Disposed

Jiju. P v. Sasimala Kasheerolpadaka Sahakarana Sangham Ltd. No. W.22(D) & Others

Kerala HC20 Nov 2012WP(C)/227/2012

Case brief

AI extract

What is this about?

In this writ petition concerning pay scale orders, the High Court of Kerala directed the second respondent to consider a representation filed by the petitioners, allowing liberty to file details, rather than deciding the merits immediately.

What did the court decide?

Allow liberty to file detailed representation; direct second respondent to consider representation and pass orders after hearing.

Jiju. P Vs Sasimala Kasheerolpadaka… — 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 HARUN-UL-RASHID

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TUESDAY, THE 20TH DAY OF NOVEMBER 2012/29TH KARTHIKA 1934

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WP(C).No. 227 of 2012 (C)

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

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PETITIONER(S):

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1. JIJU. P, LAB ASSISTANT SASIMALA KSHEEROLPADAKA SAHAKARANA SANGHAM LTD. NO.W.22(D) ANAND PATTERN CO-OPERATIVE SOCIETIES (APCOS) POOVANTHINKAL HOUSE, SASIMALA P.O., PULPALLY

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WAYANAD.

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2. VINOD DEVASIA, PROCUREMENT ASSISTANT SASIMALA KSHEEROLPADAKA SAHAKARANA SANGHAM LTD. NO.W.22(D) ANAND PATTERN CO-OPERATIVE SOCIETIES (APCOS) URUMBIL HOUSE, SASIMALA P.O., PULPALLY WAYANAD.

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3. GIRISH KUMAR K.R., [RPCIRE,EMT ASSISTANT, SASIMALA KSHEEROLPADAKA SAHAKARANA SANGHAM LTD. NO.W.22(D) ANAND PATTERN CO-OPERATIVE SOCIETIES (APCOS) KALATHIPARAMBIL, SASIMALA P.O., PULPALLY WAYANAD.

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BY ADVS.SRI.P.P.JACOB

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SRI.T.P.GOPAKUMAR

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RESPONDENT(S):

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1. SASIMALA KASHEEROLPADAKA SAHAKARANA SANGHAM LTD. NO. W.22(D) & ANAND PATTERN CO-OPERATIVE SOCIETIES (APCOS) P.O.SASIMALA, PULPALLY, WAYANAD DISTRICT-673 579 REPRESENTEDBY ITS SECRETARY.

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2. THE DEPUTY DIRECTOR DAIRY DEVELOPMENT DEPARTMENT DAIRY DEVELOPMENT OFFICE,KALPETTA, WAYANAD-673 579.

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3. THE PRINCIPAL SECRETARY TO GOVERNMENT AGRICULTURAL (DAIRY DEVELOPMENT) DEPARTMENT GOVERNMENT SECRETRIAT, CO-OPERATIVE (C) DEPARTMENT SECRETRIAT, THIRUVANANTHAPURAM-695 001.

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R1 BY ADV. SRI.P.N.MOHANAN

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R2 & R3 BY GOVERNMENT PLEADER SMT.ANITHA RAVINDRAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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tss

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W.P.(C) NO.227/2012

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APPENDIX

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PETITIONER(S) EXHIBITS

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EXT.P1 : TRUE PHOTOCOPY OF THE CIRCULAR NO.H1/1982/99 DTD.22.3.2001 ISSUED BY THE DAIRY DIRECTOR.

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EXT.P2 : TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE GOVERNMENT VIDE GO(Rt)NO.1869/2001/AD DTD.1.12.2004.

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EXT.P3 : TRUE PHOTOCOPY OF THE CIRCULAR NO.2/16696/2002 DTD.15.12.2004 ISSUED BY THE DAIRY DIRECTOR.

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EXT.P4 : TRUE PHOTOCOPY OF THE GOP NO.210/2008/AGI. DTD.15.12.2008.

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EXT.P5 : TRUE PHOTOCOPY OF THE REQUEST ISSUED BY 1ST RESPONDENT TO THE 2ND RESPONDENT DTD.4.12.2009.

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EXT.P6 : TRUE PHOTOCOPY OF THE ORDER ISSUED BY 2ND RESPONDENT DTD. 23.6.2011 VIDE NO.B/2078/09.

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EXT.P7 : TRUE PHOTOCOPY OF THE ORDER ISSUED BY 2ND RESPONDENT DTD.23.6.2011 FIXING PAY SCALE OF 1ST PETITIONER VIDE NO.B/499/10(1).

