Withdrawn pension and retirement benefit petitions where the petitioner retired and ceased prosecution, and the related writ petition was closed as infructuous, leading to dismissal.
O.P(KAT) 3206/2013 and 3459/2013 dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 02ND DAY OF DECEMBER 2019 / 11TH AGRAHAYANA, 1941 OP(KAT).No.3206 OF 2013
AGAINST THE ORDER/JUDGMENT IN TA 1540/2912 DATED 04-10-2012 OF KERALA ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM
PETITIONER:
R.KRISHNAKUMAR, SENIOR SUPERINTENDENT, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KANIYAPURAM, THIRUVANANTHPAURAM-695 301.
BY ADVS. SRI.B.RAGHUNATHAN SRI.G.GOPALAKRISHNA PILLAI SRI.G.S.MOHANDAS SRI.M.SALIM SRI.R.SRINATH SRI.VIPIN VARGHESE
RESPONDENTS:
1 SHRI K N SAMODAS,U.D.CLERK, (HIGHER GRADE), TEXT BOOKS OFFICE, DIRECTORATE OF PUBLIC INSTRUCTION, FORT, THIRUVANANTHAPURAM-695 014 (NOW SENIOR SUPERINTENDENT, TEXT BOOKS OFFICE, FORT, THIRUVANANTHAPURAM-695 023).
3 THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM-695 014.
R1 BY ADV. SRI.P.C.SASIDHARAN
OTHER PRESENT:
SR.GP SRI.ANTONY MUKKATH
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 02-12-2019, ALONG WITH OP(KAT).3459/2013(Z), THE COURT ON 02-12-2019 DELIVERED THE FOLLOWING:
O.P(KAT) 3206/2013
::2::
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 02ND DAY OF DECEMBER 2019 / 11TH AGRAHAYANA, 1941
OP(KAT).No.3459 OF 2013
AGAINST THE ORDER/JUDGMENT IN TA 1540/2012 DATED 04-10-2012 OF
KERALA ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS:
1 STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM
2 THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM
BY SR.GP SRI.ANTONY MUKKATH
RESPONDENT/S:
K.N.SOMADAS U D CLERK(HIGHER GRADE)TEXT BOOKS OFFICE,DIRECTORATE OF PUBLIC INSTRUCTION, FORT, THIRUVANANTHAPURAM
R1 BY ADV. SRI.P.C.SASIDHARAN
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 02-12-2019, ALONG WITH OP(KAT).3206/2013, THE COURT ON 02-12-2019 DELIVERED THE FOLLOWING:
O.P(KAT) 3206/2013
::3::
JUDGMENT
[ OP(KAT).3206/2013, OP(KAT).3459/2013 ] Dated this the 2nd day of December 2019
Vinod Chandran, J.
The learned Counsel for the petitioner submits that he has retired on 31.07.2019 as Administrative Assistant and he does not wish to prosecute O.P(KAT) 3206/2013. The learned Government Pleader also submits that in that circumstances O.P(KAT) 3459/2013 need not be adjudicated for the reason that W.P(C) No.18836/2007 was requested to be closed by the petitioner therein, who is the respondent in O.P(KAT) 3459/2013. The said writ petition was closed as infructuous. In such circumstances, both the Original Petitions(KAT) are dismissed as infructuous.
Sd/K. Vinod Chandran, Judge
jma
Sd/V.G. Arun, Judge
O.P(KAT) 3206/2013
::4::
APPENDIX OF OP(KAT) 3206/2013
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE ORDER DATED 4/10/2012 IN TA NO.1540/2012 OF THE KAT. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE ORDER DATED 16/7/2007 OF THE 3RD RESPONDENT |
| EXHIBIT P3 | TRUE COPY OF THE ORDER DATED 1.4.2011 OF THE 3RD RESPONDENT |
| EXHIBIT P4 | TRUE COPY OF THE JUDGMENT DATED 20/7/2005 IN WPC NO.31921/2003-A. |
| EXHIBIT P5 | TRUE COPY OF THE COUNTER AFFIDAVIT DATED 6/9/2007 IN WPC NO.18836/2007 - P. |
| EXHIBIT P6 | TRUE COPY OF THE TA ALONG WITH AFFIDAVIT AND EXHIBITS P1 TO P18 ANNEXED THERETO. |
| EXHIBIT P1 | TRUE COPY OF THE JUDGMENT IN W.A.NO.880/1998 DATED 5.1.2000 |
| EXHIBIT P2 | TRUE COPY OF THE ORDER NO.SY2/160750/02/DPI DATED 31.12.2003 AND THE RELEVANT PAGES TO THE LIST. |
| EXHIBIT P3 | TRUE COPY OF THE ORDER DATED 1.9.2004 ALONG WITH THE RELEVANT PAGES OF THE SENIORITY LIST. |
| EXHIBIT P4 | TRUE COPY OF THE JUDGMENT IN WP(C) NO.15667/2006 DATED 2.8.2006. |
