Dismissed

Shoukath Hussaine v. Kerala Healod Workers Welfare Board Rep.

Kerala HC20 Dec 2016WP(C)/27474/2006

Case brief

AI extract

What is this about?

The Court dismissed two writ petitions filed by a petitioner regarding disciplinary action and promotion claims. The Court found the promotion petition infructuous due to removal from service and the disciplinary petition obsolete due to efflux of time and the order working itself out.

What did the court decide?

Both writ petitions dismissed as having become infructuous and incapable of granting orders.

Shoukath Hussaine Vs Kerala Healod Workers… — Pension and Retirement Benefits | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶4

TUESDAY, THE 20TH DAY OF DECEMBER 2016/29TH AGRAHAYANA, 1938

¶5

WP(C).No. 27474 of 2006 (U)

¶6

PETITIONER:

¶7

SHOUKATH HUSSAINE, HEAD CLERK, KERALA HEADLOAD WORKERS WELFARE BOARD, KASARAGOD COMMITTEE.

¶8

BY ADV. SRI.D.SOMASUNDARAM

¶9

RESPONDENT(S):

¶10

1. KERALA HEADLOAD WORKERS WELFARE BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE, ERNAKULAM.

¶11

2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT LABOUR AND REHABILITATION (H) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

¶12

R1 BY SRI.BABU KARUKAPPADATH, SC R2 BY GOVERNMENT PLEADER SRI.SYAMJIRAM

¶13

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-12-2016 ALONG WITH WPC.27785/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

mbr/

¶15

DEVAN RAMACHANDRAN, J.

¶16

========================== W.P.(C) Nos.27474 of 2006 & 27785 of 2007

¶17

===========================

¶18

Dated this the 20^th day of December, 2016

¶19

JUDGMENT

¶20

These writ petitions have been filed by the same petitioner. W.P.(C) No.27785 of 2007 has been filed seeking promotion to the post of Junior Superintendent in Kerala Headload Workers Welfare Board. It has, however, been brought to my notice by the respondents that the petitioner has, now in fact, been removed from service and that therefore, nothing survives in this writ petition.

¶21

As regards W.P.(C) No.27474 of 2006 is concerned, the petitioner has impugned the order of disciplinary action against him, which imposed the punishment of withholding of two increments and recovery of an amount of 2,000/- from his salary₹ per month.

¶22

Yesterday (19.12.2016), when this matter was listed, it was submitted by the learned counsel for the petitioner that the petitioner is now practicing as an advocate and that the learned counsel would like to seek instructions from the petitioner regarding the present situation of these writ petitions.

¶23

W.P.(C) Nos.27474 of 2006 & con.case.

¶24

¶25

Accordingly, these cases are called today and the learned counsel for the petitioner submits that he has still not received instructions from the petitioner. This is perhaps because nothing survives in W.P.(C) No.27785 of 2007 and as regards W.P.(C) No.27474 of 2006 is concerned, the punishment would perhaps have already worked out on account of the fact that orders were passed against him for recovery of amounts.

¶26

I, therefore, do not deem it necessary to pass any further orders in these writ petitions finding that W.P.(C) No.27785 of 2007 has become infructuous and that W.P.(C) No.27474 of 2006 has now become incapable of grant of any orders on account of efflux of time and on account of the impugned order having worked itself out. If the petitioner requires any further orders in this case, I reserve liberty to him in W.P.(C) No.27474 of 2006 to seek a rehearing.

¶27

In the above circumstances, I dismiss both these writ petitions as having become infructuous.

¶28

Sd/- DEVAN RAMACHANDRAN JUDGE

¶29

stu

¶30

//True copy// P.A to Judge.

Shoukath Hussaine v. Kerala Healod Workers Welfare Board Rep.

Case brief

What is this about?

What did the court decide?

Shoukath Hussaine v. Kerala Healod Workers Welfare Board Rep.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

K.v.Sivakumar Vs State of Kerala

T.L. Joy Vs District Collector

Joseph Leon Vs Divisional Forest Officer Aqnd Another

Dr.K.M.Thankachan Vs State of Kerala

V.J.Wilson Vs the Special Tahsildar (La)

Joshy.K.C. Vs State of Kerala