Dismissed

Sabitha R.R. v. Kerala State Literacy Mission Authority

Kerala HC30 Jan 2018WA/1113/2017

Case brief

AI extract

What is this about?

The bench dismissed the writ appeal against an order refusing interim stay on termination, noting appellants were not in service. The court closed the appeal, directing appellants to seek merits determination from the single judge.

What did the court decide?

The writ appeal was closed, reserving liberty to move the learned single Judge to have the writ petition heard and decided.

Sabitha R.R. Vs Kerala State Literacy Mission… — Pension and Retirement Benefits | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN & THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI TUESDAY, THE 30TH DAY OF JANUARY 2018 / 10TH MAGHA, 1939 WA.No. 1113 of 2017 IN WPC. 7491/2017

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AGAINST THE ORDER IN WP(C) 7491/2017 of HIGH COURT OF KERALA DATED 12.4.2017

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APPELLANTS/PETITIONERS

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1.	SABITHA R.R., OFFICE ASSISTANT CUM COMPUTER OPERATOR, KERALA STATE LITERACY MISSION AUTHORITY, TC/27/1461, CONVENT ROAD,KAMMATTOM LANE, VANCHIYOOR-35, THIRUVANANTHAPURAM.
2.	SEENA V., OFFICE ASSISTANT CUM COMPUTER OPERATOR, KERALA STATE LITERACY MISSION AUTHORITY, TC/27/1461, CONVENT ROAD,KAMMATTOM LANE, VANCHIYOOR-35, THIRUVANANTHAPURAM.
3.	RIYAS R., OFFICE ASSISTANT CUM COMPUTER OPERATOR, KERALA STATE LITERACY MISSION AUTHORITY, TC/27/1461, CONVENT ROAD,KAMMATTOM LANE, VANCHIYOOR-35, THIRUVANANTHAPURAM.
4.	SREEKALAKUMARY V., OFFICE ASSISTANT CUM COMPUTER OPERATOR, KERALA STATE LITERACY MISSION AUTHORITY, TC/27/1461, CONVENT ROAD,KAMMATTOM LANE, VANCHIYOOR-35, THIRUVANANTHAPURAM.
5.	LEKSHMI L., OFFICE ASSISTANT CUM COMPUTER OPERATOR, KERALA STATE LITERACY MISSION AUTHORITY, TC/27/1461, CONVENT ROAD,KAMMATTOM LANE, VANCHIYOOR-35, THIRUVANANTHAPURAM.
6.	MUMTHAS BEEGOM R., OFFICE ASSISTANT CUM COMPUTER OPERATOR, KERALA STATE LITERACY MISSION AUTHORITY, TC/27/1461, CONVENT ROAD,KAMMATTOM LANE, VANCHIYOOR-35, THIRUVANANTHAPURAM.
7.	SHEEJA A.J., OFFICE ASSISTANT CUM COMPUTER OPERATOR, KERALA STATE LITERACY MISSION AUTHORITY, TC/27/1461, CONVENT ROAD,KAMMATTOM LANE,
	VANCHIYOOR-35, THIRUVANANTHAPURAM.

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WA.No. 1113 of 2017

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8. REGIMOL K.R., OFFICE ASSISTANT CUM COMPUTER OPERATOR, KERALA STATE LITERACY MISSION AUTHORITY, TC/27/1461, CONVENT ROAD,KAMMATTOM LANE, VANCHIYOOR-35, THIRUVANANTHAPURAM. 9. SHERLY MATHEW, OFFICE ASSISTANT CUM COMPUTER OPERATOR, KERALA STATE LITERACY MISSION AUTHORITY, TC/27/1461, CONVENT ROAD,KAMMATTOM LANE, VANCHIYOOR-35, THIRUVANANTHAPURAM. 10. U. RASHEED, OFFICE ASSISTANT CUM COMPUTER OPERATOR, KERALA STATE LITERACY MISSION AUTHORITY, TC/27/1461, CONVENT ROAD,KAMMATTOM LANE, VANCHIYOOR-35, THIRUVANANTHAPURAM. BY ADVS.SRI.V.VARGHESE SRI.JELSON J.EDAMPADAM

