K.N.Praseed Kumar v. Union of India & Others
Case brief
What is this about?
The Kerala High Court dismissed the petitioner's contention for regularising a period of absence as duty due to lack of evidence regarding a leave application and proceedings under the Madras Medical and Dental Discipline and Preservation Rules. The Court held that since the petitioner failed to produce documents substantiating his claim of applying for leave, the authorities could not regularise
What did the court decide?
The respondent (3rd respondent) shall consider and pass appropriate orders on the petitioner's request for de-categorization after hearing within three months.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
&
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
TUESDAY, THE 26TH DAY OF JULY 2016/4TH SRAVANA, 1938
WP(C).No. 25106 of 2009 (S)
AGAINST THE ORDER/JUDGMENT IN OA 656/2007 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH DATED 15.12.2008 &
R.A.No.1/2009 IN OA 656/2007 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH DATED 19-01-2009
PETITIONER :
K.N.PRASEED KUMAR, AGED 49 YEARS, S/O. P.A.NARAYANAN NAIR, SENIOR TRACKMAN, (SUPERNUMERARY POST), OFFICE OF THE SENIOR SECTION ENGINEER, PERMANENT WAY, SOUTHERN RAILWAY, KOTTAYAM, RESIDING AT “SANTHA BHAVAN”, NIRANAM P.O.,THIRUVALLA, PATHANAMTHITTA DISTRICT.
BY ADVS.SRI.T.C.GOVINDA SWAMY SRI.G.SHYAM RAJ
Issues for consideration
3 issues framed by the court
Whether the petitioner is entitled to regularisation of his period of absence as on duty from 17.5.2004 to 8.11.2006.
Whether the petitioner has made a proper application for leave on medical grounds before the period of absence.
Whether the request made by the petitioner regarding decategorization on medical grounds is claimable by him.
Parties & counsel
- petitioner
K.N.PRASEED KUMAR
- respondent
UNION OF INDIA
- respondent
THE CHIEF PERSONNEL OFFICER, SOUTHERN RAILWAY
- respondent
THE DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY
- respondent
THE DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY
- respondent
Case details
As recorded by the court registry
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