Dismissed

Ouse.K.v v. the Director, State Council of Education

Kerala HC14 Oct 2016WP(C)/1100/2009

Case brief

AI extract

What is this about?

This court dismissed a writ petition seeking prohibition on the regularisation of ad hoc appointees in place of the petitioner. The court held that nothing survived for consideration as the individuals being regularised were not made parties to the petition and no interim order was in force.

What did the court decide?

The writ petition was dismissed as there was nothing surviving for consideration due to non-impleadment of the appointees.

Ouse.K.v Vs the Director, State Council of Education — Service and Employment | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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FRIDAY, THE 14TH DAY OF OCTOBER 2016/22ND ASWINA, 1938

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WP(C).No. 1100 of 2009 (E)

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PETITIONER(S)/1:

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OUSE K.V., VALIYATHODI HOUSE, CHERUVAYOOR P.O., MALAPPURAM-45.

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BY ADVS.SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU

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RESPONDENT(S):

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1. DIRECTOR, STATE COUNCIL OF EDUCATIONAL RESEARCH AND TRAINING, VIDYABHAVAN, POOJAPPURA, THIRUVANANTHAPURAM.

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2. STATE OF KERALA, REP. BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM.

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R1 BY ADVS. SRI.M.K.CHANDRAMOHANDAS, SC

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SRI.A.ABDUL KHARIM, SC,SCERT SRI.AHZAR.A, SC, SCERT R2 BY GOVERNMENT PLEADER SRI.MATHEW GEORGE VADAKEL

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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msv/

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WP(C).No. 1100 of 2009 (E)

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--------------------------

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1 : TRUE COPY OF THE COMMON JUDGMENT DTD.28.1.2008 IN WPC. NOS.26600, 27317, 27201, 27487/06 AND 6415, 6419, 4308/2007 OF THIS HON'BLE COURT.

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P2 : THE PHOTOSTAT COPY OF THE NEWS ITEM WHICH APPEARED IN THE DESHABHIMANI DAILY DTD.10.10.2006.

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P3 : TRUE PHOTOSTAT COPY OF THE NEWS ITEM PUBLISHED IN CHANDRIKA DAILY DTD.3.12.2008.

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RESPONDENT(S)' EXHIBITS

NIL

//TRUE COPY//

P.S.TO JUDGE

Msv/

ANU SIVARAMAN, J.

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W.P(C).No. 1100 of 2009

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Dated this the 14^th October, 2016

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JUDGMENT

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This writ petition is filed seeking a writ of prohibition to restrain the respondents from regularising the services of persons appointed on an ad hoc basis in the place of the petitioner. There is only one petitioner in this writ petition.

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The contention is that the petitioner, who was working as clerical assistant in the 1^st respondent on casual basis, was terminated from service and such termination was challenged before this Court. By Exhibit P1 judgment, series of writ petitions filed with similar prayers were dismissed stating that the petitioner cannot claim any enforceable right to continue in service. Thereafter, it is stated that several appointments have been made by the 1^st respondent and regularisation was also in the offing. At this juncture, the present writ petition is filed.

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The persons appointed on ad hoc basis and whose services were allegedly being regularised have not been made parties to the writ petition. There was also no interim order issued in this writ petition. An affidavit has been filed on behalf of the 1^st respondent stating that appointments have already been made and several persons, who were working on daily wages, have also been appointed.

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¶36

WP(C).1100/09

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In the above circumstances, nothing survives for consideration in this writ petition. The writ petition is accordingly dismissed.

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ANU SIVARAMAN

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vgs14/10

Ouse.K.v v. the Director, State Council of Education

Case brief

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Ouse.K.v v. the Director, State Council of Education

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