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2017 Supreme(Online)(KER) 43345

HIGH COURT OF KERALA
ANIL K. NARENDRAN, J
SAVITHRI – Appellant
Versus
THE DEPARTMENT OF CO-OPERATION – Respondent
WRIT PETITION (CIVIL) 36093/2017



Judicial intervention is warranted to ensure timely consideration of employee grievances in public employment contexts.

Headnote:

Regularisation - Employment - Article 226 - Court directed consideration of representation for service regularisation.

Fact of the Case:

The petitioner, a daily wage Sweeper, sought a writ of mandamus for regularisation of her service at the Kerala State Co-operative Bank Ltd, stating that her representation on the issue remained pending.

Finding of the Court:

The court directed the second respondent to consider and decide on the petitioner's pending representation within one month without commenting on the merits of the case.

Issues: Whether the court could compel the authority to consider a representation concerning the regularisation of service.

Ratio Decidendi: The court emphasized the need for a timely decision on representations made by employees, aligning with the principles of administrative fairness.

Final Decision: The court ordered the second respondent to take timely action on the pending representation.

J U D G M E N T

The petitioner, who is working as a daily wage Sweeper in Kerala State Co-operative Bank Ltd, Thrissur Branch as per Order No.P&E/PD/II/CS/489/2005-2006 dated 23.4.2005, is before this Court in this writ petition filed under Article 226 of the Constitution of India , seeking a writ of mandamus commanding the second respondent to regularise her service. The petitioner has also sought for various other reliefs including a writ of mandamus commanding the second respondent to consider and pass appropriate orders on Exts.P4 and P5 within a time limit to be fixed by this Court.

2. Heard the learned counsel for the petitioner, the learned counsel for respondents 1 and 2 and also the learned Government Pleader for respondents 3 and 4.

3. During the course of arguments, the learned counsel for the petitioner would submit that the petitioner has submitted a representation dated 13.9.2017 before the Government highlighting her grievance on the issue of regularisation and the said representation has already been forwarded by the Government to the Managing Director of the Bank, the second respondent herein, as evident from Ext.P7 receipt dated

18.9.2017.

4. The learned counsel for respondents 1 and 2 would submit that the said representation dated 13.9.2017 is now pending consideration before the second respondent .

In such circumstances, without going into the merits of the rival contentions, this writ petition is disposed of by directing the second respondent to consider and pass appropriate orders on the representation dated 13.9.2017 of the petitioner referred to in Ext.P7 with notice to the petitioner, as expeditiously as possible, at any rate, within a period of one month from the date of receipt a certified copy of this judgment.

It is made clear that this Court has not expressed anything on the merits of the claim made by the petitioner in the aforesaid representation and it is for the second respondent to take a decision, strictly in accordance with law.

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