Allowed

C.P.Shibu v. State of Kerala

Kerala HC9 Apr 2018OP(KAT)/99/2018

Case brief

AI extract

What is this about?

The High Court, Ernakulam allowed the original petition setting aside the KAT order that dismissed an application for compassionate employment. It held the application dated 2010 was valid and should be considered based on the income certificate provided on that date, not a later one.

What did the court decide?

The order dismissing the O.A. is set aside. The first respondent is directed to consider the compassionate employment application dated 19.03.2010 as on that date and pass appropriate orders within tw

C.P.Shibu 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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MONDAY, THE 9TH DAY OF APRIL 2018 / 19TH CHAITHRA, 1940

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OP(KAT).No. 99 of 2018

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---------------------

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AGAINST THE ORDER IN OA(EKM) NO. 767/2014 of KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM DATED 17-07-2017

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PETITIONER/ APPLICANT IN THE O.A.:-

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C.P.SHIBU, S/O.ACHUTHA MARAR, AGED 38 YEARS, RESIDING AT CHITTARIPOYIL HOUSE, KARUMALA P.O., BALUSSERY, KOZHIKODE DISTRICT - 673 612.

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BY ADVS.SRI.N.SASIDHARAN UNNITHAN SRI.A.E.ALIYAR

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RESPONDENTS/ RESPONDENTS IN THE O.A.:-

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

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2. THE DIRECTOR, INDIAN SYSTEM OF MEDICINE, M.G.ROAD, THIRUVANANTHAPURAM DISTRICT - 695 001.

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3. THE DISTRICT MEDICAL OFFICER, INDIAN SYSTEM OF MEDICINE, CIVIL STATION, KOZHIKODE - 673 020.

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BY SENIOR GOVERNMENT PLEADER SRI.A.J. VARGHESE

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THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 0904-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING :

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RKM

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-2-

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OP(KAT).No. 99 of 2018 (Z)

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APPENDIX

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PETITIONER'S EXHIBITS :

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EXHIBIT P1. CERTIFIED COPY OF THE ORDER DATED 17.07.2017 IN O.A(EKM) NO.767/2014 OF THE KAT. EXHIBIT P2. COPY OF THE ORIGINAL APPLICATION IN THE O.A(EKM) NO.767/2014 WITH ITS ANNEXURES. EXHIBIT P3. COPY OF THE REPLY STATEMENT FILED BY THE 1ST RESPONDENT. EXHIBIT P4. COPY OF INCOME CERTIFICATE DATED 23.02.2010 ISSUED FROM THE VILLAGE OFFICER. EXHIBIT P5. COPY OF APPLICATION DATED 19.03.2010 SUBMITTED BY THE PETITIONER. EXHIBIT P6. COPY OF LETTER NO.E3/1927/12 DATED 29.09.2012 OF THE DMO. EXHIBIT P7. COPY OF THE LETTER NO.L1/9089/12 DATED 18.12.2012 OF THE TAHSILDAR, KOILANDY. EXHIBIT P8. COPY OF THE CHECK LIST IN APPENDIX B, C AND D PREPARED BY THE DMO. EXHIBIT P9. COPY OF INCOME CERTIFICATE DATED 21.01.2013 ISSUED FROM THE VILLAGE OFFICER. EXHIBIT P10. COPY OF LETTER NO.E1/9378/2013 DATED 02.12.2013 OF THE 2ND RESPONDENT.

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PETITIONER'S ANNEXURES :

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A1 : COPY OF DEATH CERTIFICATE OF SMT. RADHA DATED 23.09.2009 A2 : COPY OF THE SERVICE CERTIFICATE OF SMT. RADHA C.P. DATED 03.01.2012. A3 : COPY OF LEGAL HEIRSHIP CERTIFICATE (K.DIS.10948/2009/L2) DATED 20.01.2010 OF THE TAHSILDAR, QUILANDY. A3(a) : COPY OF ENGLISH TRANSLATION OF ANEXURE-A3. A4 : COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER (NO.1927/2014) DATED 30.09.2014. A4(a) : COPY OF ENGLISH TRANSLATION OF ANNEXURE-A4.

