IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 OP.No. 16842 of 1998(E) ---------------------------------- PETITIONERS: ------------------- 1. V.UDAYAKUMAR, HELPER, KERALA STATE CIVIL SUPPLIES CORPORATION LTD., REGIONAL OFFICE, ERNAKULAM. 2. K.C.KRISHNAKUMARI, HELPER, KERALA STATE CIVIL SUPPLIES CORPORATION LTD., REGIONAL OFFICE, ERNAKULAM. 3. K.V.RAGINI, HELPER, KERALA STATE CIVIL SUPPLIES CORPORATION LTD., REGIONAL OFFICE, ERNAKULAM. 4. V.L.SANTHAKUMARI, HELPER, KERALA STATE CIVIL SUPPLIES CORPORATION LTD., GANDHINAGAR, ERNAKULAM KOCHI 20. 5. RAJESWARI C. PANICKER, HELPER, KERALA STATE CIVIL SUPPLIES CORPORATION LTD., GANDHINAGAR, ERNAKULAM KOCHI- 20. 6. T.N.SANKUNATHALA, HELPER, KERALA STATE CIVIL CORPORATION LTD./, GANDHINAGAR , ERNAKULAM KOCHI 20. 7. L.SEETHADEVI, HELPER, KERALA STATE CIVIL SUPPLIES CORPORATION LTD., REGIONAL OFFICE, KOTTAYAM. 8. K.C.CHANDRIKA KUMARI, HELPER, KERALA STATE CIVIL SUPPLIES CORPORATION LTD., REGIONAL OFFICE, THIRUVANANTHAPURAM. 9. N.SYAMALA VIJAYAN, HELPER, REGIONAL OFFICE, KERALA STATE CIVIL SUPPLIES CORPORATION LTD., KOZHIKODE. BY ADV. SRI.V.P.SUKUMAR OP. NO.16842/1998 RESPONDENTS: ----------------------- 1. THE STATE OF KERALA REP.BY THE SECRETARY TO GOVERNMENT, FOOD & CIVIL SUPPLIES DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM. 2. THE KERALA STATE CIVIL SUPPLIES CORPORATION LTD., GANDHINAGAR KOCHI 20, REP.BY ITS MANAGING DIRECTOR. BY GOVERNMENT PLEADER SRI.V.T.K.MOHANAN SRI.GEORGE POONTHOTTAM,SC, KSCSC SRI.THOMAS MATHEW NELLIMOOTTIL,SC,SUPPL R2 BY ADV. SMT.MOLLY JACOB,SC,SUPPLYCO THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 18/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. NO.16842/1998 ORDER ON CMP. NO.29842/1998 IN OP. 16842/1998 DISMISSED 18.01.2008 SD/- T.R.RAMACHANDRAN NAIR, JUDGE APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE CIRCULAR NO.3/94 DT. NIL. ISSUED BY THE 2NS RESPONDENT EXT.P2:- COPY OF THE REPRESENTATION DT. 2.2.95 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT. EXT.P3:- COPY OF THE AGENDA NOTE DT. 2.9.96. EXT.P4:- COPY OF THE G.O.(RT) 346/96/F &CSD DT. 24.12.1996. EXT.P5:- COPY OF THE REPRESENTATION DT. 30.6.97 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. EXT.P6:- COPY OF THE NOTIFICATION DT. 16.6.98 ISSUED BY THE 2ND RESPONDENT. /TRUE COPY/ P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P.NO.16842 of 1998-E - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of January, 2008. JUDGMENT The petitioners are permanently working as Helpers under the second respondent Corporation. At the time of filing of the original petition, the petitioners have completed more than 10 years of service under the second respondent. The petitioners 1 to 6 and 7 are graduates and petitioners 8 and 9 have passed Pre-degree. All of them have obtained higher grade in the post in which they are working, after the completion of 10 years. 2. One of the complaints raised in the original petition relates to the absence of any promotional avenues for the petitioners, even though according to them, all other employees and officers have several avenues of promotion. Be that as it may, in 1993 the Corporation had decided to appoint computer operators as part of the computerisation programme. Meanwhile, the petitioners were given training in computer operation also. According to the petitioners, 20 persons were given training in computer operation, out of which, 15 persons including the petitioners were appointed in the Sales Accounts Wing in the regional offices and head office of the second respondent Corporation. It is also averred that from 1993-94 OP 16842/1998 -2- onwards they are discharging duties exactly identical to Console Operators - cum- Data Entry Operators. Even though they were doing such duties, they are only considered as last grade servants, which compelled them to file Ext.P2 representation. It is averred that after considering their demands, the Managing Director of the second respondent Corporation put up a proposal before the Board of Directors to appoint the 15 trained Helpers as Console Operators - cum- Data Entry Operators. The petitioners have filed this original petition at the point of time when the Corporation had placed the matter before the Board of Directors apparently for getting sanction of the posts and for proceeding with the steps for recruitment, etc. 3. In the counter affidavit filed by the second respondent, it is pointed out that the averments of the petitioners that they are not having any promotional avenues, is not correct and actually the higher grade helpers have been promoted to the post of Junior Assistants. It is also pointed out that the qualified helpers were given training as part of the computerisation of accounts in the head office and regional offices to utilise their services in such offices. In paragraph 8 of the counter affidavit, it is pointed out that the Board of Directors have decided to create 15 posts of Data Entry Operators in the scale of pay of Rs.1050 - 1660 by converting 15 posts of Helpers and the matter was placed before the Government and the decision OP 16842/1998 -3- of the Government is awaited. 4. Learned Standing Counsel appearing for the second respondent submits that while the original petition was pending, the Government has already passed orders granting sanction for creation of the posts. It is up to to the second respondent Corporation to proceed with the steps for filling up of the posts as per the order of sanction issued by the Government. If the petitioners want to pursue their claim before the second respondent, they will be free to file a representation within a period of one month from today, in the event of which, the second respondent will consider the matter in accordance with law and pass appropriate orders. With the above direction, the original petition is disposed of. (T.R. Ramachandran Nair, Judge.) kav/ OP 16842/1998 -4- T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - O.P. No.16842 of 1998-E - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 18th January, 2008.