Disposed

V.Radhakrishnan Nair v. State of Kerala

Kerala HC23 Nov 2010WP(C)/35032/2010

Case brief

AI extract

What is this about?

Petitioners Sergeants sought direction to Director of Medical Education to consider their representations for counting military service for higher grade. Court directed Director to act within two months considering cited judgments.

What did the court decide?

Directed the Director of Medical Education to consider and dispose of representations within two months as expeditiously as possible.

V.Radhakrishnan Nair Vs State of Kerala — Pension and Retirement Benefits | 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 K.T.SANKARAN

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TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932

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WP(C).No. 35032 of 2010(D) --------------------------

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PETITIONER(S):

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V.RADHAKRISHNAN NAIR, SERGEANT, MEDICAL COLLEGE, THIRUVANANTHAPURAM.

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GIREESAN.S., SERGEANT, MEDICAL COLLEGE, THIRUVANANTHAPURAM.

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AJITH KUMAR.P.T., SERGEANT, MEDICAL COLLEGE, THIRUVANANTHAPURAM.

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HARIKUMAR, SERGEANT, MEDICAL COLLEGE, THIRUVANANTHAPURAM.

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A.SIVASUBRAMANIAN, SERGEANT, MEDICAL COLLEGE, THIRUVANANTHAPURAM.

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GANESH BABU.L., SERGEANT, MEDICAL COLLEGE, THIRUVANANTHAPURAM.

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SOMASEKHARAN NAIR.K., SERGEANT, MEDICAL COLLEGE, THIRUVANANTHAPURAM.

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K.TITAS, SERGEANT, MEDICAL COLLEGE, THIRUVANANTHAPURAM.

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N.S.SREEKUMAR, SERGEANT, MEDICAL COLLEGE, THIRUVANANTHAPURAM.

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PRADEEP KUMAR.K., SERGEANT, MEDICAL COLLEGE, THIRUVANANTHAPURAM.

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R.BALACHANDRAN NAIR, SERGEANT, MEDICAL COLLEGE, THIRUVANANTHAPURAM.

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MOHANA KUMARAN.P., SERGEANT, MEDICAL COLLEGE, THIRUVANANTHAPURAM.

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BABU PRADEEP.P.P., SERGEANT, DIRECTORATE OF MEDICAL EDUCATION, THIRUVANANTHAPURAM.

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BY ADV. SRI.ELVIN PETER P.J.

SMT.POOJA SURENDRAN

WPC 35032/2010

RESPONDENT(S):

STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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THE DIRECTOR OF MEDICAL EDUCATION, MEDICAL COLLEGE.P.O., THIRUVANANTHAPURAM.

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GOVERNMENT PLEADER SMT.NISHA BOSE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.T.SANKARAN, J.

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W.P.(C).No.35032 of 2010

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Dated this the 23^rd day of November, 2010

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JUDGMENT

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The petitioners are working as Sergeants in Medical College, Thiruvananthapuram in the Medical Education Service. Prior to their entry in the Medical Education Service, it is stated that the petitioners had rendered military service. The grievance of the petitioners is that their military service was not counted for granting first higher grade. It is stated that in Exhibit P7 judgment in W.P.(C) No.25304 of 2006 and in Exhibit P8 judgment in Writ Appeal No.1308 of 2008, it was held that the military service shall also be counted for granting the first higher grade, without refunding the benefits granted to the incumbents. It is stated that Exhibits P7 and P8 judgments were followed in several other cases, namely, Exhibits P9 and P11 to P13, and reliefs were granted on the basis of the aforesaid judgments.

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The petitioners had submitted Exhibit P16 series representations before the Director of Medical Education claiming the benefit mentioned above. Those representations

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WPC No.35032/2010

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are pending consideration.

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Though several reliefs are claimed in the Writ Petition, the learned counsel for the petitioners submitted that for the time being, it would be sufficient, if the Director of Medical Education is directed to consider Exhibit P16 series representations in the light of Exhibits P7 to P9 and P11 to P13 judgments.

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Accordingly, the Writ Petition is disposed of directing the second respondent, Director of Medical Education, to consider and dispose of Exhibit P16 series representations, in the light of Exhibits P7 to P9 and P11 to P13 judgments and also Exhibit P10 order issued by the Government implementing some of those judgments, as expeditiously as possible and, at any rate, within a period of two months from the date of receipt of a copy of the judgment. It is submitted that the petitioners waive their right to be heard before the second respondent. The petitioners shall produce a copy of the Writ Petition and certified copy of the judgment before the second respondent.

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JUDGE

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csl

V.Radhakrishnan Nair v. State of Kerala

Case brief

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V.Radhakrishnan Nair v. State of Kerala

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