Disposed

Dr.Meera Devi.S v. Govt. of Kerala

Kerala HC13 Dec 2018WP(C)/31599/2018

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought directions regarding her official cabin and duties. The Court disposed of the petition by directing the Additional Secretary to consider the petitioner's representation within one month, leaving other substantive contentions open.

What did the court decide?

Direction to the 3rd respondent to consider the representation made by the petitioner and pass appropriate orders within one month.

Dr.Meera Devi.S Vs Govt. 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 ANIL K.NARENDRAN

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THURSDAY,THE 13TH DAY OF DECEMBER 2018 / 22ND AGRAHAYANA, 1940

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WP(C).No. 31599 of 2018

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PETITIONER:

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DR.MEERA DEVI.S., AGED 51 YEARS, W/O.DR.K.P.RAMACHANDRAN PILLAI, SAI NIKUNJAM, SANATHANAPURAM.P.O., KALARCODE, ALAPPUZHA-688 003. BY ADVS. SRI.M.K.CHANDRA MOHANDAS SRI.K.M.VIJAYAKUMARAN

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RESPONDENTS:

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1 GOVT. OF KERALA REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 DIRECTOR OF HOMEOPATHY DIRECTORATE OF HOMEOPATHY, EAST FORT, THIRUVANANTHAPURAM-695023. 3 ADDITIONAL SECRETARY, AYUSH, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695001. 4 THE KERALA STATE HOMEOPATHIC CO-OPERATIVE PHARMACY LTD., (HOMCO) REPRESENTED BY THE MANAGING DIRECTOR, PATHIRAPALLY P.O., ALAPPUZHA-688521.

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WP(C).No. 31599 of 2018

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5 MANAGING DIRECTOR, THE KERALA STATE HOMEOPATHIC CO-OPERATIVE PHARMACY LTD., (HOMCO) PATHIRAPALLY P.O., ALAPPUZHA-688521.

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6 DR. SURESH CHIEF PHARMACY OFFICER, THE KERALA STATE HOMEOPATHIC CO-OPERATIVE PHARMACY LTD., (HOMCO )PATHIRAPPALLY P.O., ALAPPUZHA 688521

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BY ADVS.SRI.C.A.CHACKO SRI.C.P.PEETHAMBARAN

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R1-R3 SRI. K.P.HARISH, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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JUDGMENT

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The petitioner, who is working as Shift Supervisor in the 4^th respondent Society, which is a Society registered under the Kerala Co-operative Societies Act, 1969 and the Rules made thereunder, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P9 circular; a writ of mandamus commanding the 2^nd respondent Director of Homeopathy to issue appropriate directions to the 5^th respondent Managing Director to cancel Ext.P9 circular forthwith; direct the 5^th respondent Managing Director maintains status quo as regards allocation of the official cabin and official duties of the petitioner till valid orders are issued as per law; direct the 3^rd respondent Additional Secretary to consider and pass appropriate orders on Ext.P16 representation (wrongly stated as Ext.P15 in relief No.iv), within a time frame to be fixed by this Court; and a declaration that the 6^th respondent Chief Pharmacy Officer has no manner of right to annul, alter or modify an office order issued by the 6^th respondent as per the powers vested in him, by virtue of

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WP(C).No. 31599 of 2018

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the bye-laws of the 4^th respondent Society, through a circular.

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On 27.09.2018, when this writ petition came up for admission, the learned Senior Government Pleader took notice on admission for respondents 1 to 3. Urgent notice on admission by special messenger was ordered to respondents 4 to 6.

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A counter affidavit has been filed by respondents 4 and 5, opposing the reliefs sought for in this writ petition. The 6^th respondent has also filed a counter affidavit, opposing the reliefs sought for by the petitioner.

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The petitioner has filed separate reply affidavits to the counter affidavit filed by respondents 4 and 5 and also that filed by the 6^th respondent.

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Today, when this case is taken up for further consideration, the learned counsel for the petitioner would submit that the petitioner is confining the reliefs sought for in this writ petition as one directing the 3^rd respondent to

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consider and pass appropriate orders on Ext.P16 representation made by the petitioner, within a time frame

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WP(C).No. 31599 of 2018

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to be fixed by this Court.

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The learned counsel for respondents 4 and 5 and also the learned counsel for the 6^th respondent would submit that, leaving open all legal and factual contentions, this writ petition may be disposed of by directing the 3^rd respondent to consider and pass appropriate orders on Ext.P16 representation.

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Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of by directing the 3^rd respondent to consider and pass appropriate orders on Ext.P16 representation made by the petitioner, with notice to the petitioner and also to respondents 4 to 6, and after affording them an opportunity of being heard. Necessary orders in this regard shall be passed, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a certified copy of this judgment.

