Allowed

Treesa John v. Special Secretary Co. Operative Department

Kerala HC9 Feb 2018WP(C)/3562/2018

Case brief

AI extract

What is this about?

Petitioners, part-time sweepers with over 20 years of service, moving for direction to consider their representation for regularisation via permanent posts. Court directed the Registrar to decide within two months after hearing. No merits decided.

What did the court decide?

Directed 2nd respondent to consider petitioners' representation and pass orders after hearing, within 2 months.

Treesa John Vs Special Secretary Co. Operative Department — Cooperative Societies | 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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FRIDAY, THE 9TH DAY OF FEBRUARY 2018 / 20TH MAGHA, 1939

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WP(C).No. 3562 of 2018

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PETITIONERS:

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1 TREESA JOHN, W/O. JOHN, AGED 64 YEARS, WORKING AS SWEEPER, AGRICULTURAL CO-OPERATIVE STAFF TRAINING INSTITUTE (ACSTI), MONVILA, THIRUVANANTHAPURAM RESIDING AT A.J. QUARTERS, ST.XAVIERS .P.O., THIRUVANANTHAPURAM- 695 586.

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2 JAYAKUMARI S.,

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AGED 46 YEARS, WORKING AS SWEEPER, AGRICULTURAL CO-OPERATIVE STAFF TRAINING INSTITUTE (ACSTI), MONVILA, THIRUVANANTHAPURAM, RESIDING AT ANAND BHAVAN, MADATHVILA, ARASUMOODU, KULATHOOR.P.O., THIRUVANANTHAPURAM- 695 583.

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3 SOBHANA S., AGED 60 YEARS, WORKING AS SWEEPER, AGRICULTURAL CO-OPERATIVE STAFF TRAINING INSTITUTE (ACSTI), MONVILA, THIRUVANANTHAPURAM, RESIDING AT BUNGALAWIL VEEDU, MONVILA, KULATHOOR P.O., THIRUVANANTHAPURAM- 695 583.

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4 SOBHAKUMARI L.,

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AGED 59 YEARS, WORKING AS SWEEPER, AGRICULTURAL CO-OPERATIVE STAFF TRAINING INSTITUTE(ACSTI), MONVILA, THIRUVANANTHAPURAM, RESIDING AT PAROTUKONAM, NALANCHIRA P.O., THIRUVANANTHAPURAM - 695 015.

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5 RADHAMANI N., AGED 47 YEARS, WORKING AS SWEEPER, AGRICULTURAL CO-OPERATIVE STAFF TRAINING INSTITUTE (ACSTI), MONVILA, THIRUVANANTHAPURAM, RESIDING AT SREENILAYAM, VENGODU, THIRUVANANTHAPURAM- 695 313.

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BY ADV.SMT.KEERTHI SOLOMON

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RESPONDENTS:

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1. SPECIAL SECRETARY, CO OPERATIVE DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001.

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2. THE REGISTRAR, TURBO PLUS TOWERS (CO-OPERATIVE SOCIETY), VIKAS BHAVAN, THIRUVANANTHAPURAM.

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WP(C).No. 3562 of 2018 (U)

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3. THE DIRECTOR, AGRICULTURAL CO-OPERATIVE STAFF TRAINING INSTITUTE (ACSTI), MONVILA, THIRUVANANTHAPURAM.

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4. THE MANAGER, KERALA STATE CO-OPERATIVE BANK LTD., CO-BANK TOWERS, PALAYAM, THIRUVANANTHAPURAM- 695 003.

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R1-R3 BY SR. GOVERNMENT PLEADER SMT.C.S.SHEEJA

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R4 BY SRI.GILBERT GEORGE CORREYA, SC, KERALA STATE CO-OPERATIVE BANK LTD.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 3562 of 2018 (U)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT AS NO.808554/016/B2 DATED 4.7.2016 EXHIBIT P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 29.5.2017 EXHIBIT P3 TRUE COPY OF THE CIRCULAR NO.13/11 DATED 7.2.2011 ISSUED BY THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF THE LETTER AS REFERENCE NO. P&E/ACSTI/ESTT/812/3345/2622/2015-16

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RESPONDENT(S)' EXHIBITS

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NIL

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TRUE COPY P.S. TO JUDGE

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ANIL K.NARENDRAN, J.

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W.P.(C)No.3562 of 2018

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Dated this the 9^th day of February, 2018

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J U D G M E N T

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The petitioners, who are stated to be part time contingent sweepers working in the 3^rd respondent Agricultural Co-operative Staff Training Institute, are before this Court in this writ petition, seeking a writ of mandamus commanding respondents 1 and 2 to consider and pass appropriate orders on Exts.P1 and P2 representations dated 4.7.2016 and 29.5.2017 respectively.

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Heard the learned counsel for the petitioners, the learned Senior Government Pleader appearing for respondents 1 and 2 and also the learned counsel for the 4^th respondent Bank.

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The petitioners are Part Time Contingent Sweepers working under the 3^rd respondent Institute. According to the petitioners, though three of them have more than 20 years of service, the respondents have failed to create permanent posts to appoint them. On 25.11.2015, the Administrative Committee of the 3^rd respondent sent Ext.P4 letter to the 2^nd respondent Registrar of Co-operative Societies for creating permanent posts of sweepers in the Institute. Seeking regularisation in service by creating permanent posts of sweepers in the Institute, the petitioners have submitted Ext.P2 representation dated 29.5.2017 before the 2^nd respondent.

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W.P.(C)No.3562 of 2018

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:-2-:

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The learned Senior Government Pleader would submit that Ext.P2 representation made by the petitioners is pending consideration before the 2^nd respondent and that, the said respondent shall take an appropriate decision on that representation, with notice to the petitioners and after affording them an opportunity of being heard.

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In such circumstances, without going into the merits of the claim made by the petitioners in Ext.P2 representation, this writ petition is disposed of by directing the 2^nd respondent to consider the same and pass appropriate orders thereon, with notice to the petitioners and after affording them an opportunity of being heard, as expeditiously as possible, at any rate within a period of 2 months 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 on the merits of the claim made by the petitioner in Ext.P2 representation and it is for the 2^nd respondent to take an appropriate decision, strictly in accordance with law.

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ami/9.2.18

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Sd/- ANIL K.NARENDRAN JUDGE //True copy//

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P.A.to Judge

Treesa John v. Special Secretary Co. Operative Department

Case brief

What is this about?

What did the court decide?

Treesa John v. Special Secretary Co. Operative Department

Case brief

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What did the court decide?

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