Allowed

Sini Joseph v. State of Kerala

Kerala HC10 Apr 2018OP(KAT)/158/2018

Case brief

AI extract

What is this about?

Kerala High Court disposed of an original petition seeking an opportunity of hearing. The court allowed the petition, directing the respondent Government to afford the petitioner a hearing while complying with the Administrative Tribunal's order regarding Clinical Psychologist qualifications.

What did the court decide?

Directed the first respondent to afford the petitioner an opportunity of being heard while complying with the Tribunal's directions.

Sini Joseph Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2018)

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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 K.SURENDRA MOHAN &

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THE HONOURABLE MRS. JUSTICE ANNIE JOHN

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TUESDAY, THE 10TH DAY OF APRIL 2018 / 20TH CHAITHRA, 1940

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OP(KAT).No. 158 of 2018

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AGAINST THE ORDER/JUDGMENT IN OA 1044/2016 of KERALA ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM DATED 08-03-2018

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PETITIONER(S)

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SINI JOSEPH W/O. TOMY M.J, AGED 32 YEARS, 256(5/247), MUPPATHIYIL, 11, KODOMVELUR, PANCHAYATH, HOSDURG, KASARGOD, KERALA PIN : 671 532.

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BY ADV.SRI.A.DINESH RAO

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RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH & FAMILY WELFARE, STATE SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2. THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, KERALA STATE PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM - 695 001.

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R BY GOVERNMENT PLEADER SRI A J VARGHESE R BY SRI.P.C.SASIDHARAN, SC, KPSC

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THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 10-4-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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kkj

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OP(KAT).No. 158 of 2018 (Z)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1	TRUE COPY OF THE COMMON ORDER IN O.A NO: 1044/2016 DATED 08/3/2018 ON THE FILE OF THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL.
EXHIBIT P2	TRUE COPY OF THE OA NO.1044 OF 2016 FILED BY THE PETITIONER ALONG WITH ANNEXURES.
ANNEXURE A1:	TRUE COPY OF THE NOTIFICATION PUBLISHED IN THE OFFICIAL GAZETTE DATED 31.07.2012.
ANNEXURE A2:	TRUE COPY OF THE CERTIFICATE OF THE APPLICANT ISSUED FROM THE UNIVERSITY OF CALICUT DATED 22.07.2008
ANNEXURE A3:	TRUE COPY OF THE CERTIFICATE ISSUED TO THE APPLICANT FROM THE MANIPAL UNIVERSITY
ANNEXURE A4:	TRUE COPY OF THE CERTIFICATE ISSUED TO THE APPLICANT FROM THE UNIVERSITY GRANTS COMMISSION DATED 11.04.2009
ANNEXURE A5:	TRUE COPY OF THE CERTIFICATE ISSUED BY THE REHABILITATION COUNCIL OF INDIA
ANNEXURE A6:	TRUE COPY OF THE CERTIFICATE ISSUED BY THE MEDICAL SUPERINTENDENT, GOVERNMENT DISTRICT HOSPITAL KASARGODE DATED 02.11.2012.
ANNEXURE -A7:	TRUE COPY OF THE APPLICATION SUBMITTED BY THE APPLICANT FOR THE POST NOTIFIED BY ANNEXURE A1.
ANNEXURE A8:	TRUE COPY OF THE NOTIFICATION DATED 13.06.2014 ISSUED BY THE 2ND RESPONDENT
ANNEXURE A9:	TRUE COPY OF THE LIST OF TRAINING INSTITUTIONS RECOGNISED BY THE REHABILITATION COUNCIL OF INDIA
EXHIBIT P3	TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE 2ND RESPONDENT AND DATED 29.03.2017.

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RESPONDENTS' EXHIBITS

NIL

// true copy //

PA to Judge

K.SURENDRA MOHAN & ANNIE JOHN, JJ.

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O.P.(KAT) No.158 of 2018

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Dated this the 10^th day of April, 2018

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J U D G M E N T

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Surendra Mohan, J.

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The limited prayer sought for by the petitioner in this case is that she may also be afforded an opportunity of hearing, while complying with the direction issued by the Kerala Administrative Tribunal, Thiruvananthapuram (KAT for short) in the judgment dated 08.03.2018, finally disposing of a batch of cases including O.A.No.1044 of 2016 from which this Original Petition arises. As per the order of the KAT evidenced herein by exhibit P1, the following direction has been issued.

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There will be a direction to the first respondent viz, Government in O.A.No.2617/2016 to take a final decision in view of the fact that the Government has already taken a decision in principle to re-fix the qualification for the post of Clinical Psychologists and appropriate decision will be taken in accordance with law, after hearing the applicants in O.A.No.2617/2016, the party respondents 5 to 7 (who have been appointed already as Clinical Psychologists, the remaining persons included in the

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-:2:-

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O.P.(KAT) No.158 of 2018

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ranked list - Annexure-R7(b) as well as the fourth respondent - Rehabilitation Council of India within a period of three months from the date of receipt of a certified copy of this order. No further appointment will be made in the meanwhile based on the ranked list published already. The P.S.C. will furnish the addresses of the remaining candidates to the first respondent within a period of three weeks for enabling the Government to issue notice so as to hear them.

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Since the KAT has directed the Government to

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take an appropriate decision after hearing all parties, we do not find any reason to disallow the request of the petitioner herein. Therefore, this Original Petition is disposed of directing the first respondent to afford an opportunity of being heard to the petitioner herein also, while taking a decision in compliance with the direction of the KAT,

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extracted above.

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K.SURENDRA MOHAN JUDGE

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ANNIE JOHN JUDGE

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kkj

Sini Joseph v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sini Joseph v. State of Kerala

Case brief

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What did the court decide?

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