Rajesh Krishnan R vs State Of Kerala And Ors

This writ petition is filed seeking the following prayers:-

"(i) To call for the records leading to the petitioner's case from the respondents.

(ii) To issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents to give appointment to the petitioner to the post of worker in Kerala Minerals and Metal Limited Chavara, Kollam, taking into consideration of the preferential category as per Ext.P1 to P3 taking into consideration of Ext.P8 issued by the 1st respondent within a stipulated time as directed by this Hon'ble Court.

(iii) To declare that the petitioner is entitled to get appointment to the post of worker in Kerala Minerals and Metal Limited, Chavara, Kollam, taking into consideration of the preferential category as per Ext.P1 to P3 taking into consideration of Ext.P8 issued by the 1st respondent.

(iv) To issue a writ of mandamus or other appropriate writ, order or direction commanding the 2nd respondent to consider and dispose of Ext.P7 Application in the light of the directions of the 1st respondent in Ext.P8 within a stipulated time as directed by this Hon'ble Court and to give appointment to the petitioner to the post of worker in Kerala Minerals and Metal Limited (Mineral Separation Unit), Chavara, Kollam, taking into consideration of the preferential category as per Ext.P1 to P3."

Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents.

It is submitted by the learned counsel for the petitioner that the land belonging to the petitioner and his family was acquired by the respondents for establishing the 2nd respondent company and that the petitioner has a preferential right to appointment going by Exts.P1 to P3 orders. It is submitted that the petitioner's name has also been included in the list of evictees eligible for preferential appointment. It is submitted that the petitioner has submitted Ext.P7 representation before the Government as well as respondents 2 and 3 and the Government had directed the consideration of the same in accordance with the preferential claim of the petitioner by Ext.P8. However, the claim has not been considered by respondents 2 and 3.

The learned Standing Counsel appearing for respondents 2 and 3 submits that the representation preferred by the petitioner will be considered in accordance with law by respondents 2 and 3.

There will, accordingly, be a direction to the 2nd respondent to take up, consider and pass orders on the representation preferred by the petitioner as evidenced from Ext.P7 and to pass orders thereon, within a period of one month from the date of receipt of a copy of this judgment. Exts.P1 to P3 shall be specifically taken note of by the 2nd respondent while considering the representation.

This writ petition is ordered accordingly.