✦ High Court of India · 24 Mar 2025

The High Court · 2025

Case Details High Court of India · 24 Mar 2025
Court
High Court of India
Decided
24 Mar 2025
Bench
D K SINGH
Length
1,135 words

Judgment

1. The petitioner who is Junior Assistant is presently working as Non-Maveli Stock Custodian in Taluk Depot of Chalakkudy of the respondent SUPPLYCO. The petitioner had submitted a request before the 4th respondent requesting him to permit the petitioner to continue as Non-Maveli Custodian in the NFSA Godown or as a Maveli Custodian. The said request of the petitioner has been rejected.

The learned Counsel for the petitioner submits that some of the employees have been permitted to continue as Maveli Stock Custodian, however, the request of the petitioner has been rejected.

3. The learned Counsel for the respondent Corporation however submits that the requests of some of the employees were considered on the ground of their health reason and there is no right vested with the petitioner under the relevant statute for him W.P.(C) NO. 27196 OF 2024 4 to continue as Maveli Stock Custodian.

4. The learned Counsel for the petitioner has not been in a position to point out any relevant rule or statute wherein some legal right is vested on the petitioner to continue on the post of Maveli Stock Custodian which was assigned to him on a temporary basis. The petitioner’s cadre is Junior Assistant and charge given to him as Non-Maveli Stock Custodian in Taluk Depot of Chalakkudy of the respondent SUPPLYCO would not confer any right to continue as Non-Maveli Stock Custodian in all time. In view thereof, I find no substance in this writ petition and, hence, the same is hereby dismissed. Sd/- D. K. SINGH JUDGE Svn W.P.(C) NO. 27196 OF 2024 5 APPENDIX OF WP(C) 27196/2024 PETITIONER EXHIBITS EXHIBIT-P1 TRUE COPY OF THE REQUEST APPLICATION DATED 14/03/2024 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXHIBIT-P2 TRUE COPY OF THE CIRCULAR NO.01/2017 DATED 23/01/2017 ISSUED BY THE 1ST RESPONDENT. EXHIBIT-P3 TRUE COPY OF THE ORDER DATED 15/03/2024 ISSUED BY THE 4TH RESPONDENT. EXHIBIT-P4 TRUE COPY OF THE APPLICATION AS PER RTI