Allowed

E.M.Ajas v. the State of Kerala

Kerala HC31 Oct 2016WP(C)/13499/2013

Case brief

AI extract

What is this about?

The Court allowed a writ petition seeking approval of the petitioner's appointment as a Clerk with retrospective effect. Holding that the vacancy need not have been filled by a protected hand absent a furnished list, the appointment was declared valid.

What did the court decide?

Impugned orders set aside; appointment approved with effect from 13.7.2005; monetary benefits to be disbursed within four months.

E.M.Ajas Vs the State of Kerala — Pension and Retirement Benefits | 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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MONDAY, THE 31ST DAY OF OCTOBER 2016/9TH KARTHIKA, 1938

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WP(C).No. 13499 of 2013 (J)

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PETITIONER(S) :

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E.M.AJAS, AGED 39 YEARS, SON OF E.M.MOHAMMED RAWTHER, CLERK, LAJANATHUL MUHAMMADIYA HIGHER SECONDARY SCHOOL, ALAPPUZHA DISTRICT.

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BY ADV. SRI.V.A.MUHAMMED

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RESPONDENT(S) :

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1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2. THE DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA DISTRICT - 688 001.

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3. THE MANAGER LAJANATHUL MUHAMMADIYA HIGHER SECONDARY SCHOOL, ALAPPUZHA DISTRICT - 688 001.

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R1 & R2 BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN R3 BY ADV. SRI.V.RAJASEKHARAN NAIR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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WP(C).No. 13499 of 2013 (J)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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EXT.P1	TRUE COPY OF THE ORDER OF APPOINTMENT OF THE PETITIONER DATED 13-7-2005.
EXT.P2	TRUE COPY OF THE G.O.(P)NO.178/2002/G.EDN. DATED 28-6-2002 OF THE GOVERNMENT.
EXT.P3	TRUE COPY OF THE LETTER NO.39907/N2/2005/G.EDN. DATED 25-7-2005 OF THE GOVERNMENT.
EXT.P4	TRUE COPY OF THE JUDGMENT IN W.P(C).NO. 18986 OF 2009-P DATED 9-7-2010.
EXT.P5	TRUE COPY OF THE JUDGMENT IN W.P(C).NO. 15702 OF 2011-K DATED 4-4-2012.
EXT.P6	TRUE COPY OF THE JUDGMENT IN W.P(C).NO. 23433 OF 2011-D DATED 22-2-2013.
EXT.P7	TRUE COPY OF THE CIRCULAR NO.74101/J2/2004/G.EDN. DATED 24-1-2005 OF THE GOVERNMENT
EXT.P8	TRUE COPY OF THE G.O.(RT)NO.3776/2006/G.EDN. DATED 24-8-2006 OF THE GOVERNMENT
EXT.P9	TRUE COPY OF THE DECISION REPORTED IN 2011(3) K.L.T 790 DATED 4-8-2011.
EXT.P10	TRUE COPY OF THE DECISION REPORTED IN 2013(2) K.L.T 88 DATED 19-2-2013.
EXT.P11	TRUE COPY OF THE LETTER OF THE DISTRICT EDUCATIONAL OFFICER DATED 6-9-2011.
EXT.P12	TRUE COPY OF THE DECISION REPORTED IN 2009(3) K.L.T 863 DATED 29-6-2009.
EXT.P13	TRUE COPY OF THE JUDGMENT IN W.P(C).NO. 183 OF 2010 DATED 21-7-2010.
EXT.P14	TRUE COPY OF THE ORDER IN S.L.P NO.36558/2010 DATED 10-01-2011 OF THE HON'BLE SUPREME COURT OF INDIA.
EXT.P15	TRUE COPY OF THE G.O.(RT)NO.2638/2012/G.EDN. DATED 7-6-2012
EXT.P16	TRUE COPY OF THE DECISION REPORTED IN 1993 (2) K.L.T SHORT NOTES PAGE 27 CASE NO.28 DATED 2-8-1993.

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WP(C).No. 13499 of 2013 (J)

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EXT.P17 TRUE COPY OF THE ORDER OF THE GOVERNMENT DATED 11-02-2013.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.S.TO JUDGE.

Msd.

ANU SIVARAMAN, J.

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----------------------------------------------W.P(C).No.13499 of 2013

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----------------------------------------------Dated this the 31^st October, 2016

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JUDGMENT

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The prayer in this writ petition is for approval of appointment of the petitioner as Clerk with effect from 13.7.2005. The petitioner also challenges Exhibit P17 order of the Government rejecting approval on the ground that the vacancy should have been filled up by appointing protected hand and therefore his appointment is not liable to be approved.

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Heard learned counsel for the petitioner and the learned Government Pleader.

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A counter affidavit has been placed on record on behalf of the 1^st respondent contending that the DDE, Alappuzha has furnished the list of protected hands to the Manager of the school, but he appointed the protected hand only on 1.6.2010. This aspect is denied by the petitioner by filing a reply affidavit. The petitioner relies on Exhibit P9 judgment of a Division Bench of this Court reported in Nadeera v. State of Kerala [2011(3) KLT 790] to contend that the Manager is not under any obligation to appoint a protected hand unless the list is furnished by the Deputy Director of Education. The petitioner further contends that the appointment of the petitioner is in the same school as is covered by Exhibits P9 and P10 judgments and is in respect of the

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WP(C).13499/13

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same year as well. In view of the specific finding contained n Exhibit P9 to the effect that no list has been made available by the DDE for the period in question, I am of the view that the contention contained in the counter affidavit that “a list has been made available” cannot be relied upon to contend that such a list had, as a matter of fact, been forwarded at the time when the appointments were made. The post filled up is LDC. There is no averment in the counter affidavit that there were protected Clerks available for deployment against the vacancy as on 13.7.2005, the date of the petitioner's appointment.

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In the above circumstances, the impugned orders are set aside. It is declared that the petitioners are entitled to approval of appointment as Clerk with effect from 13.7.2005 in terms of the appointment order. Orders in this regard shall be passed by the respondents concerned and the monetary benefits shall also be calculated and disbursed to the petitioner within four months from the date of receipt of a copy of this judgment.

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The writ petition is disposed of as above.

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ANU SIVARAMAN

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JUDGE

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E.M.Ajas v. the State of Kerala

Case brief

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E.M.Ajas v. the State of Kerala

Case brief

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