Disposed

Leena.L. v. the Secretary to Government of Kerala

Kerala HC19 Mar 2018WP(C)/2810/2018

Case brief

AI extract

What is this about?

In this writ petition concerning the termination of a petitioner's contractual appointment with a State undertaking, the High Court stayed the operation of the relief sought and directed the Chairman to consider a fresh representation within two weeks.

What did the court decide?

The writ petition is disposed of by directing the Chairman to consider a fresh representation within two weeks and pass orders within six weeks.

Leena.L. Vs the Secretary to Government of… — 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 SMT. JUSTICE P.V.ASHA

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MONDAY, THE 19TH DAY OF MARCH 2018 / 28TH PHALGUNA, 1939

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WP(C).No. 2810 of 2018

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PETITIONER(S)

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LEENA L., AGED 32 YEARS, W/O.ABHIJIT A.R., RESIDING AT LEELA BHAVAN, VILLAGE OFFICE JN, ELAVATTOM P.O., KURUPUZHA, THIRUVANANTHAPURAM DISTRICT-695 562.

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BY SRI.K.P.DANDAPANI, SENIOR ADVOCATE

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ADV. SRI.MILLU DANDAPANI

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RESPONDENT(S):

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1. THE SECRETARY TO GOVERNMENT OF KERALA, ELECTRONICS & INFORMATION TECHNOLOGY (A) DEPARTMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM-695 001.

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2. THE MANAGING DIRECTOR, KERALA STATE IT INFRASTRUCTURE LIMITED (KSITIL),

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CHANDRASEKHARAN NAIR STADIUM, PALAYAM, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, KERALA-695 033.

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ADDITIONAL R3 IMPLEADED

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3. THE CHAIRMAN, KERALA STATE IT INFRASTRUCTURE LIMITED(KSITIL), CHANDRASEKHARAN NAIR STADIUM, PALAYAM, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, KERALA- 695 033.

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ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED 19.03.2018 IN I.A.NO. 4657 OF 2018.

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R1 BY GOVERNMENT PLEADER SRI.RON BASTIAN R2 BY ADV. SRI.K.A.ABDUL SALAM, S.C

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd. 21.03.2018

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WP(C).No. 2810 of 2018 (A)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1	TRUE COPY OF G.O. (M.S.) NO.13/2009/ITD DATED 11.6.2009.
EXHIBIT P2	TRUE COPY OF APPOINTMENT LETTER ISSUED TO THE PETITIONER DATED 31.03.2012.
EXHIBIT P3	TRUE COPY OF G.O.(M.S) NO.25/2012/ITD ISSUED BY THE 1ST RESPONDENT DATED 23.11.2012.
EXHIBIT P4	TRUE COPY OF RELEVANT PAGES OF THE RECRUITMENT AND SERVICE RULES.
EXHIBIT P5	TRUE COPY OF THE OFFICE ORDER ISSUED BY THE 2ND RESPONDENT DATED 22.7.2017.
EXHIBIT P6	TRUE COPY OF PERFORMANCE APPRAISAL RECEIVED BY THE PETITIONER FROM THE FORMER MANAGING DIRECTORS IN PREVIOUS YEARS.
EXHIBIT P7	TRUE COPY OF NOTE DATED NIL GRANTING ADDITIONAL INCREMENT TO THE PETITIONER.
EXHIBIT P8	TRUE COPY OF EXTENSION LETTER DATED 29.04.2017 BY 2ND RESPONDENT TO THE PETITIONER.
EXHIBIT P9	TRUE COPY OF EXTRACT OF THE MINUTES OF THE 41ST MEETING OF BOARD OF DIRECTORS HELD ON 30.3.2017.
EXHIBIT P10	TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 22.09.2017 ISSUED BY THE 2ND RESPONDENT FOR ATTENDING INTERVIEW.
EXHIBIT P11	TRUE COPY OF THE EXTENSION LETTER ISSUED BY THE 2ND RESPONDENT DATED 27.10.2017.
EXHIBIT P12	TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT DATED 19.01.2018.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.S.TO JUDGE

Msd.

21.03.2018

P.V.ASHA J.

------------------------------------W.P.(C).No.2810 of 2018

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------------------------------------- Dated this the 19^th day of March, 2018

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JUDGMENT

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The petitioner had been working as Executive (Finance) of 2^nd respondent from 04.04.2012 onwards.

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The term her appointment on contract basis, which was being extended from time to time, expired on 03.01.2018.

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Petitioner submits that her representation

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for extension was forwarded by the Managing Director to the Chairman and the Chairman has not taken any positive action. But no such representation is seen

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produced in this writ petition. At the same time, Government had as per Ext.P12 letter dated 19.01.2018 directing the Managing Director with reference to the

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note addressed to Chairman requesting him to relieve

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W.P.(C).No.2810 of 2018

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the petitioner w.e.f. 03.01.2018 as her term of service has expired.

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The learned counsel for the petitioner submits that petitioner would submit a fresh representation before the Chairman.

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In case, the petitioner submits any

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representation within a period of two weeks, the Chairman shall consider the same and pass orders in accordance with law, after affording an opportunity to

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the petitioner, within a further period of six weeks.

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Accordingly, this writ petition is disposed

of.

Sd/-

P.V.ASHA, JUDGE.

Leena.L. v. the Secretary to Government of Kerala

Case brief

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Leena.L. v. the Secretary to Government of Kerala

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