ACT DATED NIL SUBMITTED BY THE PETITIONER. EXHIBIT-P5 TRUE COPY OF THE REPLY DATED 06/07/2024 RECEIVED FROM SUPPLYCO DEPOT, PERUMBAVOOR. EXHIBIT-P6 TRUE COPY OF THE REPLY DATED 09/07/2024 RECEIVED FROM SUPPLYCO DEPOT, CHALAKKUDY. EXHIBIT-P7 TRUE COPY OF THE REPLY DATED 06/07/2024 RECEIVED FROM SUPPLYCO DEPOT, KARUNAGAPALLY. EXHIBIT-P8 TRUE COPY OF THE REPLY DATED 04/07/2024 RECEIVED FROM SUPPLYCO DEPOT, KOCHI. EXHIBIT-P9 TRUE COPY OF THE REPLY DATED 06/07/2024 RECEIVED FROM SUPPLYCO DEPOT, THRISSUR. EXHIBIT-P10 TRUE COPY OF THE REPLY DATED 05/07/2024 RECEIVED FROM SUPPLYCO DEPOT, KALPETTA. EXHIBIT-P11 TRUE COPY OF THE REPLY DATED 08/07/2024 RECEIVED FROM SUPPLYCO DEPOT, ALAPPUZHA. EXHIBIT-P12 TRUE COPY OF THE REPLY DATED 12/07/2024 RECEIVED FROM SUPPLYCO DEPOT, THIRUVALLA. EXHIBIT-P13 TRUE COPY OF THE REPLY DATED 10/07/2024 RECEIVED FROM SUPPLYCO DEPOT, PALA. W.P.(C) NO. 27196 OF 2024 6 EXHIBIT -P14 TRUE COPY OF THE REPLY DATED 11/07/2024 RECEIVED FROM SUPPLYCO DEPOT, CHANGANASSERY. EXHIBIT-P15 TRUE COPY OF THE REPLY DATED 17/07/2024 RECEIVED FROM SUPPLYCO DEPOT, KOTTAYAM. EXHIBIT-P 16 TRUE COPY OF THE REPLY DATED 27/06/2024 RECEIVED FROM SUPPLYCO DEPOT, THALASSERY. EXHIBIT-P17 TRUE COPY OF THE REPLY DATED 24/06/2024 RECEIVED FROM SUPPLYCO DEPOT, PATHANAMTHITTA. EXHIBIT-P18 TRUE COPY OF THE REPLY DATED 01/07/2024 RECEIVED FROM SUPPLYCO DEPOT, CHAVAKKAD. EXHIBIT-P19 TRUE COPY OF THE REPLY DATED 28/06/2024 RECEIVED FROM SUPPLYCO DEPOT, KOILANDI. EXHIBIT-P20 TRUE COPY OF THE REPLY DATED 01/07/2024 RECEIVED FROM SUPPLYCO DEPOT, CHENGANNUR. EXHIBIT-P21 TRUE COPY OF THE REPLY DATED 01/07/2024 RECEIVED FROM SUPPLYCO DEPOT, MYLAPRA. EXHIBIT-P22 TRUE COPY OF THE REPLY DATED 26/06/2024 RECEIVED FROM SUPPLYCO DEPOT, NEDUNKANDAM. EXHIBIT-P23 TRUE COPY OF REPLY DATED 12/07/2024 ISSUED BY SUPPLYCO DEPOT, KODUVALLY. EXHIBIT-P24 TRUE COPY OF REPLY DATED 10/07/2024 ISSUED BY SUPPLYCO DEPOT, THIRUVANANTHAPURAM. EXHIBIT-P25 TRUE COPY OF REPLY DATED 22/06/2024 ISSUED BY SUPPLYCO DEPOT, KOZHIKODE. EXHIBIT-P26 TRUE COPY OF REPLY DATED 28/06/2024 ISSUED BY SUPPLYCO DEPOT, MANJERI. EXHIBIT-P27 TRUE COPY OF THE JUDGMENT DATED 27/03/2024 IN W.P(C) NO.12444/2024. W.P.