Dismissed

State of Kerala v. K.N.Somadas

Kerala HC2 Dec 2019OP(KAT)/3459/2013

Case brief

AI extract

What is this about?

High Court at Ernakulam passed orders in two original petitions filed under Section 15 of the Kerala Lokayukta Act. The court recorded that the petitioner in the first case retired and relinquished the prosecution. In the second case, the respondent requested closure of an underlying writ petition as infructuous. Consequently, both original petitions were dismissed as infructuous.

What did the court decide?

Both Original Petitions (KAT) were dismissed as infructuous.

State of Kerala Vs K.N.Somadas — 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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MONDAY, THE 02ND DAY OF DECEMBER 2019 / 11TH AGRAHAYANA, 1941 OP(KAT).No.3206 OF 2013

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AGAINST THE ORDER/JUDGMENT IN TA 1540/2912 DATED 04-10-2012 OF KERALA ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM

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PETITIONER:

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R.KRISHNAKUMAR, SENIOR SUPERINTENDENT, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KANIYAPURAM, THIRUVANANTHPAURAM-695 301.

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BY ADVS. SRI.B.RAGHUNATHAN SRI.G.GOPALAKRISHNA PILLAI SRI.G.S.MOHANDAS SRI.M.SALIM SRI.R.SRINATH SRI.VIPIN VARGHESE

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RESPONDENTS:

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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).

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2 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETRIAT, THIRUVANANTHAPURAM-695 001.

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3 THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM-695 014.

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R1 BY ADV. SRI.P.C.SASIDHARAN

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OTHER PRESENT:

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SR.GP SRI.ANTONY MUKKATH

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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:

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O.P(KAT) 3206/2013

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::2::

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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

¶24

¶25

THE HONOURABLE MR.JUSTICE V.G.ARUN

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MONDAY, THE 02ND DAY OF DECEMBER 2019 / 11TH AGRAHAYANA, 1941

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OP(KAT).No.3459 OF 2013

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AGAINST THE ORDER/JUDGMENT IN TA 1540/2012 DATED 04-10-2012 OF

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KERALA ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM

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PETITIONERS:

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1 STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM

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2 THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM

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BY SR.GP SRI.ANTONY MUKKATH

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RESPONDENT/S:

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K.N.SOMADAS U D CLERK(HIGHER GRADE)TEXT BOOKS OFFICE,DIRECTORATE OF PUBLIC INSTRUCTION, FORT, THIRUVANANTHAPURAM

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R1 BY ADV. SRI.P.C.SASIDHARAN

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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

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JUDGMENT

[ OP(KAT).3206/2013, OP(KAT).3459/2013 ] Dated this the 2nd day of December 2019

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Vinod Chandran, J.

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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.

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Sd/K. Vinod Chandran, Judge

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jma

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Sd/V.G. Arun, Judge

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O.P(KAT) 3206/2013

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::4::

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APPENDIX OF OP(KAT) 3206/2013

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PETITIONER'S/S EXHIBITS:

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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.

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O.P(KAT) 3206/2013

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::5::

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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

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O.P(KAT) 3206/2013

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::6::

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APPENDIX OF OP(KAT) 3459/2013

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PETITIONER'S/S EXHIBITS:

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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.

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O.P(KAT) 3206/2013

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::7::

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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.

State of Kerala v. K.N.Somadas

Case brief

What is this about?

What did the court decide?

State of Kerala v. K.N.Somadas

Case brief

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