Disposed

Sreejith.S v. State of Kerala

Kerala HC10 Dec 2018WP(C)/19787/2018

Case brief

AI extract

What is this about?

Petitioner challenged anomalies in Special Rules affecting promotion of Office Assistant lacking amended qualifications. Court directed 2nd respondent to seek appropriate authority decision and forward request to Government for approval within two months.

What did the court decide?

Directing 2nd respondent to seek appropriate authority decision under IHRD and forward request to Government for approval within two months if allowed.

Sreejith.S 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 A.MUHAMED MUSTAQUE

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MONDAY ,THE 10TH DAY OF DECEMBER 2018 / 19TH AGRAHAYANA, 1940

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WP(C).No. 19787 of 2018

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PETITIONER:

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SREEJITH.S, AGED 37 YEARS, S/O SODARAN PILLAI, LAST GRADE SERVANT, COLLEGE OF ENGINEERING, IHRD, ATTINGAL P.O., THIRUVANANTHAPURAM - 695 101, RESIDING AT USHA BHAVAN,KARODU, VADAKKE JUNCTION, VILAPILSHALA P.O.,THIRUVANANTHAPURAM - 695 573

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BY ADVS. SRI.J.G.SYAMNATH SRI.S.ANEESH

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM - 695 001

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2 DIRECTOR INSTITUTE OF HUMAN RESOURCES OF DEVELOPMENT, PRAJOE TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014

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BY ADV. SRI.DEEPU THANKAN

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DEEPU THANKAN SC IHRD

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 19787 of 2018

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..2..

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JUDGMENT

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The petitioner, pointing out the anomalies to

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the Special Rules approved by Government, approached this Court. Petitioner claims promotion of Office Assistant. He does not have qualification as per the amended Special Rules. His case is that the existing employees should not affected by the amendment and they should have been accorded protection. Ext.P6 is the

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representation filed by the petitioner before the Government.

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The 2^nd respondent shall place the request of the petitioner before the appropriate authority under the IHRD for taking adecision, and if the request is allowed, it shall be forwarded to the Government for approval. Appropriate decision shall be taken by the competent authority under

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WP(C).No. 19787 of 2018

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the IHRD on Ext.P6 within a period of two months. The petitioner shall produce a copy of this judgment also a copy of the Writ Petition before the 2^nd respondent for complaince.

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The Writ Petition (Civil) is disposed of

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accordingly.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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PR/10.12.2018

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WP(C).No. 19787 of 2018

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..4..

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE RELEVANT EXTRACT OF THE SPECIAL RULES FOR INSTITUTE OF HUMAN RESOURCES DEVELOPMENT WITH EFFECT FROM 07.02.2011

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EXHIBIT P2 TRUE COPY OF THE RELEVANT EXTRACT OF THE FINAL SENIORITY LIST OF LAST GRADE SERVANTS AS ON 01.05.2018. ISSUED BY THE 2ND RESPONDENT.

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EXHIBIT P3 TRUE COPY OF NOTIFICATION DATED 25.05.2018 ISSUED BY THE 2ND RESPONDENT

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EXHIBIT P4 TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER DATED 25.05.2018

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EXHIBIT P5 TRUE COPY OF THE RELEVANT EXTRACT OF G.O.(MS)NO.692/14/H.EDN DATED 20.08.2014 ISSUED BY THE 1ST RESPONDENT.

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EXHIBIT P6 TRUE COPY OF REPRESENTATION DATED 30.05.2018 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

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EXHIBIT P7 TRUE COPY OF NOTIFICATION DATED 04.05.2018 ISSUED BY THE 2ND RESPONDENT.

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RESPONDENTS EXHIBITS

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EXHIBIT R2(a) A TRUE COPY OF THE ORDER G.O. (MS).NO.159/89/H.EDN DATED 10/08/1989

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WP(C).No. 19787 of 2018

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EXHIBIT R2(b) A TRUE COPY OF THE GOVERNMENT ORDER G.O.(RT)NO.1931/2011/H.EDN DATED 29/11/2011 EXHIBIT R2(c) A TRUE COPY OF THE ORDER G.O. (MS).NO.692/14/H.EDN DATED 20/08/2014 EXHIBIT R2(d) A TRUE COPY OF THE ORDER NO.EA4/16025/2011/HRD(2) DATED 14/01/2015 EXHIBIT R2(e) A TRUE COPY OF THE IHRD SPECIAL RULES

Sreejith.S v. State of Kerala

Case brief

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Sreejith.S v. State of Kerala

Case brief

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