(C) NO. 27196 OF 2024 7 EXHIBIT-P28 TRUE COPY OF THE ORDER DATED 18/05/2024 PASSED BY THE 4TH RESPONDENT. EXHIBIT-P29 TRUE COPY OF THE REPRESENTATION DATED 25/05/2024 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. EXHIBIT-P30 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 30/05/2024 ISSUED BY THE DOCTOR MOYILAN’S HOSPITAL. EXHIBIT-P31 TRUE COPY OF THE JUDGMENT DATED 18/06/2024 IN W.P(C) NO.19802/2024. EXHIBIT-P32 TRUE COPY OF THE PROCEEDINGS DATED 26/06/2024 ISSUED BY THE 4TH RESPONDENT. EXHIBIT-P33 TRUE COPY OF THE LETTER DATED 10/07/2024 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXHIBIT-P34 TRUE COPY OF THE PROCEEDINGS DATED 19/07/2024 ISSUED BY THE 3RD RESPONDENT. EXHIBIT-P35 TRUE COPY OF THE PROCEEDINGS DATED 24/07/2024 ISSUED BY THE 4TH RESPONDENT. TRUE ENGLISH TRANSLATION OF EXHIBIT.P16 TRUE ENGLISH TRANSLATION OF EXHIBIT.P33 TRUE ENGLISH TRANSLATION OF EXHIBIT.P23 TRUE ENGLISH TRANSLATION OF EXHIBIT.P34 TRUE ENGLISH TRANSLATION OF EXHIBIT.P35 TRUE ENGLISH TRANSLATION OF EXHIBIT.P24 TRUE ENGLISH TRANSLATION OF EXHIBIT.P25 TRUE ENGLISH TRANSLATION OF EXHIBIT.P26 W.P.(C) NO. 27196 OF 2024 8 TRUE ENGLISH TRANSLATION OF EXHIBIT.P28 TRUE ENGLISH TRANSLATION OF EXHIBIT.P29 TRUE ENGLISH TRANSLATION OF EXHIBIT.P32 TRUE ENGLISH TRANSLATION OF EXHIBIT.P1. TRUE ENGLISH TRANSLATION OF EXHIBIT.P2 TRUE ENGLISH TRANSLATION OF EXHIBIT.P3 TRUE ENGLISH TRANSLATION OF EXHIBIT.P4 TRUE ENGLISH TRANSLATION OF EXHIBIT.P5 TRUE ENGLISH TRANSLATION OF EXHIBIT.P6 TRUE ENGLISH TRANSLATION OF EXHIBIT.P7 TRUE ENGLISH TRANSLATION OF EXHIBIT.P8 TRUE ENGLISH TRANSLATION OF EXHIBIT.P9 TRUE ENGLISH TRANSLATION OF EXHIBIT.P10 TRUE ENGLISH TRANSLATION OF EXHIBIT.P11 TRUE ENGLISH TRANSLATION OF EXHIBIT.P13 TRUE ENGLISH TRANSLATION OF EXHIBIT.P12 TRUE ENGLISH TRANSLATION OF EXHIBIT.P14 TRUE ENGLISH TRANSLATION OF EXHIBIT.P15 TRUE ENGLISH TRANSLATION OF EXHIBIT.P17 TRUE ENGLISH TRANSLATION OF EXHIBIT.P18 TRUE ENGLISH TRANSLATION OF EXHIBIT.P19 W.P.(C) NO. 27196 OF 2024 9 TRUE ENGLISH TRANSLATION OF EXHIBIT.P20 TRUE ENGLISH TRANSLATION OF EXHIBIT.P21 TRUE ENGLISH TRANSLATION OF EXHIBIT.P22