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EXT.P8 : TRUE PHOTOCOPY OF THE ORDER ISSUED BY 2ND RESPONDENT DTD.23.6. 2011 FIXING PAY SCALE OF 2ND PETITIONER VIDE NO.B/499/10(3).

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EXT.P9 : TRUE PHOTOCOPY OF THE ORDER ISSUED BY 2ND RESPONDENT DTD.23.6. 2011 FIXING PAY SCALE OF 3RD PETITIONER VIDE NO.B/499/10(2).

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EXT.P10: TRUE PHOTOCOPY OF THE ORDER ISSUED BY 2ND RESPONDENT REVISING THE PAY SCALE OF THE 1ST PETITIONER DTD.16.9.2011 VIDE NO. B/499/10(1).

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EXT.P11: TRUE PHOTOCOPY OF THE ORDER ISSUED BY 2ND RESPONDENT REVISING THE PAY SCALE OF THE 3RD PETITIONER DTD.16.9.2011 VIDE NO.B/ 499/10(1).

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EXT.P12: TRUE PHOTOCOPY OF THE ORDER ISSUED BY 2ND RESPONDENT REVISING THE PAY SCALE OF THE 2ND PETITIONER DTD.16.9.2011 VIDE NO.B/ 499/10(1).

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EXT.P13: TRUE PHOTOCOPY OF THE REPRESENTATION ISSUED BY PETITIONERS TO THE PRESIDENT OF THE 1ST RESPONDENT DTD.3.12.2011.

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EXT.P14: TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DTD.6.12.2011.

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P15:- COPY OF THE RESOLUTION NO.1 DTD. 2.6.99 OF THE COMMITTEE.

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P16:- COPY OF THE CERTIFICATE DTD. 8.12.2006 OBTAINED FROM DAIRY TRAINING CENTRE, GOVERNMENT OF KERALA.

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P16(a):- COPY OF THE CERTIFICATE DTD. 11.6.2008 OBTAINED FROM DAIRY TRAINING CENTRE, GOVERNMENT OF KERALA.

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tss

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W.P.(C) NO.227/2012

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RESPONDENTS' EXHIBITS

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R1(a):- COPY OF THE RESOLUTIONS DTD. 31.7.2009.

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R1(B):- COPY OF THE CIRCULAR NO.3/95 DTD. 17.2.95.

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R1(c):- COPY OF THE SSLC CERTIFICATE OF THE IST PETITIONER.

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R1(d):- COPY OF THE LAST RECEIPT OF WAGES FOR THE WEEK FROM 1.8.09 TO 31.8.09 IN THE CASE OF THE IST PETITIONER.

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R1(e):- COPY OF THE LAST RECEIPT OF WAGES FOR THE WEEK FROM 21.8.09 TO 31.8.09 IN THE CASE OF THE 2ND PETITIONER.

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R1(f):- COPY OF THE LAST RECEIPT OF WAGES FOR THE WEEK FROM 21.8.09 TO 31.8.09 IN THE CASE OF THE 3RD PETITIONER.

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R1(g):- COPY OF THE OBJECTION FILED BY THE IST RESPONDENT BEFORE THE 2ND RESPONDENT.

//TRUE COPY//

P.S. TO JUDGE

tss

HARUN-UL-RASHID,J.

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W.P.(C).NO.227 OF 2012

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DATED THIS THE 20TH DAY OF NOVEMBER, 2012

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JUDGMENT

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Exts.P10 and P12 orders passed by the 2^nd respondent are under challenge. Ext.P14 is a copy of the representation submitted

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by the petitioners before the 2^nd respondent.

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When the matter is taken up for consideration today, learned counsel for the petitioners requests this Court to issue a direction to the 2^nd respondent to consider and pass appropriate orders on Ext.P14 representation. Petitioners submit that Ext.P14 representation does not contain all the contentions raised by them. In the said circumstances, the petitioner is at liberty to submit a detailed representation raising all the contentions before the 2^nd respondent within a period of two weeks from today. In that event the 2^nd respondent shall consider and pass appropriate orders on the representation, after affording an opportunity of being heard to the petitioners and the lst respondent. It is made clear that Ext.P10 and

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W.P.(C).No.227/2012

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-2-

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P12 shall not stand in the way of considering Ext.P14

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representation on merits.

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Writ Petition is disposed of as above.

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HARUN-UL-RASHID, JUDGE.

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kcv.

Jiju. P v. Sasimala Kasheerolpadaka Sahakarana Sangham Ltd. No. W.22(D) & Others

Case brief

What is this about?

What did the court decide?

Jiju. P v. Sasimala Kasheerolpadaka Sahakarana Sangham Ltd. No. W.22(D) & Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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