Allowed

Mini V.R. v. State of Kerala

Kerala HC10 Nov 2011WP(C)/19427/2007

Case brief

AI extract

What is this about?

In this writ petition concerning the regularization of service of a casual sweeper, the High Court of Kerala, relying on a prior judgment in W.P.(C) No. 15120 of 2007, quashed the impugned orders and directed the Panchayath to regularize the petitioner's service as a Part Time Sweeper and disburse consequential benefits within a specified period.

What did the court decide?

Quashed the impugned orders. Directed the third respondent to regularize the petitioner's service as Part Time Sweeper within three months and disburse benefits within one month thereafter.

Mini V.R. Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2011)

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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 P.R.RAMACHANDRA MENON

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THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933

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WP(C).No. 19427 of 2007(K)

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

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PETITIONER:

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MINI.V.R., VADAKUNCHERI HOUSE, PUDUVASSERI, NEDUMBASSERI P.O., PARAMBAYAM.

BY ADV. MR. P.SANJAY

MR. A.PARVATHI MENON

RESPONDENTS :

THE STATE OF KERALA REPRESENTED BY JOINT SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.

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DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM.

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CHENGAMANAD GRAMA PANCHAYAT, REP. BY ITS SECRETARY, PUTHUVASSERI, NEDUMBASSERI P.O., ERNAKULAM DIST.

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R1 & 2 BY GOVERNMENT PLEADER MR. A. J. JOSE R3 ADV. MR. C.M.SURESH BABU

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) NO. 19427 OF 2007

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APPENDIX

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PETITIONER'S EXHIBITS :

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EXT. P1	: TRUE COPY OF THE MUSTER ROLL DATED APRIL 2003 AND APRIL 2007
EXT. P1 (a)	: TRUE COPY OF THE CERTIFICATE ISSUEDTO HER LENGTH OF SERVICE.
EXT. P2	: TRUE COPY OF THE JUDGMENT IN W.P. NO. 17776 / 04 DATED 18.04.04
EXT. P3	: TRUE COPY OF THE JUDGMENT IN WP 28060 / 2003 DATED 25.05.04
EXT. P4	: TRUE COPY OF THE MEMO DATED 19.05.2007
EXT. P5	: TRUE COPY OF THE ORDER ISSUED BY THE PANCHAYATH DEAPRTMENT DATED 18.04.2007

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/TRUE COPY/

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P.A. TO JUDGE

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P.R. RAMACHANDRA MENON J.

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W.P(C) No. 19427 of 2007

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Dated, this the 10^th day of November, 2011

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JUDGMENT

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The petitioner has approached this Court with the following

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prayers :

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i. call for the records relating to Exts. P4 and P5 and peruse the same.

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ii. Issue a writ of certiorari and quash Exts. P4 and P5 orders

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iii. Issue a Writ of Mandamus or any other appropriate writ directing the respondents to reinstate the petitioner in the past of casual sweeper with out any further delay.

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iv. declare that petitioner is entitled to continue as casual sweeper in the light of Exts. P2 and P3 judgments of this Hon'ble Court.

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v. Direct the respondent o retain petitioner in service in view of Exts. P2 and P3.

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vi. Issue any other order or direction that this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

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Heard the learned Government Pleader appearing for the

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respondents 1 and 2 and the learned standing counsel appearing for the 3^rd respondent Panchayath.

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During the course of hearing, it is brought to the notice of this Court by the learned counsel for the petitioner that, the issue involved in this case is squarely covered by the judgment dated 22.10.2009 in W.P.(C) No. 15120 of 2007.

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W.P.(C) No. 19427 of 2007

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: 2 :

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In the above circumstances, Exts. P4 and P5 are set aside. The third respondent is directed to pass appropriate orders regularizing the service of the petitioner as Part Time Sweeper in the Panchayath. The orders as above shall be passed as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. The consequential benefits, if any shall also be disbursed to the petitioner at the earliest, at any rate, within one month thereafter.

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The Writ Petition is disposed of.

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Sd/-

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P. R. RAMACHANDRA MENON, JUDGE

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kmd

Mini V.R. v. State of Kerala

Case brief

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Mini V.R. v. State of Kerala

Case brief

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