The learned Counsel for the petitioner submits that some of the employees have been permitted to continue as Maveli Stock Custodian, however, the request of the petitioner has been rejected.

3. The learned Counsel for the respondent Corporation however submits that the requests of some of the employees were considered on the ground of their health reason and there is no right vested with the petitioner under the relevant statute for him W.P.(C) NO. 27196 OF 2024 4 to continue as Maveli Stock Custodian.

4. The learned Counsel for the petitioner has not been in a position to point out any relevant rule or statute wherein some legal right is vested on the petitioner to continue on the post of Maveli Stock Custodian which was assigned to him on a temporary basis. The petitioner’s cadre is Junior Assistant and charge given to him as Non-Maveli Stock Custodian in Taluk Depot of Chalakkudy of the respondent SUPPLYCO would not confer any right to continue as Non-Maveli Stock Custodian in all time. In view thereof, I find no substance in this writ petition and, hence, the same is hereby dismissed. Sd/- D. K. SINGH JUDGE Svn W.P.(C) NO. 27196 OF 2024 5 APPENDIX OF WP(C) 27196/2024 PETITIONER EXHIBITS EXHIBIT-P1 TRUE COPY OF THE REQUEST APPLICATION DATED 14/03/2024 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXHIBIT-P2 TRUE COPY OF THE CIRCULAR NO.01/2017 DATED 23/01/2017 ISSUED BY THE 1ST RESPONDENT. EXHIBIT-P3 TRUE COPY OF THE ORDER DATED 15/03/2024 ISSUED BY THE 4TH RESPONDENT. EXHIBIT-P4 TRUE COPY OF THE APPLICATION AS PER RTI ACT DATED NIL SUBMITTED BY THE PETITIONER. EXHIBIT-P5 TRUE COPY OF THE REPLY DATED 06/07/2024 RECEIVED FROM SUPPLYCO DEPOT, PERUMBAVOOR. EXHIBIT-P6 TRUE COPY OF THE REPLY DATED 09/07/2024 RECEIVED FROM SUPPLYCO DEPOT, CHALAKKUDY. EXHIBIT-P7 TRUE COPY OF THE REPLY DATED 06/07/2024 RECEIVED FROM SUPPLYCO DEPOT, KARUNAGAPALLY. EXHIBIT-P8 TRUE COPY OF THE REPLY DATED 04/07/2024 RECEIVED FROM SUPPLYCO DEPOT, KOCHI. EXHIBIT-P9 TRUE COPY OF THE REPLY DATED 06/07/2024 RECEIVED FROM SUPPLYCO DEPOT, THRISSUR. EXHIBIT-P10 TRUE COPY OF THE REPLY DATED 05/07/2024 RECEIVED FROM SUPPLYCO DEPOT, KALPETTA. EXHIBIT-P11 TRUE COPY OF THE REPLY DATED 08/07/2024 RECEIVED FROM SUPPLYCO DEPOT, ALAPPUZHA. EXHIBIT-P12 TRUE COPY OF THE REPLY DATED 12/07/2024 RECEIVED FROM SUPPLYCO DEPOT, THIRUVALLA. EXHIBIT-P13 TRUE COPY OF THE REPLY DATED 10/07/2024 RECEIVED FROM SUPPLYCO DEPOT, PALA. W.P.(C) NO. 27196 OF 2024 6 EXHIBIT -P14 TRUE COPY OF THE REPLY DATED 11/07/2024 RECEIVED FROM SUPPLYCO DEPOT, CHANGANASSERY. EXHIBIT-P15 TRUE COPY OF THE REPLY DATED 17/07/2024 RECEIVED FROM SUPPLYCO DEPOT, KOTTAYAM. EXHIBIT-P 16 TRUE COPY OF THE REPLY DATED 27/06/2024 RECEIVED FROM SUPPLYCO DEPOT, THALASSERY. EXHIBIT-P17 TRUE COPY OF THE REPLY DATED 24/06/2024 RECEIVED FROM SUPPLYCO DEPOT, PATHANAMTHITTA. EXHIBIT-P18 TRUE COPY OF THE REPLY DATED 01/07/2024 RECEIVED FROM SUPPLYCO DEPOT, CHAVAKKAD. EXHIBIT-P19 TRUE COPY