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RESPONDENTS/RESPONDENTS:

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1. KERALA STATE LITERACY MISSION AUTHORITY (KSLMA) REPRESENTED BY DIRECTOR, TC/27/1461, CONVENT ROAD, KAMMATTOM LANE,VANCHIYOOR-695 035, THIRUVANANTHAPURAM. 2. THE DIRECTOR, KERALA STATE LITERACY MISSION AUTHORITY TC/27/1461, CONVENT ROAD,KAMMATTOM LANE, VANCHIYOOR-695 035, THIRUVANANTHAPURAM. 3. GOVERNMENT OF KERALA, REPRESENTED BY SECRETARY,GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEX II, THIRUVANANTHAPURAM - 685 001. 4. DISTRICT LABOUR OFFICER, CIVIL STATION, KUDAPPANAKUNNU, THIRUVANANTHAPURAM-695 043.

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R3 & R4 BY SR. GOVERNMENT PLEADER SMT.K.R.DEEPA

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R1 & R2 BY SRI.DINESH MATHEW J.MURIKKAN, SC, KERALA STATE LITERACY MISSION

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30-01-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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vpv

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P.N.RAVINDRAN & R.NARAYANA PISHARADI, JJ.

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=-=-==-=-==-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

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W.A.No.1113 of 2017

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=-=-==-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 30^th day of January, 2018

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JUDGMENT

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P.N.Ravindran, J.

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The appellants are the petitioners in W.P.(C)No.7491 of 2017. They had in the writ petition prayed for regularisation in service. They had also prayed for an order directing the respondents to continue them in service pending the writ petition. The learned single Judge declined declined to grant an interim order staying the termination of the services of the petitioners but directed that they shall not be replaced by temporary hands. The learned single Judge further directed that if the Kerala State Literacy Mission Authority proposes to engage temporary employees to discharge the functions carried out by the writ petitioners, they shall be given first priority. There was also an observation to the effect that if it becomes necessary for the Kerala State Literacy Mission to engage temporary hands for any purpose other than one discharged by the writ petitioners, it shall be done only after obtaining the leave of this court. The writ petitioners have, aggrieved thereby, filed this appeal.

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We heard Sri.V.Varghese, learned counsel appearing for the appellants and Sri.Dinesh Mathew J. Murikkan, learned standing counsel appearing for the Kerala State Literacy Mission Authority. It is

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W.A.No.1113 of 2017

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-:2:-

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not in dispute that following the impugned order, the services of the appellants were terminated. They are presently not in service. This court cannot, in such circumstances, issue an interim order directing the respondents to reinstate the appellants in service. The appellants should, in our opinion, move the learned single Judge to have the writ petition heard and decided on the merits. The learned single Judge has in the impugned order safeguarded the rights of the writ petitioners to be engaged in future if it becomes necessary for the Kerala State Literacy Mission Authority to engage temporary hands to discharge the same duties which they were discharging earlier. The learned single Judge has also observed that priority should be given to the writ petitioners if the Kerala State Literacy Mission Authority proposes to engage temporary employees to discharge the functions which they were discharging.

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In such circumstances, we find no reason or justification to keep this writ appeal pending. It is accordingly closed, reserving liberty with the appellants to move the learned single Judge to have the writ petition heard and decided at the earliest.

Sd/-

P.N.RAVINDRAN

JUDGE

Sd/-

R.NARAYANA PISHARADI JUDGE

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/true copy/

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P.A. To Judge

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vpv

Sabitha R.R. v. Kerala State Literacy Mission Authority

Case brief

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Sabitha R.R. v. Kerala State Literacy Mission Authority

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