Disposed

P.v.Satheesan v. the Commissioner

Kerala HC19 Feb 2018WP(C)/5435/2018

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of this writ petition regarding the termination of the petitioner's services as a watchman in a Devaswom. The court directed the first respondent to consider the petitioner's representation and pass orders after providing an opportunity of hearing within one month.

What did the court decide?

Direction to the first respondent to consider the petitioner's representation and pass orders after affording an opportunity of hearing within one month.

P.v.Satheesan Vs the Commissioner — Service and Employment | 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 FEBRUARY 2018 / 30TH MAGHA, 1939

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WP(C).No. 5435 of 2018

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PETITIONER(S)

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P.V. SATHEESAN, 51 YEARS, SARATH NIVAS, KALPATHI, PALAKKAD.

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BY ADVS.SRI.K.MOHANAKANNAN, SMT.A.R.PRAVITHA.

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RESPONDENT(S):

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1. THE COMMISSIONER, MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX, ERANHIPALAM, KOZHIKODE, PIN-673 006. 2. THE ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD, CIVIL STATION, PALAKKAD-678 001.

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3. EXECUTIVE OFFICER, THIRUPURAIKKAL BHAGAVATHI DEVASWOM, VADAKKANTHARA, PALAKKAD-678 012.

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R1 & R2 BY ADV. SRI.R.LAKSHMI NARAYAN, SC.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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WP(C).No. 5435 of 2018 (D)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1. TRUE COPY OF THE DECISION OF THE TRUSTEE BOARD DATED 26-01-2016.

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EXT.P2. TRUE COPY OF PROPOSAL SUBMITTED BY THE EXECUTIVE OFFICER BEFORE THE 1ST RESPONDENT ON 29-04-2016, WITH ALL ANNEXURES.

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EXT.P3. TRUE COPY OF THE COMMUNICATION SENT BY THE PETITIONER TO THE EXECUTIVE OFFICER ON 03-08-2017. EXT.P4. TRUE COPY OF THE ORDER OF TERMINATION ISSUED BY THE 3RD RESPONDENT DATED 15-12-2017. EXT.P5. TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 05-12-2017.

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EXT.P6. TRUE COPY OF THE REPRESENTATION DATED 25-12-2017 FILED BY THE PETITIONER.

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EXT.P7. TRUE COPY OF THE REPRESENTATION ON 16-01-2018 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

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RESPONDENT'S EXHIBITS: NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

P.V.ASHA J.

W.P.(C).No.5435 of 2018

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

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J U D G M E N T

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Petitioner, who was working as Watchman in the Thirupuraikkal Bhagavathi Devaswom, has filed this writ petition, aggrieved by the termination of his service as per Ext.P4 order dated 15.12.2017. Aggrieved by this order, the petitioner has submitted Ext.P6 representation before the first respondent. According to the petitioner, he is a regular employee working in the Devaswom from 2010 onwards and his services cannot be terminated abruptly.

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Learned Standing Counsel pointed out that the petitioner is only a temporary employee.

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I heard the learned counsel for the

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petitioner and the learned Standing Counsel for the respondents 1 and 2.

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As the petitioner has already approached the first respondent with Ext.P6 representation, there

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W.P.(C).No.5435 of 2018

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shall be a direction to the first respondent to consider the same and pass orders on it, after affording an opportunity of hearing to the petitioner, within a period of 'one month' from the date of receipt of a copy of the judgment.

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Sd/-

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P.V.ASHA, JUDGE.

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P.v.Satheesan v. the Commissioner

Case brief

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P.v.Satheesan v. the Commissioner

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