Dismissed

Somy Babu v. State of Kerala

Kerala HC29 Oct 2013WP(C)/25467/2013

Case brief

AI extract

What is this about?

Petitioner filed a writ petition alleging inaction regarding appointment of unqualified hands in the school. The Court held the petition was not maintainable as a service matter affecting the petitioner and dismissed it as withdrawn with a leave to file a Public Interest Litigation.

What did the court decide?

Writ petition dismissed as withdrawn; petitioner granted liberty to file a Public Interest Litigation.

Somy Babu Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2013)

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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 C.T.RAVIKUMAR

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TUESDAY, THE 29TH DAY OF OCTOBER 2013/7TH KARTHIKA, 1935

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WP(C).No. 25467 of 2013 (G)

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PETITIONER(S):

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SOMY BABU, AGED 49 YEARS W/O BABU MATHEW, HIGH SCHOOL ASSISTANT SEVENT DAY ADVENTIST HIGHER SECONDARY SCHOOL KANNIYAPURAM, OTTAPALAM.

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BY ADV. SRI.M.R.SUDHEENDRAN

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RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCAGTION DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT TRIVANDRUM-695 001.

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2. DIRECTOR OF HIGHER SECONDARY EDUCATION HOUSING BOARD BUILDING, SANTHI NAGAR THIRUVANANTHAPURAM-695 001

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3. THE DISTRICT EUCATIONAL OFFICER OTTAPPALAM-679 101.

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4. THE MANAGER SEVENTHDAY ADVENTIST HIGHER SECONDARY SCHOOL KANNIYAPURAM, OTTAPPALAM-679 101.

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5. THE PRINCIPAL SEVENTHDAY ADVENTIST HIGHER SECONDARY SCHOOL KANNIYAPURAM, OTTAPPALAM-679 101.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-10-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 25467 of 2013 (G)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1: TRUE COPY OF THE REPRESENTATION DATED 9.7.2013 SUBITTED BY THE PETITIONER.

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EXHIBIT P2: TRUE COPY OF THE LETTER DATED 25.9.2013 ISSUED BY THE PRINCIPAL.

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RESPONDENT(S)' EXHIBITS:

NIL

//TRUE COPY//

P.A. TO JUDGE.

dlk

C.T.RAVIKUMAR, J

W.P.(C) No. 25467 of 2013

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Dated this the 29^th day of October, 2013

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JUDGMENT

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The petitioner is working as High School

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Assistant in the Seventh Day Adventist Higher Secondary School, Kanniyampuram in Ottapalam. The grievance of the petitioner is regarding the inaction on Ext.P1 representation by the 3^rd respondent which carries allegations regarding appointment of unqualified hands in the said school. I have carefully gone through the pleadings in this writ petition. There is nothing in this writ petition which would suggest as to in what manner it adversely affected the service conditions of the petitioner. That apart the persons allegedly appointed despite being unqualified by the 4^th respondent, are not parties to this writ petition. In case the petitioner can maintain a Public Interest Litigation certainly she may resort to such a remedy, in accordance with law. At any rate, taking in to account the fact that this writ petition is not one pertaining to a matter touching the service conditions of the

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W.P.(C) No. 25467 of 2013

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petitioner this writ petition cannot be treated as a writ petition relating to service matter. After arguing sometime the learned counsel appearing for the petitioner, sought permission to withdraw this writ petition without prejudice his right to move a Public Interest Litigation on the same subject matter. In the said circumstances this writ petition is dismissed as withdrawn but with the observation that this Court has not made any observation regarding the right of the petitioner to move or maintain such a writ petition and further that the dismissal of this writ petition will not adversely affect the right, if any, in that regard.

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Sd/-

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C.T.RAVIKUMAR,JUDGE.

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dlk

Somy Babu v. State of Kerala

Case brief

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Somy Babu v. State of Kerala

Case brief

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