Disposed

Althaf Haidary.K. v. the State of Kerala

Kerala HC10 Jul 2009WP(C)/10623/2006

Case brief

AI extract

What is this about?

High Court of Kerala disposed of a writ petition filed by contract employees of Kerala State Land Use Board with over 12 years of service. The court directed the State to consider their representation for absorption into regular service, providing a two-month deadline without adjudicating the merits of absorption eligibility.

What did the court decide?

Direction to the first respondent to consider the petitioners' prayer for absorption within two months and pass an order accordingly.

Althaf Haidary.K. Vs the State of Kerala — Pension and Retirement Benefits | Kerala HC (2009)

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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.K.MOHANAN

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FRIDAY, THE 10TH JULY 2009 / 19TH ASHADHA 1931 WP(C).No. 10623 of 2006(M) ---------------------------------------

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PETITIONERS:

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---------------------

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1. ALTHAF HAIDARY.K., GEOLOGICAL ASSISTANT, REGIONAL OFFICE, KARSHAKA NAGAR, AYYANTHOLE, THRISSUR.

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2. BALU JACOB, GEOLOGICAL ASSISTANT, REGIONAL OFFICE, KARSHAKA NAGAR, AYYANTHOLE, THRISSUR.

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3. JAGADISH BABU.R., GEOLOGICAL ASSISTANT, REGIONAL OFFICE, KARSHAKA NAGAR, AYYANTHOLE, THRISSUR.

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4. KUMARESAN.S., GEOLOGICAL ASSISTANT, REGIONAL OFFICE, KARSHAKA NAGAR, AYYANTHOLE, THRISSUR.

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5. SASILAL.M.V., GEOLOGICAL ASSISTANT, REGIONAL OFFICE, KARSHAKA NAGAR, AYYANTHOLE, THRISSUR.

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6. SUBRAMANIAM.G, GEOLOGICAL ASSISTANT, REGIONAL OFFICE, KARSHAKA NAGAR, THRISSUR.

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BY ADVS. MR.V.CHITAMBARESH, MR.T.C.SURESH MENON, MR.SREEKANTH.K.R, MR.JIBU P THOMAS, MR.SUNIL J.CHAKKALACKAL.

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RESPONDENTS:

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------------------------

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1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO PLANNING AND ECONOMIC AFFAIRS

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(B) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.

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W.P.(C). NO.10623/2006-M:

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2. THE LAND USE COMMISSIONER, THIRUVANANTHAPURAM.

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3. THE KERALA STATE PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM.

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4. S.CHANDRAMOHAN, A.D. (S.S.), KERALA STATE LAND USE BOARD, VIKAS BHAVAN, THIRUVANANTHAPURAM.

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5. M.KUTHUBDEEN, SPL (SOIL SC), KERALA STATE LAND USE BOARD, VIKAS BHAVAN, THIRUVANANTHAPURAM.

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6. A.NIZAMUDEEN, SSA, KERALA STATE LAND USE BOARD, VIKAS BHAVAN, THIRUVANANTHAPURAM.

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7. DR.K.ABDUL SAMAD, SPL (S.C.), KERALA STATE LAND USE BOARD, VIKAS BHAVAN, THIRUVANANTHAPURAM.

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8. S.SANAL KUMAR, A.D.(AGRL), KERALA STATE LAND USE BOARD, VIKAS BHAVAN, THIRUVANANTHAPURAM.

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9. S.EDISON, A.D.(AGRL),KERALA STATE LAND USE BOARD, VIKAS BHAVAN, THIRUVANANTHAPURAM.

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R1 & R2 BY GOVERNMENT PLEADER MR. T.K. VIPIN DAS, R3 BY MR. ALEXANDER THOMAS, SC, KPSC, R4, R6 TO R9 BY MR.P.RAVINDRAN, SENIOR ADVOCATE.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C). NO.10623/2006-M:

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXT.P.1: COPY OF THE ORDER ISSUED BY THE R.1. DTD. 25/08/2005.

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EXT.P.2: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS DTD. 16/01/2006.

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EXT.P.3: COPY OF THE ORDER DTD. 03/03/2006.

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RESPONDENTS' EXHIBITS:

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EXT.R8.A: COPY OF THE CHART SHOWING THE DATE OF JOINING DUTY.

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EXT.R8.B: COPY OF THE JUDGMENT IN O.P. 7480/94 DTD. 05/02/98.

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EXT.R8.C: COPY OF THE GOVERNMENT ORDER DTD. 14/06/2005.

//TRUE COPY//

P.A. TO JUDGE.

Prv.

V.K.MOHANAN, J.

W.P(C).No. 10623 of 2006 M

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Dated this the 10^th day of July, 2009

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J U D G M E N T

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The petitioners, who are working on contract

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basis in the Kerala State Land Use Board and who are having more than 12 years service, approached this Court with a prayer for a direction to the first respondent to consider Ext.P2 representation to absorb them in service and also for a direction directing respondents 1 and 2 to revert/repatriate respondents 4 to 9 to their parent department.

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When the matter is taken up today for consideration, the counsel for respondents 4 to 9 submits that respondents 4,6,7,8 and 9 were absorbed in regular service. It is also submitted by the learned counsel that fourth respondent has already retired from service and another incumbent namely, one Laly had gone back to her parent department and also respondents 6 and 7 were promoted and therefore, there are more than four vacancies to which the petitioners can be absorbed.

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Learned Government Pleader submits that as the vacancies are available, the request of the petitioner can be

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WP(C) NO.10623 of 2006

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:-2-:

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considered on merit. If that be the position, I am of the view that without entering into the merits of the case, the first respondent can be directed to consider the issue on merit, take up Ext.P2 and dispose of the same.

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In the result, this writ petition is disposed of directing the first respondent to consider the request of the petitioners for absorption in the service, as prayed for and also to consider Ext.P2, after giving an opportunity to the petitioners of being heard and the first respondent is further directed to expedite the matter, as expeditiously as possible and to pass an order, at any rate, within two months from the date of receipt of a copy of this judgment which will be produced by the petitioner.

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V.K.Mohanan, Judge

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MBS/

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WP(C) NO.10623 of 2006

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V.K.MOHANAN, J.

O.P.NO. OF 200

J U D G M E N T

WP(C) NO.10623 of 2006

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:-4-:

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DATED: -6-2009

Althaf Haidary.K. v. the State of Kerala

Case brief

What is this about?

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Althaf Haidary.K. v. the State of Kerala

Case brief

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