Allowed

Gireesh Kammath K v. the Director of Public Instruction and State Chief Commissioner

Kerala HC27 May 2016WP(C)/17128/2016

Case brief

AI extract

What is this about?

Petitioner District Organizing Commissioner challenged the placement of sixth respondent in his position. Court directed first respondent to consider petitioner's representation after affording hearing within one month.

What did the court decide?

Direction to first respondent to consider petitioner's representation and pass orders within one month after hearing.

Gireesh Kammath K Vs the Director of Public… — 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 MR. JUSTICE P.B.SURESH KUMAR

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FRIDAY, THE 27TH DAY OF MAY 2016/6TH JYAISHTA, 1938

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WP(C).No. 17128 of 2016 (M)

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PETITIONER:

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GIREESH KAMMATH K, DISTRICT ORGANISING COMMISSIONER (SCOUT), CHERTHALA, SREEKOVIL, S.L.PURAM P.O, CHERTHALA, ALAPPUZHA DISTRICT, PIN:688524.

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BY ADVS.SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.V.VARGHESE SRI.PETER JOSE CHRISTO SRI.S.A.ANAND SMT.K.N.REMYA SMT.L.ANNAPOORNA

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RESPONDENT(S):

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1.THE DIRECTOR OF PUBLIC INSTRUCTION AND STATE CHIEF COMMISSIONER OF THE KERALA STATE BHARAT SCOUTS AND GUIDES, DIRECTORATE OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM, PIN:695010.

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2.DISTRICT EDUCATIONAL OFFICER AND DISTRICT CHIEF COMMISSIONER OF KERALA STATE BHARAT SCOUTS AND GUIDES,CHERTHALA, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, CHERTHALA, ALAPPUZHA DISTRICT, PIN:688524.

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3.STATE COMMISSION OF SCOUTS, STATE HEADQUARTERS OF BHARAT SCOUTS AND GUIDES, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, PIN:695033.

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4.DISTRICT COMMISSIONER OF SCOUTS, STATE BHARAT SCOUTS AND GUIDES, CHERTHALA, DISTRICT HEADQUARTERS, CHERTHALA, ALAPPUZHA DISTRICT, PIN:688524.

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--2--

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--2--

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WP(C).No. 17128 of 2016 (M)

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5.K.K.VALSA, MATTAPARAMPIL, NEAR CHERUKAD EXPORTS, CHANDIROOR P.O.,

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ALAPPUZHA DISTRICT, PIN:688547.

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6.K.R.JAYALAL, PULLELIL, VARANAM P.O.,

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(VIA) CHERTHALA, PIN:688 555.

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R1 TO R4 BY GOVT. PLEADER SRI.GIKKU JACOB

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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WP(C).No. 17128 of 2016 (M)

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APPENDIX

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PETITIONER(S)' EXHIBITS:

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EXHIBIT P1: TRUE COPY OF THE WARRANT OF APPOINTMENT N.DOC/CTC/59/2016 DATED 8.1.2016 OF THE STATE CHIEF COMMISSIONER-CUM-DIRECTOR OF PUBLIC INSTRUCTION.

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EXHIBIT P2: TRUE COPY OF THE AUTHORIZATION LETTER ISSUED BY THE 2ND RESPONDENT WITH REGARD TO THE DELEGATION OF OFFICERS REPRESENTING CHERTHALA DISTRICT IN THE ABOVE STATE LEVEL MEET. EXHIBIT P3: TRUE COPY OF THE RELEVANT EXTRACT OF RULES FOR THE BHARAT SCOUTS AND GUIDES. EXHIBIT P4: TRUE COPY OF THE REPRESENTATION DATED 25.4.2016 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT.

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EXHIBIT P5: TRUE COPY OF THE POSTAL ENDORSEMENT.

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RESPONDENT(S)' EXHIBITS:

NIL

//TRUE COPY//

P.S. TO JUDGE

mbr/

P.B.SURESH KUMAR, J.

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WP(C).No.17128 of 2016-M.

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Dated this the 27^th day of May, 2016.

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J U D G M E N T

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The limited prayer made by the learned counsel for the petitioner, when this writ petition was taken up for hearing, is for

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a direction to the first respondent to consider Ext.P4 representation filed by the petitioner.

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The case of the petitioner is that he is the District Organizing Commissioner of Scouts of Cherthala Educational District for the period upto 8.1.2019 and he was appointed as such by the first respondent as per Ext.P1. The grievance of the petitioner is that the second respondent who has no authority to tinker with Ext.P1 has placed the sixth respondent in the position of the petitioner. Ext.P4 representation referred to above is one preferred by the petitioner in the circumstances highlighting his grievances before the first respondent. Having regard to the facts and circumstances of the case, I deem it appropriate to

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WP(C).No.17128/2016-M.

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grant the limited prayer sought by the learned counsel for the petitioner.

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In the result, the writ petition is disposed of directing the first respondent to consider Ext.P4 representation preferred by the petitioner and pass appropriate orders thereon, after affording an opportunity for hearing to the petitioner, within one month from today.

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Sd/-

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P.B.SURESH KUMAR, JUDGE.

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Kvs/-

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// true copy //

Gireesh Kammath K v. the Director of Public Instruction and State Chief Commissioner

Case brief

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Gireesh Kammath K v. the Director of Public Instruction and State Chief Commissioner

Case brief

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