Allowed

Ajith E.K. v. State of Kerala

Kerala HC11 Jul 2013WP(C)/35563/2005

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition filed by temporary hatchery workers of Matsyafed challenging the rejection of their regularisation. The Court directed the State to pass an order on their regularisation within three months. No precedent was cited.

What did the court decide?

Directing Respondent No.1 to pass an order regarding regularisation of petitioners within three months.

Ajith E.K. 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 B.P.RAY

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THURSDAY, THE 11TH DAY OF JULY 2013/20TH ASHADHA, 1935

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WP(C).No. 35563 of 2005 (H)

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PETITIONER(S):

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1. AJITH E.K., S/O. KARUNAN, AGED 32 YEARS, RESIDING AT RAMA NILAYAM, PATHIRIYAD P.O., VIA. PINMARAY, PIN-670 741.

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2. K.V. SURESHAN, AGED 35 YEARS, S/O. M. KUNHIKANNAN, KANDAMVITTA HOUSE, TRIKARIPRA KADAPURAM P.O., TRIKARIPUR, KASARAGOD-671 310.

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3. BIJU K.K., AGED 34 YEARS, S/O. KESAVAN, FISHERIES QUARTERS, MOPLABAY, KANNUR DISTRICT.

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4. AJITHKUMAR A.V., AGED 34 YEARS,

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S/O. LATE K.VASUDEVAN, SHANTHI BHAVAN, PUNITHURA P.O., ERNAKULAM DISTRICT.

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5. K. ANIMON, KARICHALIL CHIRAYIL HOUSE, KATTIKADAVU P.O., KARUNAGAPPALLY, PIN-690 542.

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6. A.K. LALAMON, S/O. A.E. KRISHNANKUTTY, AGED 27 YEARS, ACHI HOUSE, PLANGADU P.O., CHAVAKKADU, THRISSUR DISTRICT.

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7. MITHILESH M., S/O. RAGHAVAN, AGED 26 YEARS, NAMBOLAN HOUSE, AZEEKODU P.O., KANNUR DISTRICT.

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8. ANILKUMAR K.P., S/O.SREEDHARAN (LATE), AGED 28 YEARS, PANNIYAM HOUSE, EDACHERY P.O., PALLIKUNNU, KANNUR-4.

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9. SHAJI P.P., S/O. P.P. RAMAKRISHNAN, AGED 28 YEARS, PATHIYAPURAYIL HOUSE, THEEYOL P.O., KANNUR.

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BY ADV. SRI.A.X.VARGHESE.

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WP(C).No. 35563 of 2005 (H)

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RESPONDENT(S):

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1. STATE OF KERALA, REP. BY ITS SECRETARY (FISHERIES & PORTS (A), DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM.

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2. THE MANAGING DIRECTOR, MATSYAFED, MATSYA BHAVAN, KURAVANKONAM, THIRUVANANTHAPURAM.

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3. THE HATCHING MANAGER, MATSYAFED PRAWN HATCHERY, MOPLABAY, KANNUR.

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4. THE HATCHERY MANAGER, MATSYAFED PRAWN HATCHERY, VELIANCODE, MALAPPURAM.

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5. THE HATCHERY MANAGER, MATSYAFED FRESH WATER PRAWN HATCHERY, KAIPAMANGALAM, TRICHUR.

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R1 BY GOVT. PLEADER SMT.MAYA. R2 TO R5 BY ADV. SRI.GEORGE POONTHOTTAM, SC, MATSYAFED.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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WP(C).No. 35563 of 2005 (H)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXT.P1	COPY OF THE JUDGMENT PASSED ON 01/02/2005 IN OP. NO. 34639/2002 OF THIS HON'BLE COURT.
EXT.P2	COPY OF THE OFFICE ORDER NO.MFED/E1/2191/01 DATED 17/08/2001 PASSED BY THE 2ND RESPONDENT REGARDING ENGAGEMENT OF PERSONNEL ON DAILY WAGE/CONTRACT/ PIECE RATE BASIS AND TERMINATION.
EXT.P3	COPY OF THE CIRCULAR PASSED BY THE 2ND RESPONDENT.
EXT.P4	COPY OF THE GOVERNMENT ORDER (RT) NO.483/2005 F& PD DATED 07/10/2005.
EXT.P5	COPY OF THE DETAILS OF WORKERS AS ON 03/05/2005 UNDER MATSYAFED PRAWN HATCHERY UNIT, KANNUR ISSUED BY THE HATCHERY MANAGER.
EXT.P6	COPY OF THE OFFICE ORDER NO.MPH/INC/2001-02 DATED 22/12/2001 AND MPH/INC/2001-02 DATED 02/01/2002 IN RESPECT OF THE INCENTIVES GIVEN TO THE HATCHERY STAFFS BY A PROCEEDINGS OF THE HATCHERY MANAGER, MATSYAFED PRAWN HATCHERY, KANNUR.
EXT.P7	COPY OF THE BONUS PAID TO THE PETITIONERS 5 AND 6 FOR 2010-2011.
EXT.P8	COPY OF THE ONAM ADVANCE PAID TO THE PETITIONERS 5 AND 6.
EXT.P9	COPY OF THE OFFICE ORDER DATED 01/02/2007.

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RESPONDENT'S EXHIBITS:-

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EXT.R2A COPY OF THE COMMUNICATION DATED 09/07/2007.

//TRUE COPY//

P.A. TO JUDGE.

rs.

B.P.RAY, J.

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W.P.(C)No.35563 OF 2005

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Dated this the 11^th day of July, 2013

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JUDGMENT

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Heard learned counsel for the parties and perused the materials available on record.

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Petitioners are working at different hatchery units of Kerala under matsyafed. This writ petition has been filed seeking interalia a writ of certiorari for quashing Ext.P4 whereby the request of the hatchery workers for regularisation in service has been rejected by the Government of Kerala.

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Sri.George Poonthottam, learned Standing Counsel appearing for the Matsyafed, submits that the issue regarding the regularisation of petitioners is now pending consideration before the Government and that those who have completed 10 years as temporary workers under the Matsyafed has been recommended for consideration of the Government for regularisation.

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In that view of the matter, I direct respondent No.1 to pass an appropriate order regarding the regularisation of the petitioners in terms of the request of the Matsyafed within a period of three months from the date of receipt of a copy of this judgment.

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Writ petition is disposed of as above.

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B.P.RAY, JUDGE

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jes

Ajith E.K. v. State of Kerala

Case brief

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Ajith E.K. v. State of Kerala

Case brief

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