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It is made clear that this Court has not expressed anything as to the merits of the claim made by the petitioner in Ext.P16 and it is for the 3^rd respondent to take

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WP(C).No. 31599 of 2018

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an appropriate decision, strictly in accordance with law.

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The legal and factual contentions raised by both

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sides are left open to be raised before the 3^rd respondent at appropriate stage.

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The petitioner shall produce a copy of this writ petition along with the counter affidavits filed by respondents 4 and 5 and that of the 6^th respondent and also the reply affidavits filed by her before the 3^rd respondent.

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Sd/- ANIL K.NARENDRAN

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JUDGE

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bpr

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	A COPY OF THE ORDER NO. HA 37/07/DATED 04.06.2007
EXHIBIT P2	A COPY OF THE LETTER DATED 2.3.2017
EXHIBIT P3	A COPY OF THE LETTER DATED 10.3.2017
EXHIBIT P4	A COPY OF THE COMPLAINT DATED 19.11.2016
EXHIBIT P5	A COPY OF THE EXTRACT OF THE RELEVANT PAGES OF THE SERVICE BOOK
EXHIBIT P6	A COPY OF THE COMPLAINT DATED 27.11.2017
EXHIBIT P7	A COPY OF THE UNDERTAKING DATED 20.06. 2018 SIGNED BY THE PETITIONER
EXHIBIT P8	A COPY OF THE UNDERTAKING DATED 20.06.2018 SIGNED BY THE 6TH RESPONDENT
EXHIBIT P9	A COPY OF THE CIRCULAR DATED 28.8.2018
EXHIBIT P10	A COPY OF THE RELEVANT PAGE OF THE BYE-LAWS
EXHIBIT P11	COPY OF THE PHOTOGRAPHS OF CHANGE OF NAME BOARD.
EXHIBIT P12	COPY OF THE PHOTOGRAPHS OF CHANGE OF NAME BOARD.
EXHIBIT P13	A COPY OF THE OFFICE ORDER NO. HOMCO/MD/7/2016-17 DATED 03.11.2017
EXHIBIT P14	ONE OF THE OFFICE ORDERS DATED 22.11.2017 BY WHICH THE PETITIONER IS PUT IN CHARGE

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WP(C).No. 31599 of 2018

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EXHIBIT P15 A COPY OF THE LICENSE DATED 12.09.2012 WHICH IS RENEWED W.E.F 16.12.2015 EXHIBIT P16 COPY OF THE COMPLAINT DATED 22.09.2018 TO THE 3RD RESPONDENT EXHIBIT P17 A COPY OF THE RELEVANT PAGE OF THE OFFICIAL DIARY EXHIBIT P18 A COPY OF THE BROCHURE EXHIBIT P19 A COPY OF THE REQUEST SEEKING TIME TO SUBMIT OBJECTION BY THE PETITIONER DATED 28.08.2018

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RESPONDENTS' EXHIBITS:

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EXHIBIT R4(A) TRUE COPY OF OFFICE ORDER NO. HOMCO/MD/7/2012-13 DATED 14.11.2012 ISSUED BY THE 5TH RESPONDENT EXHIBIT R4(B) TRUE COPY OF APPOINTMENT ORDER DATED 04.09.2004 ISSUED BY THE 5TH RESPONDENT EXHIBIT R4(C) TRUE COPY OF GO(RT)NO.637/2012/H&FWD DATED 27.02.2012 EXHIBIT R4(D) TRUE COPY OF APPOINTMENT ORDER DATED 16.07.2012 EXHIBIT R4(E) TRUE COPY OF COMMUNICATION DATED 04.08.2018 OF THE 3RD RESPONDENT EXHIBIT R4(F) TRUE COPY OF ORDER DATED 05.09.2018 ISSUED BY THE 5TH RESPONDENT EXHIBIT R6(A) TRUE COPY OF APPOINTMENT ORDER OF THE PETITIONER DATED 04.09.2004 ISSUED BY THE 5TH RESPONDENT EXHIBIT R6(B) TRUE COPY OF THE ORDER DATED 16.07.2012 ISSUED BY THE 5TH RESPONDENT

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WP(C).No. 31599 of 2018

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EXHIBIT R6(C) TRUE COPY OF THE SAID ORDER DATED 14.11.2012 ISSUED BY THE 5TH RESPONDENT

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EXHIBIT R6(D) TRUE COPY OF THE PROCEEDINGS DATED 10.11.2016 ISSUED BY THE MANAGING DIRECTOR

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EXHIBIT R6(E) TRUE COPY OF ORGANIZATION CHART ALONG WITH THE ADMINISTRATIVE COUNCIL STRUCTURE

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//TRUE COPY//

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P.A. TO JUDGE

Dr.Meera Devi.S v. Govt. of Kerala

Case brief

What is this about?

What did the court decide?

Dr.Meera Devi.S v. Govt. of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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