Disposed

K.K.Shyamala v. the State of Kerala

Kerala HC2 Jan 2008WP(C)/13/2008

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged a lower authority's rejection of her claim for reassignment of her appointment date. The single-judge bench directed the petitioner to file a detailed representation before the First Respondent for reconsideration.

What did the court decide?

The petitioner was directed to file a representation detailing her claim before the First Respondent within one month.

K.K.Shyamala Vs the State of Kerala — Pension and Retirement Benefits | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.GIRI

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WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929

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WP(C).No. 13 of 2008(B)

PETITIONER:

K.K.SHYAMALA, D/O.KUNJUMON, HOSPITAL ATTENDANT GRADE II, DISTRICT HOSPITAL, IDUKKI.

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BY ADV. SRI.M.SASINDRAN SRI.T.R.JAGADEESH

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RESPONDENTS:

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THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY DEPARTMENT OF HEALTH, SECRETARIAT, THIRUVANANTHAPURAM.

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THE DISTRICT MEDICAL OFFICER, OFFICE OF THE DIST.MEDICAL OFFICER PAINAVU P.O., IDUKKI DISTRICT.

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BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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V.GIRI,J.

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W.P ( C) No.13 of 2008

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Dated this the 2^nd January, 2008

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J U D G M E N T

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The petitioner while working as a Part time Sweeper was appointed as Hospital Attendant Gr.II. According to her, by virtue of Exhibit P1 order, she was entitled to get a preferential treatment in the matter of employment. Petitioner was actually appointed as Hospital Attendant Gr.II with effect from 18.6.2007. According to the petitioner, she is entitled to reassignment of the date of appointment as Hospital Attendant Gr.II with effect from 28.12.2006. She claims the said date on the premise that her juniors were promoted with effect from 28.12.2006. Her claim has not been accepted by the District Medical Officer, as evidenced by Exhibit P10. Exhibit P10 is under challenge in this writ petition.

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In my view, it will be appropriate for the petitioner to move the Government raising her claim, if necessary, challenging the stand taken by the District Medical Officer.

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After having heard the learned Government Pleader also, this writ petition is disposed of directing the petitioner to file a representation detailing her claim before the 1^st respondent

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W.P ( C) No.13 of 2008

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within a period of one month from today. If it is so done, the 1^st respondent shall consider whether the petitioner's juniors were appointed as Hospital Attendant Gr.II with effect from the date prior to the date assigned to the petitioner and take a decision on the petitioner's representation after hearing the petitioner, within a period of three months thereafter.

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(V.GIRI, JUDGE)

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W.P ( C) No.13 of 2008

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K.THANKAPPAN,J

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CRL.A. NO.92 OF 1999

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ORDER

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25^th May, 2007

K.K.Shyamala v. the State of Kerala

Case brief

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K.K.Shyamala v. the State of Kerala

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