Disposed

Sreekala.M.S v. Dr.Hema.C.Nair

Kerala HC13 Mar 2019OP(KAT)/108/2019

Case brief

AI extract

What is this about?

Single Judge bench issued a short order directing the High Court to hear the petitioner along with interested parties regarding the implementation of a specific Kerala Administrative Tribunal order concerning the selection list for promotion of Junior Chemists.

What did the court decide?

Order directed that the petitioner and other interested parties be heard in the implementation of the impugned public law order and that the view of the Kerala Public Service Commission be ascertained

Sreekala.M.S Vs Dr.Hema.C.Nair — Pension and Retirement Benefits | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR.JUSTICE V.CHITAMBARESH &

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THE HONOURABLE MR. JUSTICE A.M.BABU

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WEDNESDAY,THE 13TH DAY OF MARCH 2019 / 22ND PHALGUNA, 1940

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OP(KAT).No. 108 of 2019

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AGAINST THE ORDER DATED 13.02.2019 IN OA 306/2019 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM

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PETITIONER/4TH RESPONDENT IN OA NO.306/2019: SREEKALA.M.S.,JUNIOR CHEMIST(HIGHER GRADE), REGIONAL ANALYTICAL LABORATORY, GROUND WATER DEPARTMENT, RDPC BUILDING, KAKKANAD 682 030.

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BY ADV. SRI.M.A.FAYAZ

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RESPONDENTS/APPLICANT IN OA306/2019/ RESPONDENTS 1 TO 3 IN OA 306/2019:

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1 DR.HEMA C.NAIR,JUNIOR CHEMIST, REGIONAL ANALYTICAL LABORATORY, GROUND WATER DEPARTMENT, MALAPARAMBA, KOZHIKODE 673 009.

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2 STATE OF KERALA,REP. BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, WATER RESOURCES (GROUND WATER) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001.

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3 DIRECTOR,GROUND WATER DEPARTMENT, JALAVIJNANA BHAVAN, AMBALAMUKKU, THIRUVANANTHAPURAM 695 005.

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4 THE CONVENOR,DEPARTMENT PROMOTION COMMITTEE (HIGHER), WATER RESOURCES (GROUND WATER) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001.

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ADDL.5 KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY THE SECRETARY, PATTOM P.O.,THIRUVANANTHAPURAM – 695 001.

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ADDL.R5 IMPLEADED AS PER ORDER DATED 13.03.2019 IN IA NO. 2/2019

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SRI. ANTONY MUKKATH-GP, SRI. P.C.SASIDHARAN-SC,PSC

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THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 13.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(KAT) No. 108/2019

JUDGMENT

Chitambaresh, J.

The petitioner apart from other interested parties shall also be heard in implementation of Ext.P16 order of the tribunal impugned. The view of the of the Kerala Public Service Commission shall also be ascertained in the matter.

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The tribunal has only directed the Government to consider Annexure A16 representation put in by the first respondent before the DPC is convened to prepare the select list of eligible Junior Chemists fit for promotion as Chemists.

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It is made clear that all the contentions of the petitioner as regards the earlier litigation and also the qualifications of the parties shall also be adverted to in the exercise. Needless to say that the petitioner is free to produce all the documents relied on at the time of hearing.

Sd/-

V. CHITAMBARESH

JUDGE

Sd/- A.M. BABU JUDGE

ncd

OP(KAT) No. 108/2019

APPENDIX

EXHIBIT P1	PHOTOCOPY OF THE FIELD BY THE 1ST	OA NO. 306/2019 RESPONDENT.
EXHIBIT P2	PHOTOCOPY OF THE 3A (2) 25622/04/G 29.6.2005 ISSUED RESPONDENT.	COMMUNICATION NO. GR W (1) DATED BY THE 5TH
EXHIBIT P3	PHOTOCOPY OF THE 4.5.2006 ISSUED B	NOTICE DATED Y THE 5TH RESPONDENT.
EXHIBIT P4	PHOTOCOPY OF THE RIC (3) 29660/06/ ISSUED BY THE 5TH	COMMUNICATION NO. GW2 DATED 28.8.2006 RESPONDENT.
EXHIBIT P5	PHOTOCOPY OF THE 4765/2004 DATED 2	JOINING REPORT E (2) 0.9.2006.
EXHIBIT P6	PHOTOCOPY OF THE 297/70/HEALTH DAT	G.O. MS NO. ED 25.11.1978.
EXHIBIT P7	PHOTOCOPY OF THE COCHIN UNIVERSITY	ORDER ISSUED BY THE DATED 22.6.1984.
EXHIBIT P8	PHOTOCOPY OF THE BY THE INSTITUTIO DATED 22.5.2002 A LIST.	CERTIFICATE ISSUED N OF CHEMIST INDIA LONG WITH THE MARK
EXHIBIT P9	PHOTOCOPY OF THE BY THE CSIR REGIO LABORATORY DATED	CERTIFICATE ISSUED NAL RESEARCH 15.5.2006
EXHIBIT P10	PHOTOCOPY OF THE BY THE COCHIN UNI 24.2.2006.	CERTIFICATE ISSUED VERSITY DTD.
EXHIBIT P11	PHOTOCOPY OF THE GOVERNMENT OF IND	ORDER ISSUED BY THE IA DTD. 19.8.1958.
EXHIBIT P12	PHOTOCOPY OF THE (2)4769/2004/DGW	ORDER NO. E DTD. 19.2.2009

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OP(KAT) No. 108/2019

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ISSUED BY THE 3RD RESPONDENT.

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EXHIBIT P13 PHOTOCOPY OF THE ORDER NO. E(2)5226/2008/GW DTD. 13.8.2009 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P14 PHOTOCOPY OF THE ORDER NO. E (2) 8533/14/DGW DTE. 16.3.2015 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P15 PHOTOCOPY OF THE PROVISIONAL SENIORITY LIST OF JUNIOR CHEMISTS PUBLISHED BY THE 3RD RESPONDENT DT. 27.6.2017. EXHIBIT P16 PHOTOCOPY OF THE ORDER IN OA 306/2019 DTD. 13.2.2019. EXHIBIT P17 PHOTOCOPY OF THE OBJECTION FILED BY THE 1ST RESPODNENT BEFORE THE 3RD RESPONDENT DTD. 20.3.2017 EXHIBIT P18 PHOTOCOPY OF THE APPLICATION MADE BY THE PETITIONER UNDER THE RTI ACT DTD. 10.7.2017. EXHIBIT P19 PHOTOCOPY OF THE REPLY RECEIVED FROM THE 3RD RESPONDENTS OFFICE DTD. 14.8.2017.

Sreekala.M.S v. Dr.Hema.C.Nair

Case brief

What is this about?

What did the court decide?

Sreekala.M.S v. Dr.Hema.C.Nair

Case brief

What is this about?

What did the court decide?

What the court decided

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