HIGH COURT OF KERALA
P.V.KUNHIKRISHNAN, J
SURESH KUMAR B.O. – Appellant
Versus
THE ASSUSTANT REGISTRAR – Respondent
WP(C) 12700/2016
Writ - Employment - N/A - The court discussed the entitlements of the petitioner regarding his employment status and training course eligibility, focusing on procedural aspects and communications between relevant authorities.
Fact of the Case:
The petitioner sought recognition as a regular employee entitled to attend a training course, contesting the denial based on his commission-based employment classification.
Finding of the Court:
The court noted procedural irregularities and that the reason for denying the training opportunity lacked adequate follow-up action from the respondent, suggesting a lack of firmness in their claims.
Issues: Whether the petitioner, classified as a commission-based employee, is entitled to attend the training course, considering conflicting observations on his employment classification.
Ratio Decidendi: The court emphasized that endorsements made by officials in unrelated contexts require substantive follow-up actions and must not be used to unjustly deny employee entitlements.
Final Decision: The writ petition was disposed of without prejudice, allowing room for any future grievances.
This writ petition is filed with following prayers:
2. The application form submitted by the petitioner to attend the JDC Training Course for the year 2016-17 shall be provisionally accepted. The same shall be subject to further orders in the writ petition.
3. Further, in Exhibit P9 the first respondent has observed as follows:
4. Going by the submissions made by the learned counsel for the petitioner, the first respondent seems to have been observing in the manner indicated above with religious regularity in every application that has been presented to him. Prima facie, it seems the observation is gratis and perhaps uncalled for. However, I hasten to add that the first respondent may have his reasons to come to a conclusion that the pay fixation is illegal. But more endorsement in unconnected proceedings on the alleged illegality will not suffice. As a responsible official, he ought to have taken further steps.
5. The first respondent, in these circumstances, shall file a counter affidavit explaining whether at any point in time he has taken any follow up steps pursuant to his observation that the pay scales of the Bill Collectors ought not to have been fixed.”
3.Today, when the matter came up for consideration, the counsel for the 2nd respondent submitted that the duration of the course is already over.
4.If that be the case, nothing survives in this case. This writ petition need not be retained here. If there is any surviving grievance to the petitioner, the same is left open.
With the above observation, this writ petition is disposed of.
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