Daily rated workers sought appointment orders and a declaration regarding Model Code of Conduct applicability. The court closed the petition as the matter was transferred to the KAT due to changed jurisdiction.
None granted; petition disposed of with first issue left open as matter transferred to KAT.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
THURSDAY, THE 27TH DAY OF SEPTEMBER 2012/5TH ASWINA 1934
WP(C).No. 8573 of 2011 (V)
PETITIONER(S):
1. P.RAMADAS, AGED 41 YEARS, S/O.LATE PARAMESWARAN, PULIYANPARA, NELLIYAMPATHY.P.O.
2. HARIHARAN.M., AGED 30 YEARS, S/O.MURUGAN, PULIYANPARA, NELLIYAMPATHY.
BY ADVS.SRI.A.JAYASANKAR SRI.MANU GOVIND
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF AGRICULTURE, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. THE DIRECTOR OF AGRICULTURE, AGRICULTURAL DIRECTORATE, VIKAS BHAVAN, THIRUVANANTHAPURAM-695 033.
3. THE PRINCIPAL AGRICULTURE OFFICER, CIVIL STATION, PALAKKAD. 678 001.
4. THE SUPERINTENDENT,
5. ELECTION COMMISSION OF INDIA, NIRVACHAN SADAN, ASOKA NAGAR-110 001, REP.BY ITS SECRETARY.
6. THE CHIEF ELECTORAL OFFICER, STATE OF KERALA (LEGISLATIVE ASSEMBLY GENERAL ELECTIONS)OFFICE OF THE KERALA STATE ELECTION COMMISSION, LMS JUNCTION, TRIVANDRUM-695 001.
R1 TO R4 BY GOVERNMENT PLEADER SRI. T.R. RAJESH R5 & R6 BY ADV. SRI.MURALI PURUSHOTHAMAN, SC,ELE.COMMN.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
WPC.NO.8573/2011 V
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENT'S EXHIBITS: N I L
/TRUE COPY/
P.A.TO JUDGE
Kss
P.R. RAMACHANDRA MENON, J.
W.P.(C). No.8573 of 2011
Dated this the 27th day of September, 2012
JUDGMENT
The petitioners who are daily rated workers serving the 4th respondent have approached this Court mainly seeking for a direction to compel the 3rd respondent to issue consequential appointment orders pursuant to Exts.P1 and P2 to the petitioners, simultaneously seeking to declare that a model code of conduct as mentioned in Ext.P5 is not applicable to the permanent appointments to be made pursuant to Exts. P1 and P2.
W.P.C. No. 8573 of 2011
-2-
After hearing both the sides, the writ petition is disposed of,
recording the submission as aforesaid.
P.R. RAMACHANDRA MENON, JUDGE.
Kp/-
3 issues framed by the court
Whether the petitioners seeking consequential appointment orders should be allowed when jurisdiction has changed.
Whether the model code of conduct is applicable to permanent appointments under specific circulars.
Whether the petition yielding overlapping connected matters requires explicit adjudication.
P.RAMADAS
HARIHARAN.M.
STATE OF KERALA
THE DIRECTOR OF AGRICULTURE
THE PRINCIPAL AGRICULTURE OFFICER
THE SUPERINTENDENT, GOVERNMENT ORANGE AND VEGETABLE FARM
P.R. RAMACHANDRA MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
