Petitioner sought registration as Engineer-B, rejected for not retiring from Government service despite resigning from a Government-owned company. Court dismissed petition, citing lack of experience till superannuation and absence of post-resignation avocation.
Writ petition dismissed; no registration granted; no costs awarded.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
TUESDAY, THE 4TH DAY OF OCTOBER 2016/12TH ASWINA, 1938
WP(C).No. 6815 of 2009 (V)
PETITIONER(S):
K.VASUDEVAN NAIR , AGED 73 YEARS S/O.LATE P.KESAVAN PILLAI, PERINGATTU VEEDU, NEENDAKARA, KOLLAM-88.
BY ADV.SRI.R.RANJITH
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARAIT, THIRUVANANTHAPURAM.
2. THE DIRECTOR OF URBAN AFFAIRS, DIRECTORATE OF URBAN AFFAIRS, THIRUVANANTHAPURAM.
3. THE JOINT DIRECTOR, OFFICE OF THE RERGIONAL JOINT DIRECTOR OF URBAN AFFAIRS, KOLLAM.
BY GOVERNMENT PLEADER SMT.VINEETHA HARIRAJ
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
K. Vinod Chandran, J
--------------------------------------W.P(C) No.6815 of 2009-V
Dated this the 04th day of October, 2016
JUDGMENT
The petitioner is concerned with the rejection of an application for registration as Engineer-B under the Kerala Municipality Building Rules, 1999 [for brevity “Rules of 1999”]. The rejection was made at Exhibit P6, on the ground that the petitioner is not a person who has retired from a Government or Quasi-Government institution. The petitioner's contention is that the petitioner has resigned from a Company, i.e., the Indian Rare Earths Ltd., which is wholly owned by the Government of India.
WP(C) No.6815 of 2009 - 2 -
The writ petition would stand dismissed. No costs.
Sd/- K.Vinod Chandran Judge.
vku/-
[ true copy ]
2 issues framed by the court
Whether a person who resigned from Government service instead of retiring is eligible for registration as Engineer-B under Rule 150(1) of the Kerala Municipality Building Rules, 1999.
Whether Article 226 of the Constitution invites extraordinary remedy in a case where the petitioner resigned at age 44 and provides no record of avocation thereafter.
2 provisions across 2 enactments
K.Vasudevan Nair
State of Kerala
K. Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
