Disposed

K.K.Abdul Rafeek v. State of Kerala

Kerala HC22 Jul 2010RP/211/2010

Case brief

AI extract

What is this about?

Review petition filed by an administrative employee dismissed from service due to unauthorized absence. The High Court clarified that prior appointments of other candidates based on court directions shall not prejudice the petitioner if his subsequent disciplinary action is finalized in his favour.

What did the court decide?

Review petition disposed of; clarified that carrying out the judgment's direction by appointing another candidate shall not prejudice the petitioner if disciplinary action is finalized in his favour.

K.K.Abdul Rafeek Vs State of Kerala — Service and Employment | Kerala HC (2010)

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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 ANTONY DOMINIC THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932

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RP.No. 211 of 2010(M) --------------------AGAINST THE JUDGEMENT/ORDER IN WPC.26564/2009 Dated 30/11/2009

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REVIEW PETITIONER(S):

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KK. ABDUL RAFEEK, COMMERCIAL TAX PRACTITIONER(TRAINEE), KURUVAKKUNIL HOUSE, KARINGANAD, VALIYOUR P.O., PALAKKAD DISTRICT-679 309

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BY ADV. SRI.B.S.KRISHNAN, SENIOR ADVOCATE SRI.K.ANAND (A.201)

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SMT.LATHA KRISHNAN

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RESPONDENT(S):

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--------------1. ANURAJ V.G., S/O. SRI. V..R. GOPAL, AGED 40NYERAS, RESIDING AT HOUSE NO.10/1543-A, KASINATHAN LANE, SOUTH THAMARAPARAMBU, FORT KOCHI-682 001.

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STATE OF KERALA REP. BY ITS SECRETARY, COMMERCIAL TAX DEPARTMENT GOVT. SECRETARIAT, TRIVANDRUM.

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THE COMMISSOINER, COMMERCIAL TAX DEPARTMENT GOVT,. SECRETARIAT, TRIVANDRUM.

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KERALA PUBLIC SERVICE COMMISSION, REP. BY ITS SECRETARY, PATTOM, THIRUVANANTHAPUAM.

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ADV. SRI.O.V.RADHAKRISHNAN, SENIOR ADVOCATE FOR R1 SMT.K.RADHAMANI AMMA FOR R1 SRI.K.RAMACHANDRAN (THYKOODAM) FOR R1

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THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 22/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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ANTONY DOMINIC, J.

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

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RP.NO.211/2010 in W.P.(C) NO.26564/2009

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

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Dated this the 22^nd day of July, 2010

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ORDER

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The petitioner is not a party to the writ petition.

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By judgment dated 30^th November, 2009, the writ petition was disposed of directing the Commissioner for Commercial Taxes to report two vacancies, one of which arose on account of the alleged unauthorized absence of the Review Petitioner. In this review petition what the petitioner submits is that on completion of higher studies, though the review petitioner reported for duty, he is not permitted to join, which according to him, is for the reason that this court has passed the order directing that the vacancy arisen on account of his absence shall be reported to the PSC.

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On behalf of the writ petitioner it is submitted that pursuant to the direction, vacancies were reported, he was advised and appointed by order dated 8.3.2010.

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If as stated by the review petitioner, disciplinary action initiated on account of his alleged unauthorized absence is still pending and ultimately it is finalized in his favour, the fact that

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R.P.No211 /2010

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:2 :

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pursuant to the direction in the judgment a candidate has been advised or appointed cannot act to his prejudice.

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Therefore this review petition is disposed of clarifying

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that if ultimately the disciplinary action against the review petitioner is finalized in his favour, the fact that the directions in the judgment has been carried out or a candidate has joined shall

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not be to his prejudice.

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Review Petition is closed.

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(ANTONY DOMINIC) JUDGE

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vi/

K.K.Abdul Rafeek v. State of Kerala

Case brief

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K.K.Abdul Rafeek v. State of Kerala

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