Dismissed

Ratna.M v. State of Kerala

Kerala HC10 Dec 2019OP(KAT)/319/2019

Case brief

AI extract

What is this about?

This is an Original Petition (KAT) challenging an order of the Kerala Administrative Tribunal that dismissed a petition filed by a Government ITI instructor concerning her transfer and designation. The High Court perchorming a writ review was not inclined to interfere and dismissed the writ petition. It clarified that the dismissal does not bar the Government from considering a representation dire

What did the court decide?

Writ petition dismissed; clarification that dismissal does not bar Government from considering representation.

Ratna.M Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2019)

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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 K.VINOD CHANDRAN

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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TUESDAY, THE 10TH DAY OF DECEMBER 2019 / 19TH AGRAHAYANA, 1941

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OP(KAT).No.319 OF 2019

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AGAINST THE ORDER/JUDGMENT IN OA 1188/2019 DATED 17-07-2019 OF KERALA ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM

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PETITIONERS:

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RATNA.M AGED 48 YEARS

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W/O. PRADEEPAN K., SENIOR INSTRUCTOR (HG), FRONT OFFICE ASSISTANT, (UNDER ORDERS OF TRANSFER), GOVERNMENT ITI FOR WOMEN, MALIKADAVU, KOZHIKODE-673 010. NOW WORKING AS SENIOR INSTRUCTOR (HG), STENOGRAPHY AND SECRETARIAL ASSISTANT (HINDI), GOVERNMENT ITI FOR WOMEN, KAZHAKKOOTTAM, THIRUVANANTHAPURAM-695 581 RESIDING AT SWARALAYAM HOUSE, MALAPARAMBA (PO), KOZHIKODE-673 009.

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BY ADVS. SRI.R.SUDHISH SMT.M.MANJU

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, LABOUR AND SKILLS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM695 001.

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2 THE DIRECTOR OF TRAINING DIRECTORATE OF INDUSTRIAL TRAINING, INDUSTRIAL TRAINING DEPARTMENT, 4TH AND 5TH FLOOR, LABOUR BHAVAN, VIKAS BHAVAN (PO), THIRUVANANTHAPURAM-695 033.

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3 THE JOINT DIRECTOR OF TRAINING DIRECTORATE OF INDUSTRIAL TRAINING, INDUSTRIAL TRAINING DEPARTMENT, 4TH AND 5TH FLOOR, LABOUR BHAVAN, VIKAS BHAVAN (PO), THIRUVANANTHAPURAM-695 033.

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4 THE PRINCIPAL

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O.P (KAT) 319/2019

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GOVERNMENT ITI FOR WOMEN, MALIKADAVU, KOZHIKODE673 010.

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5 GIRISH K. JUNIOR INSTRUCTOR, FRONT OFFICE ASSISTANT, GOVERNMENT ITI FOR WOMEN, KAZHAKKOOTTAM, THIRUVANANTHAPURAM-695 581. NOW WORKING AT GOVERNMENT ITI FOR WOMEN, MALIKKADAVU, KOZHIKODE-673 010.

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R1-4 BY GOVERNMENT PLEADER

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OTHER PRESENT:

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SR.GP SRI.P.N.SANTHOSH

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THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 10.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O.P (KAT) 319/2019

JUDGMENT

Dated this the 10^th day of December, 2019

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K.Vinod Chandran, J

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We are not inclined to interfere with the order of the Tribunal. We dismiss the Original Petition (KAT) but, however, making it clear that the dismissal of the Original Petition need not stop the Government from considering a representation which was directed by the Tribunal. No order as to costs.

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Sd/-

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K. Vinod Chandran,

Judge

jma

Sd/Judge

V.G. Arun,

O.P (KAT) 319/2019

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE OA(EKM) NO.1188/19 WITH ANNEXURES A1 TO A6
EXHIBIT P1(A1)	TRUE COPY OF THE RELEVANT PORTION OF THE PROCEEDINGS NO.DT/3571/2019-A2 DATED 6.7.2019 OF THE 3RD RESPONDENT.
EXHIBIT P1(A2)	TRUE COPY OF THE RELEVANT PORTION OF G.O(MS) NO.91/2004/LBR DATED 17.10.2005.
EXHIBIT P1(A3)	TRUE COPY OF THE REPRESENTATION DATED 21.2.2019 SENT BY THE PETITIONER TO THE 2ND RESPONDENT.
EXHIBIT P1(A4)	TRUE COPY OF THE NO.DT/40895/2018-A2 DATED 9.7.19 OF THE 2ND RESPONDENT.
EXHIBIT P1(A5)	TRUE COPY OF THE RELEVANT PORTION OF GO(MS0 NO.1116/2017/LABOUR DATED 19.8.17.
EXHIBIT P1(A6)	TRUE COPY OF THE REPRESENTATION DATED 11.7.19 SENT BY THE PETITIONER TO THE IST RESPONDENT ALONG
EXHIBIT P2	COPY OF THE ORDER DATED 17.7.19 OF THE KERALA ADMINISTRATIVE TRIBUNAL IN OA(EKM) NO.1188/19.

Ratna.M v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ratna.M v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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