| EXHIBIT P5 | TRUE COPY OF THE ORDER NO.C5/59252/05/DPI/K.DIS DATED 7.10.2005 |
| EXHIBIT P6 | TRUE COPY OF THE G.O.(RT) NO.1935/06/G.EDN. DATED 12.5.2006. |
| EXHIBIT P7 | TRUE COPY OF THE G.O.(RT) NO.4069/06/G.EDN. DATED 20.9.2006. |
| EXHIBIT P8 | TRUE COPY OF THE ORDER NO.SV2- 27536/04/K.DIS DATED 30.9.2006. |
| EXHIBIT P9 | TRUE COPY OF THE REPRESENTATION DATED |
| 30.9.2006 SUBMITTED TO THE 2ND RESPONDENT. |
O.P(KAT) 3206/2013
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| EXHIBIT P10 | TRUE COPY OF THE 11.10.2006 |
REPRESENTATION DATED |
|---|---|---|
| EXHIBIT P11 | TRUE COPY OF THE DATED 3.11.2006 |
ORDER NO.58756/C1/GL.EDN. |
| EXHIBIT P12 | TRUE COPY OF THE NO.4764/06/GL.EDN |
G.O.(RT) . DATED 3.11.2006 |
| EXHIBIT P13 | TRUE COPY OF THE DATED 21.4.2007 |
ORDER NO.SY2/27536/2004 |
| EXHIBIT P14 | TRUE COPY OF THE | ORDER DATED 19.5.2007 |
| EXHIBIT P15 | TRUE COPY OF THE ISSUED BY THE 2ND SEVERAL JUNIORS O |
ORDER DATED 31.5.2007 RESPONDENT PROMOTING F THE PETITIONER. |
| EXHIBIT P16 | TRUE COPY OF THE DATED 16.7.2007 |
ORDER NO.C5/68926/06/DPI |
| EXHIBIT P17 | TRUE COPY OF THE DATED 24.5.2007 |
ORDER NO.D1/040407/06/DPI |
| EXHIBIT P18 | TRUE COPY OF THE 17.7.2007. |
REPRESENTATION DATED |
| EXHIBIT P7 | TRUE COPY OF THE NIL OCTOBER 2007 NO.1540/2012). |
COUNTER AFFIDAVIT DATED IN WPC NO.22916/2007-C (TA |
| EXHIBIT P8 | TRUE COPY OF THE 18/11/2007 IN WPC NO.1540/2012). |
REPLY AFFIDAVIT DATED NO.22916/2007-C (TA |
O.P(KAT) 3206/2013
::6::
APPENDIX OF OP(KAT) 3459/2013
PETITIONER'S/S EXHIBITS:
| ANNEXURE 1 | TRUE COPY OF THE ORDER DATED 4/10/2012 PASSED BY THE TRIBUNAL IN TA NO 1540/2012. |
|---|---|
| ANNEXURE 2 | TRUE COPY OF THE WRIT PETITION NO 22916/2007 DATED 25/7/2007. |
| ANNEXURE 3 | TRUE COPY OF THE COUNTER AFFIDAVIT IN WRIT PETITION NO. 22916/2007 DATED 19/10/2007. |
| ANNEXURE 4 | TRUE COPY OF THE PROCEEDINGS NO.SY2/57194/2007/DPI DATED 1/12/2007 |
| EXHIBIT P1 | TRUE COPY OF THE JUDGMENT IN WA NO.880/98 DATED 5/1/2000. |
| EXHIBIT P2 | TRUE COPY OF THE ORDER NO. SY2/160750/02/DPI DATED 31/12/2003 AND THE RELEVANT PAGES OF THE LIST. |
| EXHIBIT P3 | TRUE COPY OF THE ORDER DATED 1/9/2004 ALONG WITH THE RELEVANT PAGES OF THE SENIORITY LIST. |
| EXHIBIT P4 | TRUE COPY OF THE JUDGMENT IN WPC 15667/06 DATED 2/8/2006. |
| EXHIBIT P5 | TRUE COPY OF THE ORDER NO.C5/59252/05/DPI/K.DIS DATED 7/5/2005. |
| EXHIBIT P6 | TRUE COPY OF THE GO(RT)NO.1935/06/G.EDN DATED 20/9/2006. |
| EXHIBIT P7 | TRUE COPY OF THE GO(RT)NO.4069/06/G.EDN DATED 20/9/2006. |
| EXHIBIT P8 | TRUE COPY OF THE ORDER NO SV2-27536/04 K.DIS DATED 30/9/2006. |
| EXHIBIT P9 | TRUE COPY OF THE REPRESENTATION DATED 30/9/2006 SUBMITTED TO THE 2ND RESPONDENT. |
| EXHIBIT P10 | TRUE COPY OF THE REPRESENTATION DATED 11/10/2006. |
| EXHIBIT P11 | TRUE COPY OF THE ORDER NO 58756/C1/G.EDN DTD 3/11/2006. |
O.P(KAT) 3206/2013
::7::
EXHIBIT P12 TRUE COPY OF THE GO(RT)NO.4764/06/G.EDN DATED 3/11/2006. EXHIBIT P13 TRUE COPY OF THE ORDER NO. SY2/27536/04 DATED 21/4/2007. EXHIBIT P14 TRUE COPY OF THE ORDER DATED 19/5/2007. EXHIBIT P15 TRUE COPY OF THE ORDER DATED 31/5/2007 ISSUED BY THE 2ND RESPONDENT PROMOTING SEVERAL JUNIORS OF THE PETITIONER. EXHIBIT P16 TRUE COPY OF THE ORDER NO. C5/68926/06/DPI DATED 16/7/2007. EXHIBIT P17 TRUE COPY OF THE ORDER NO. D1-040407/06/DPI DATED 24/5/2007. EXHIBIT P18 TRUE COPY OF THE REPRESENTATION DATED 17/7/2007.
2 issues framed by the court
Whether O.P(KAT) 3206/2013 needs adjudication given the petitioner's retirement and disinterest.
Whether O.P(KAT) 3459/2013 needs adjudication given the infructuosity of the underlying writ petition.
R.KRISHNAKUMAR
K.N.SOMADAS
STATE OF KERALA
THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM
K.VINOD CHANDRAN
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