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..3..

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OP(KAT).No. 99 of 2018 (Z)

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A5 : COPY OF THE APPLICATION SUBMITTED BY THE APPLICANT DATED 19.03.2010. A6 : COPY OF THE CONSENT LETTER. A6(a) : COPY OF ENGLISH TRANSLATION OF ANNEXURE-A6. A7 : COPY OF LETTER NO.S4/52140/12 OF THE DISTRICT COLLECTOR DATED 26.03.2013. A7(a) : COPY OF ENGLISH TRANSLATION OF ANNEXURE-A7. A8 : COPY OF ORDER NO53950/D1/2013/H&FWD DATED 07.08.2014 OF THE GOVERNMENT. A8(a) : COPY OF ENGLISH TRANSLATION OF ANNEXURE-A8. A9 : COPY OF ORDER NO.E3/1927/12 OF THE 3RD RESPONDENT DATED 24.09.2014. A9(a) : COPY OF ENGLISH TRANSLATION OF ANNEXURE-A9.

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RESPONDENTS' EXHIBITS & ANNEXURES : NIL

TRUE COPY

PA TO JUDGE

RKM

K. SURENDRA MOHAN & ANNIE JOHN, JJ.

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O.P.(KAT).No. 99 of 2018

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Dated this the 9^th day of April, 2018

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JUDGMENT

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Surendra Mohan, J.

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The applicant in O.A (EKM)-767/2014 of the Kerala Administrative Tribunal (for short, 'the KAT'), Trivandrum is before us challenging Ext.P1 order, dismissing the O.A.

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The petitioner is the sister of one Smt.Radha, who died while working as a Government servant. He preferred an application under the Dying in Harness Scheme on 19.03.2010. The application was duly recommended by the District Collector as per Annexure-A7 dated 26.03.2013. However, the application was rejected by AnnexureA8 order dated 07.08.2014. The reason for rejection as per AnnexureA8 is that no income certificate had been produced by the applicant along with his application. The date of the income certificate submitted by him was 21.01.2013 and therefore, his application could be considered as valid only from the said date. As on the said date, he was a married person having got married on 19.02.2012. Therefore, he was not eligible, it was found.

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According to the petitioner, along with his application, he had submitted an income certificate dated 23.02.2010. Later on, he

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O.P.(KAT).No. 99 of 2018

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had submitted another certificate showing his income on 21.01.2013 for the reason that the then Tahsildar had demanded a fresh income certificate. According to him, his application ought to be considered as on 19.03.2010. On the said date, he was not married and therefore, Anexure-A8 was wrong. The KAT has omitted to consider the above, while dismissing the O.A.

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When this case came up for admission on 08.03.2018, the learned Government Pleader was directed to obtain instructions and to make available the file relating to the application of the petitioner. Accordingly, instructions have been obtained. A perusal of the file shows that the application of the petitioner is dated 19.03.2010 and that the same was accompanied by an income certificate dated 23.02.2010. Therefore, the authorities went wrong in placing reliance on the subsequent income certificate produced, dated 21.01.2013 and rejecting the application of the petitioner on the ground that by that time, he had got married. Since the application of the petitioner was submitted on 19.03.2010 and was supported by an income certificate, his application ought to have been considered as on the date of the said application.

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The above being the factual scenario, the order of the Kerala Administrative Tribunal cannot be sustained. The same is therefore set aside. This original petition is accordingly allowed.

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O.P.(KAT).No. 99 of 2018

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The first respondent is directed to consider the application for compassionate employment submitted by the petitioner dated 19.03.2010, evidenced herein by Ext.P2, as on the date of the said application. Appropriate orders shall be passed thereon, after such consideration, in accordance with law, as expeditiously as possible, and at any rate, within two months from the date of receipt of a copy of this judgment.

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Sd/-

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K. SURENDRA MOHAN

JUDGE

Sd/-

ANNIE JOHN JUDGE

True copy

PA to Judge

RKM

C.P.Shibu v. State of Kerala

Case brief

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C.P.Shibu v. State of Kerala

Case brief

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