Petitioner sought writ to regularize his service as Warden at Centralized Sports Hostel. Court guided him to file a representation before the Secretary of the second respondent within three weeks.
Petitioner directed to file representation before second respondent within three weeks; respondent to consider after hearing within two months.
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 A.MUHAMED MUSTAQUE
TUESDAY, THE 6TH DAY OF JANUARY 2015/16TH POUSHA, 19361
WP(C).No. 146 of 2015 (P)
PETITIONER(S):
P.S.MURALEEDHARAN AGED 47 YEARS S/O.LATE SREEDHARAN, WARDEN, CENTRALIZED SPORTS HOSTEL PANAMPALLY NAGAR, ERNAKULAM RESIDING AT : BLANGAD VEEDU, VAYALAR (PO), CHERTHALA ALAPPUZHA DISTRICT.
BY ADVS.SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SRI.ARUN BOSE RESPONDENT(S):
1. THE KERALA SPORTS COUNCIL STATUE JUNCTION, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY, PIN 695001.
2. THE SECRETARY THE KERALA SPORTS COUNCIL, STATUE JUNCTION THIRUVANANTHAPURAM, PIN 695001.
3. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT DEPARTMENT OF SPORTS AND YOUTH AFFAIRS GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN 695001.
R. BY ADV. SMT.LATHA KRISHNAN, SC, KERALA STATE SPORTS COUNCIL R BY GOVERNMENT PLEADER: SRI V VIJULAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 146 of 2015 (P)
2
APPENDIX
PETITIONER(S)' EXHIBITS :
EXHIBIT-P1:TRUE COPY OF THE MEMO BY THE MANAGER BEARING NO.611/491/2014 DATED 17.10.2014.
EXHIBIT-P2: TRUE COPY OF THE ORDER NO.KSSC/B1/1063/07 DATED 18.01.2007.
EXHIBIT-P3: TRUE COPY OF THE APPOINTED AS WARDEN W.E.F. 18.07.2011.
EXHIBIT-P4: TRUE COPY OF THE ORDER DATED 31.3.2014 BY THE 2ND RESPONDENT.
EXHIBIT-P5: TRUE COPY OF THE PROCEEDING NO.KSSC/B1/3773/14 DT.01.12.2014.
EXHIBIT-P6: TRUE COPY OF THE G.O.(MS) NO.17/14/S.Y.D DT.13.05.2014.
EXHIBIT-P7: TRUE COPY OF THE REPRESENTATION DT.25.08.2014, FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
RESPONDENT(S)' EXHIBITS:NIL
True Copy/
P A to Judge
A.MUHAMED MUSTAQUE, J.
=========================
W.P(C).No.146 of 2015
============================ Dated this the 06th day of January, 2015
JUDGMENT
Petitioner submits that he is presently working as Warden
in the Centralized Sports Hostel at Panampally Nagar under the first respondent. Petitioner further submits that he has commenced his work as Warden from November 2003 and he worked till 18.01.2007. Thereafter he was re-entered in the work from 18.07.2011 and continuing the work without any break, leave or office hours. Petitioner submits that he is entitled for regularization. In fact petitioner has approached Honourable Minister for Sports vide Ext.P7 representation.
I am of the view, petitioner has to approach the second respondent. Therefore petitioner has to file a representation before the second respondent which shall be done within a period of three weeks. Thereafter the second respondent shall consider such representation after affording an opportunity of hearing to the petitioner within a period of two months after receipt of the same.
The Writ Petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/06/01/15
2 issues framed by the court
Whether the petition for regularization should be filed directly in court or approached administratively first.
What procedure must the administratively unapproaching the second respondent follow before approaching the court.
1 provisions across 1 enactments
P.S.MURALEEDHARAN
THE KERALA SPORTS COUNCIL STATUE JUNCTION, THIRUVANANTHAPURAM
SECRETARY THE KERALA SPORTS COUNCIL
STATE OF KERALA
A.MUHAMMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
