Disposed

Resmi.v. v. the Kerala State Sports Council

Kerala HC1 Nov 2012WP(C)/11913/2011

Case brief

AI extract

What is this about?

Petitioner challenged selection and appointment of a Swimming Coach ranking lower than him. Court closed writ petition in light of Standing Committee decision to appoint petitioner, directing appointment order to be issued within one week and seniority question left for finalisation.

What did the court decide?

Writ petition closed; appointment order to be issued within one week; inter se seniority question left open.

Resmi.v. Vs the Kerala State Sports Council — Pension and Retirement Benefits | Kerala HC (2012)

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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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TUESDAY, THE 1ST DAY OF NOVEMBER 2012/10TH KARTHIKA 1934

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WP(C).No. 11913 of 2011 (L)

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PETITIONER:

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RESMI.V. RATHEESH BHAVAN, KUCKIRI, PACHA, PALUVALLY P.O., THIRUVANANTHAPURAM.

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BY ADV. SRI.MILLU DANDAPANI

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RESPONDENTS:

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THE KERALA STATE SPORTS COUNCIL

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REPRESENTED BY ITS SECRETARY

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THIRUVANANTHAPURAM-695 001.

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THE KERALA PUBLIC SERVICE COMMISSION,

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REPRESENTED BY ITS SECRETARY, PATTOM

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THIRUVANANTHAPURAM-695 004.

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THE STATE OF KERALA REPRESENTED BY THE SECRETARY, SPORTS AND YOUTH AFFAIRS SECTION THIRUVANANTHAPURAM-695 001.

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ANANDAM.M.K., KARIYOLAGRAMAM, PERINKULAM P.O., PALAKKAD DISTRICT- 698 542.

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R1 BY PIRAPPANCODE V.S.SUDHEER,SC,SPORTS COUNCIL BY ADV. SMT.P.K.RADHIKA,SC,STATE SPORTS COUNCIL R2 BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC R3 BY ADV. GOVERNMENT PLEADER ADV. MR. T.R. RAJESH R4 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY BY ADV. SMT.N.SANTHA BY ADV. SRI.K.A.BALAN BY ADV. SRI.PETER JOSE CHRISTO BY ADV. SRI.S.A.ANAND BY ADV. SMT.K.N.REMYA

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)11913 of 2011

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APPENDIX

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PETITIONER'S EXHIBITS

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EXT. P1	:	A TRUE COPY OF THE RELEVANT PAGES OF RANK LIST PUBLISHED BY THE 1ST RESPONDENT DATED 21.12.2011.
EXT.P2	:	A TRUE COPY OF THE REQUEST MADE UNDER RTI ACT DATED 21.03.2011.
		/TRUE COPY/

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P.S. TO JUDGE.

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P.R. RAMACHANDRA MENON, J.

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Dated this the 1^st November, 2012

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J U D G M E N T

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The petitioner is challenging selection and appointment of the 4^th respondent as Swimming Coach in the first respondent's Council. The case of the petitioner is that the petitioner stands ranked at Sl.No.12 in Ext.P1 rank list while the 4^th respondent is placed at Sl.No.16.

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Despite pendency of more than one year, no counter affidavit has been filed from the part of the first respondent in the writ petition.

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The petitioner has filed I.A.No.14560 of 2012 , whereby it has been brought to the notice of this Court that a vacancy is to arise on 01.11.2012 pursuant to the retirement of one Venu Pillai, Swimming Coach in the 1^st respondent Council, from the service on 31.10.2012 and that the petitioner might be considered to be appointed as Swimming Coach in the 1^st respondent Council in the said vacancy w.e.f. 01.11.2012 . It is

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also submitted that the question of inter se seniority between the petitioner and the 4^th respondent could be left open to be agitated before the first respondent in due course.

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The learned Counsel for the first respondent submits that the Standing Committee of the first respondent has already convened a meeting yesterday and it has been decided to appoint the petitioner in the retirement vacancy of Venu Pillai and that the same will be given effect to forthwith,.

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In the light of the above submission, this Court finds that no further orders are called for. The writ petition is closed accordingly, leaving the question of inter se seniority between the petitioner and the 4^th respondent to be got finalised by way of appropriate steps before the 1^st respondent. The appointment order shall be issued to the petitioner forthwith, at any rate, within 'one week' from today.

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P.R. RAMACHANDRA MENON, JUDGE.

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Resmi.v. v. the Kerala State Sports Council

Case brief

What is this about?

What did the court decide?

Resmi.v. v. the Kerala State Sports Council

Case brief

What is this about?

What did the court decide?

What the court decided

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