OF THE REPLY DATED 28/06/2024 RECEIVED FROM SUPPLYCO DEPOT, KOILANDI. EXHIBIT-P20 TRUE COPY OF THE REPLY DATED 01/07/2024 RECEIVED FROM SUPPLYCO DEPOT, CHENGANNUR. EXHIBIT-P21 TRUE COPY OF THE REPLY DATED 01/07/2024 RECEIVED FROM SUPPLYCO DEPOT, MYLAPRA. EXHIBIT-P22 TRUE COPY OF THE REPLY DATED 26/06/2024 RECEIVED FROM SUPPLYCO DEPOT, NEDUNKANDAM. EXHIBIT-P23 TRUE COPY OF REPLY DATED 12/07/2024 ISSUED BY SUPPLYCO DEPOT, KODUVALLY. EXHIBIT-P24 TRUE COPY OF REPLY DATED 10/07/2024 ISSUED BY SUPPLYCO DEPOT, THIRUVANANTHAPURAM. EXHIBIT-P25 TRUE COPY OF REPLY DATED 22/06/2024 ISSUED BY SUPPLYCO DEPOT, KOZHIKODE. EXHIBIT-P26 TRUE COPY OF REPLY DATED 28/06/2024 ISSUED BY SUPPLYCO DEPOT, MANJERI. EXHIBIT-P27 TRUE COPY OF THE JUDGMENT DATED 27/03/2024 IN W.P(C) NO.12444/2024. W.P.(C) NO. 27196 OF 2024 7 EXHIBIT-P28 TRUE COPY OF THE ORDER DATED 18/05/2024 PASSED BY THE 4TH RESPONDENT. EXHIBIT-P29 TRUE COPY OF THE REPRESENTATION DATED 25/05/2024 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. EXHIBIT-P30 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 30/05/2024 ISSUED BY THE DOCTOR MOYILAN’S HOSPITAL. EXHIBIT-P31 TRUE COPY OF THE JUDGMENT DATED 18/06/2024 IN W.P(C) NO.19802/2024. EXHIBIT-P32 TRUE COPY OF THE PROCEEDINGS DATED 26/06/2024 ISSUED BY THE 4TH RESPONDENT. EXHIBIT-P33 TRUE COPY OF THE LETTER DATED 10/07/2024 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXHIBIT-P34 TRUE COPY OF THE PROCEEDINGS DATED 19/07/2024 ISSUED BY THE 3RD RESPONDENT. EXHIBIT-P35 TRUE COPY OF THE PROCEEDINGS DATED 24/07/2024 ISSUED BY THE 4TH RESPONDENT. TRUE ENGLISH TRANSLATION OF EXHIBIT.P16 TRUE ENGLISH TRANSLATION OF EXHIBIT.P33 TRUE ENGLISH TRANSLATION OF EXHIBIT.P23 TRUE ENGLISH TRANSLATION OF EXHIBIT.P34 TRUE ENGLISH TRANSLATION OF EXHIBIT.P35 TRUE ENGLISH TRANSLATION OF EXHIBIT.P24 TRUE ENGLISH TRANSLATION OF EXHIBIT.P25 TRUE ENGLISH TRANSLATION OF EXHIBIT.P26 W.P.(C) NO. 27196 OF 2024 8 TRUE ENGLISH TRANSLATION OF EXHIBIT.P28 TRUE ENGLISH TRANSLATION OF EXHIBIT.P29 TRUE ENGLISH TRANSLATION OF EXHIBIT.P32 TRUE ENGLISH TRANSLATION OF EXHIBIT.P1. TRUE ENGLISH TRANSLATION OF EXHIBIT.P2 TRUE ENGLISH TRANSLATION OF EXHIBIT.P3 TRUE ENGLISH TRANSLATION OF EXHIBIT.P4 TRUE ENGLISH TRANSLATION OF EXHIBIT.P5 TRUE ENGLISH TRANSLATION OF EXHIBIT.P6 TRUE ENGLISH TRANSLATION OF EXHIBIT.P7 TRUE ENGLISH TRANSLATION OF EXHIBIT.P8 TRUE ENGLISH TRANSLATION OF EXHIBIT.P9 TRUE ENGLISH TRANSLATION OF EXHIBIT.P10 TRUE ENGLISH TRANSLATION OF EXHIBIT.P11 TRUE ENGLISH TRANSLATION OF EXHIBIT.P13 TRUE ENGLISH TRANSLATION OF EXHIBIT.P12 TRUE ENGLISH TRANSLATION OF EXHIBIT.P14 TRUE ENGLISH TRANSLATION OF EXHIBIT.P15 TRUE ENGLISH TRANSLATION OF EXHIBIT.P17 TRUE ENGLISH TRANSLATION OF EXHIBIT.P18 TRUE ENGLISH TRANSLATION OF EXHIBIT.P19 W.P.(C) NO. 27196 OF 2024 9 TRUE ENGLISH TRANSLATION OF EXHIBIT.P20 TRUE ENGLISH TRANSLATION OF EXHIBIT.P21 TRUE ENGLISH TRANSLATION OF EXHIBIT.P22

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