOMAYEE DEVI SRI.K.P.ARUN KUMAR MENON RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. TRANSFORMERS AND ELECTRICALS KERALA LTD. REPRESENTED BY ITS MANAGING DIRECTOR, ANGAMALY. 3. P.N. JANARDHANAN, DEPUTY MANAGER, TRANSFORMERS AND ELECTRICALS KERALA LTD., ANGAMALY. 4. P.N. MUKUNDAN, DEPUTY MANAGER, TRANSFORMERS AND ELECTRICALS KERALA LTD., ANGAMALY. 5. SHEELA K.C., DEPUTY MANAGER, TRANSFORMERS AND ELECTRICALS KERALA LTD., ANGAMALY. ADV. SRI.M.PATHROSE MATTHAI, SENIOR ADVOCATE FOR R2 SRI.RONY J.PALLATH FOR R2 SRI.RADHIKA RAJASEKHARAN P. FOR R2 GOVERNMENT PLEADER SRI.MUHAMOOD.T.T. FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 22599/2005 APPENDIX PETITIONER'S EXHIBITS : EXT.P1: COPY OF THE ORDER NO.939 DATED 3.3.2001 OF THE CHAIRMAN OF THE COMPANY. EXT.P2: COPY OF THE REPRESENTATION ADDRESSED TO THE MANAGING DIRECTOR DATED 15.7.2002. EXT.P3: COPY OF THE LETTER DATED 28.4.2005 ISSUED TO THE PETITIONER. EXT.P4: COPY OF THE GO(RT) 589/2005/ID DATED 22.6.2005. EXT.P5: COPY OF THE ORDER NO.1026 DATED 28.6.2005. EXT.P6: COPY OF THE TELK MANAGEMENT CADRE (APPOINTMENT AND PROMOTION) RULES EXT.P7: COPY OF THE OFFICE ORDER NO.616 DATED 9.11.1992 OF THE SECOND RESPONDENT. EXT.P8 : COPY OF THE REPRESENTATION DATED 23.2.2010. RESPONDENTS' EXHIBITS : EXT.R2(a) : COPY OF HANDING OVER NOTE DATED 30.6.2005 OF THE CHARGE OF THE MANAGING DIRECTOR. /TRUE COPY/ P.A. TO JUDGE K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.22599 of 2005 --------------------------------------------- Dated this the 15th day of September, 2010 JUDGMENT The petitioner while working as Deputy Manager in Transformers and Electricals Kerala Ltd., Ext.P1 order dated 3rd March, 2001 was passed by which rank of the petitioner was reduced to that of Assistant Manager with effect from 1.3.2001. Thereafter, the petitioner continued to serve as Assistant Manager. Ext.P1 order was not challenged by the petitioner. 2. Thereafter, the petitioner submitted Ext.P2 representation dated 15th July 2002 to the Managing Director requesting to reconsider the decision in Ext.P1. By Ext.P3 dated 28th April, 2005 the petitioner was informed that his name was included in the panel of officers for being considered for promotion to the post of Deputy Manager and the petitioner was called to attend a personal interview on 7th May, 2005. As per Ext.P5 order dated 28th June, 2005, promotions were made to the WPC 22599/2005 2 cadre of Deputy General Manager, Senior Manager, Manager and Deputy Manager. Respondents 3 to 5 and one Govindan were promoted as Deputy Managers. The petitioner was not given promotion. 3. In this Writ Petition, the main challenge is against Ext.P5. The reliefs prayed for in the writ Petition are the following : “(i) Quash Exhibit P5 to the extent it supersedes the petitioner by promoting respondents 3 to 6 by the issuance of a writ of certiorari or other appropriate writ order or direction ; (ii) Direct the respondents to consider the petitioner for promotion in accordance with the rules and practice prevalent in second respondent company and to grant him his due promotion in preference to his juniors; (iii) Issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents 1 and 2 to WPC 22599/2005 3 consider Ext.P2 and like representations filed by the petitioner and recall the punishment of reduction in rank ; (iv) Grant such other reliefs as may be prayed for and the court may deem fit to grant, and (v) Grant the costs of this Writ Petition.” 4. In the counter affidavit filed by the second respondent, it is stated that while the petitioner was working as Deputy Manager, he was assigned the coordination work in the project of the Company at Surat on 18.12.2000. The petitioner refused to obey the directions issued by the superior officers and he did not report for duty at Surat. A charge sheet was issued to the petitioner and a domestic enquiry was conducted. He was found guilty for the charges levelled against him. A punishment of demotion from the post of Deputy Manager to the post of Assistant Manager was imposed on him. 5. Three vacancies of Deputy Managers arose in the WPC 22599/2005 4 technical branch of the Company during the year 2005. Selections were made strictly in accordance with the rules and Ext.P5 was issued. In paragraph 5 of the counter affidavit, it is mentioned that the petitioner secured only a total of 117 marks comprising the marks awarded for performance appraisal, merit and ability and in the interview. Respondent No.3 secured 167 marks, respondent No.4 secured 170 marks and respondent No.5 secured 169.5 marks. Accordingly, respondents 3 to 5 were selected from among the degree holders. 6. It is also stated in the counter affidavit that in the year 2007, vacancies of Deputy Managers arose and selection was conducted in which the petitioner also participated. 19 candidates participated in the selection process and 13 out of them were selected. The rank of the petitioner was 18 and therefore, he was no selected. In the counter affidavit, it is also stated that the petitioner did not submit Ext.P2 representation before the second respondent. However, he made a representation dated 15.7.2002 before the Hon'ble Minister for Industries and that WPC 22599/2005 5 representation was rejected by the Government by the communication dated 9.10.2002. In the counter affidavit, the various other contentions raised in the Writ Petition were also denied. 7. The petitioner filed I.A.No.4745 of 2010 to accept Ext.P8 as additional evidence. I.A.No.4745 of 2010 is allowed. Ext.P8 is a representation dated 23.2.2010 submitted by the petitioner to the Managing Director of the second respondent. In Ext.P8, it is stated that the petitioner has to retire from service within 15 months. A favourable decision is sought for in Ext.P8. 8. The learned counsel for the petitioner submitted that the petitioner would be satisfied, if a direction is issued to the Managing Director of the second respondent to consider and dispose of Ext.P8 representation. It is also submitted that at this distance of time, the challenge against Ext.P5 has become irrelevant. The learned counsel appearing for the second respondent submitted that the Managing Director would consider WPC 22599/2005 6 Ext.P8 representation in accordance with law, after affording an opportunity of being heard to the petitioner. 9. Accordingly, the Writ Petition is disposed of as follows: The Managing Director of the second respondent shall consider and dispose of Ext.P8 representation dated 23.2.2010 submitted by the petitioner, after affording an opportunity of being heard to the petitioner, as expeditiously as possible and at any rate, within a period of six weeks from the date of receipt of a copy of the judgment. The petitioner shall produce a copy of the judgment before the Managing Director of the second respondent. K.T.SANKARAN, JUDGE csl