Disposed

C.Kamalakshy v. State of Kerala

Kerala HC12 Jul 2010WP(C)/5630/2010

Case brief

AI extract

What is this about?

The High Court of Kerala directed the Fourth Respondent to make a proposal for regularising the petitioner's services under a Government Order, pending final orders by the First Respondent within three months based on a certificate regarding the sweeping area size.

What did the court decide?

Direction to the Fourth Respondent to make a proposal for regularisation; direction to the First Respondent to pass orders within three months.

C.Kamalakshy 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 ANTONY DOMINIC

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MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932

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WP(C).No. 5630 of 2010(C)

PETITIONER(S):

C.KAMALAKSHY, W/O.L.RAJAN, PART-TIME SWEEPER, COMMERCIAL TAX OFFICE, ANCHAL P.O., KOLLAM DISTRICT.

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BY ADV. SRI.M.V.THAMBAN

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RESPONDENT(S):

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STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF TAXES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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THE COMMISSIONER OF COMMERCIAL TAXES, THIRUVANANTHAPURAM.

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THE DEPUTY COMMISSIONER, COMMERCIAL TAXES OFFICER, KOLLAM.

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THE COMMERCIAL TAX OFFICER, COMMERCIAL TAX OFFICE, ANCHAL P.O., KOLLAM DIST.

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MR.ANTONY MUKKATH, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC NO.5630/2010

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APPENDIX

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PETITIONER'S EXHIBITS

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P1 : COPY OF THE GO(P) NO.831/80/RD DATED 03/11/1980.

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P2 : COPY OF GO(MS) NO.850/84/RD DATED 30/08/1984.

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P3 : COPY OF JUDGMENT DATED 07/10/2003 IN WP(C) NO.31214/2003.

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P4 : COPY OF GO(P) NO.501/2005/FIN. DATED 25/11/2005.

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P5 : COPY OF SWEEPING AREA CERTIFICATE DATED 24/11/2008.

//TRUE COPY//

PA TO JUDGE.

ANTONY DOMINIC, J.

W.P.(C.) No.5630 of 2010 (C)

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Dated, this the 12^th day of July, 2010

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J U D G M E N T

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The petitioner submits that she is a Part Time Sweeper in the Office of the 4^th respondent since 01/04/1986. In this writ petition her claim is for regularisation of her service in terms of the provisions contained in Ext.P4, GO(P) No.501/2005/Fin dated 25/11/2005. The petitioner submits that as per Ext.P5, the sweeping area has been certified to be more than 100 sq.m. and that therefore the respondents have to regularise her services.

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If as stated by the petitioner in view of the provisions contained in Ext.P4 Government Order she is entitled to have her services regularised, having regard to the area as disclosed in Ext.P5, necessarily, the 4^th respondent has to make an appropriate proposal to the 2^nd respondent, who in turn has to take up the matter before the 1^st respondent for final orders.

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If, so far a proposal has not been made as above, it is directed that the 4^th respondent shall make an appropriate proposal

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WP(C) No.5630/2010

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-2-

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to the 2^nd respondent, who in turn shall submit the same to the 1^st respondent, and orders on the claim of the petitioner for regularisation shall be passed by the 1^st respondent duly taking into account Ext.P4 Government Order and Ext.P5 certificate.

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Therefore, this writ petition is disposed of with the following directions:-

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On the production of a copy of this judgment before the 4^th respondent, the 4^th respondent shall consider Ext.P5 certificate and make appropriate proposal to the 2^nd respondent in terms of Ext.P4. On its receipt, the 2^nd respondent shall submit the same to the 1^st respondent, who shall pass orders thereon within three months of its receipt.

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The petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 4^th respondent for compliance.

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This writ petition is disposed of as above.

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(ANTONY DOMINIC, JUDGE)

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C.Kamalakshy v. State of Kerala

Case brief

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C.Kamalakshy v. State of Kerala

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