Appeal against a judgment dismissing a writ petition seeking appointment as Warden and restoration of seniority. The High Court held that facts were identical to prior cases where the original view was confirmed, dismissing the appeal without modification.
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 THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
TUESDAY, THE 9TH DAY OF FEBRUARY 2016/20TH MAGHA, 1937
WA.No. 183 of 2011 ( ) IN WP(C).32640/2010
AGAINST THE ORDER/JUDGMENT IN WP(C) 32640/2010 of HIGH COURT OF KERALA DATED 12-11-2010
APPELLANT(S)/RESPONDENTS 1 & 3 IN THE WRIT PETITION:
1. STATE OF KERALA REP. BY THE SECRETARY SCHEDULED CASTE/SCHEDULED TRIBE DEVELOPMENT DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM.
2. THE SENIOR ADMINISTRATIVE OFFICER, SCHEDULED TRIBES DEVELOPMENT DEPARTMENT VIKAS BHAVAN, THIRUVANANTHAPURAM.
BY ADV. SR GOVERNMENT PLEADER SRI.P.I.DAVIS
RESPONDENT(S)/PETITIONER & 2ND RESPONDENT IN THE WRIT PETITION:
1. R. PRASEETHA, RAJEEVAM, MULLERI, THIRUVALATHOOR P.O. KODUMBA, PALAKKAD DISTRICT, PIN-678551.
2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE PALAKKAD, PIN-678001.
R2 BY SRI.P.C.SASIDHARAN,SC R1 BY DR.K.P.SATHEESAN
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 09-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA NO.183/2011
APPENDIX
APPELLANTS' EXHIBITS
ANNEXURE 1: TRUE COPY OF THE JUDGMENT DATED 5.12.2007 IN WPC NO.30967/07.
ANNEXURE II: TRUE COPY OF JUDGMENT DATED 23.5.2008 IN WPC NO.12969/08.
ANNEXURE III: TRUE COPY OF JUDGMENT DATED 14.7.2008 IN WPC NO.19272/08.
ANNEXURE IV: TRUE COPY OF JUDGMENT DATED 24.7.2009 IN WPC NO.14019/09.
//True Copy//
PS to Judge
Rp
ASHOK BHUSHAN, C.J. & A.M. SHAFFIQUE, J. ================ W.A. No. 183 of 2011
===============
Dated this, the 9th day of February, 2016
J U D G M E N T
Shaffique, J.
This appeal has been filed against judgment dated 12/11/2010 in WP(C) No. 32640/2010. State of Kerala and its officers are the appellants.
W.A. No.183/2011
-:2:-
Single Judge in the present writ petition observed that the facts being identical, the writ petition is disposed of in terms with the said judgment.
Under the said circumstances, we do not think that any modification is required to be made to the impugned judgment and accordingly this writ appeal is dismissed.
Sd/- ASHOK BHUSHAN, CHIEF JUSTICE
Sd/-
A.M. SHAFFIQUE, JUDGE
Rp9/2/2016
//True Copy//
PS to Judge
2 issues framed by the court
Whether the impugned judgment in WP(C) No. 32640/2010 requires modification in light of the observations in WA No.136/2011 and WA No.1713/2010.
Whether the petitioner is entitled to appointment as Warden in the Scheduled Development Department with restoration of seniority as a Lower Division Clerk.
State of Kerala rep. by the Secretary Scheduled Caste/Scheduled Tribe Development Department
The Senior Administrative Officer, Scheduled Tribes Development Department
R. Praseetha
The District Officer, Kerala Public Service Commission
The District Officer, Kerala Public Service Commission
Ashok Bhushan
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
