Dismissed

Kavitha Sudhakar P v. the Government of India

Kerala HC5 Jan 2021WP(C)/127/2021

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition seeking appointment in the Vikram Sarabhai Space Centre. The Court held that such disputes must be approached at the Administrative Tribunal under Section 14 of the Administrative Tribunals Act, 1985.

What did the court decide?

Writ petition dismissed with a direction that the petitioner approach the CAT under Section 14 of the Administrative Tribunals Act.

Kavitha Sudhakar P Vs the Government of India — Service and Employment | Kerala HC (2021)

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942

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WP(C).No.127 OF 2021(M)

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PETITIONER:

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KAVITHA SUDHAKAR P AGED 37 YEARS W/O.R.RENJITH AND D/O. PRABHAVATHY, T.C.96/1015(1), SREEMANGALAM, MANGALATHUKONAM, PULAYANARKOTTA, THURUVICKAL P.O., THIRUVANANTHAPURAM, PIN-695 011

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BY ADV. SRI.S.JUSTUS

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RESPONDENTS:

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1 THE GOVERNMENT OF INDIA

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DEPARTMENT OF SPACE, REPRESENTED BY ITS SECRETARY, ANTARIKSH BHAVAN, NEW BEL ROAD, BANGALORE, PIN CODE-560 231

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2 INDIAN SPACE RESEARCH ORGANIZATION (ISRO), REPRESENTED BY ITS CHAIRMAN, ANTARIKSH BHAVAN, NEW BEL ROAD, BANGALORE,PIN CODE-560 231

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3 THE DIRECTOR, VIKRAM SARABHAI SPACE CENTRE (VSSC) THUMBA, THIRUVANANTHAPURAM,PINCODE-695 022

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4 THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM, DISTRICT COLLECTOR OFFICE, CIVIL STATION ROAD, KUDAPPANAKUNNU, THIRUVANANTHAPURAM,PINCODE-695 043

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5 THE CHIEF CONTROLLER, VIKRAM SARABHAI SPACE CENTRE (VSSC), THUMBA, THIRUVANANTHAPURAM,PINCODE-695 022

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OTHER PRESENT:

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ASGI- SRI.P.VIJAYAKUMAR, SRI.DAYA SINDHU SREEHARI .N.S,,GP- SRI.BIJOY CHANDRAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.127 OF 2021

JUDGMENT

The prayers sought for in the writ petition are as follows:-

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“(a) issue a writ of mandamus or order or direction directing the respondents 1 to 3 to appoint the petitioner as per Ext.P10 list forthwith.

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(b) issue a writ of mandamus or order or direction directing the 3^rd respondent to consider the appointment of the petitioner within a time limit fixed by this Honorable Court and take necessary steps for providing employment to the petitioner.”

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Heard the learned counsel for the petitioner and the learned ASGI appearing for the respondents.

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In view of the fact that the petitioner is seeking appointments under the 2^nd and 3^rd respondents, it is clear that the petitioner has to approach the CAT in terms of Section 14 of the Administrative Tribunals Act, 1985. This writ petition is dismissed without prejudice to the contentions of the petitioner and the right to approach the CAT.

Sd/-

ANU SIVARAMAN JUDGE

Bng/05.01.2020

WP(C).No.127 OF 2021

APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1	PHOTOCOPY OF THE CERTIFICATE ISSUED BY THE TAHSILDAR, THIRUVANANTHAPURAM, DATED 08.09.2017
EXHIBIT P2	PHOTOCOPY OF THE EXTRACT FROM THE MEETING HELD BY THE CHAIRMAN ISRO AND PALLITHURA VELI WELFARE ASSOCIATION COORDINATION COMMITTEE DATED 05.04.1970
EXHIBIT P3	PHOTOCOPY OF THE NOTES OF DISCUSSION HELD ON 19.07.1971
EXHIBIT P4	PHOTOCOPY OF THE MINUTES OF THE DISCUSSION HELD ON 23.03.1972
EXHIBIT P5	PHOTOCOPY OF THE LETTER DATED 19.06.1975 ISSUED BY THE DISTRICT COLLECTOR TO THE SECRETARY, VELI PEOPLES WELFARE ASSOCIATION , VALIA VELI THIRUVANANTHAPURAM
EXHIBIT P6	PHOTOCOPY OF THE MINUTES OF THE MEETING HELD ON 21.01.1984
EXHIBIT P7	PHOTOCOPY OF THE LETTER DATED 10.08.1987 ISSUED BY THE MINISTER OF STATE, SCIENCE AND TECHNOLOGY TO THEN MEMBER OF PARLIAMENT, MR.T BASHEER
EXHIBIT P8	PHOTOCOPY OF THE LETTER NO.D.O.NO.E 18011/7/2006-SEC.1 ISSUED BY THE JOINT SECRETARY , GOVERNMENT OF INDIA, DEPARTMENT OF SPACE TO THE MEMBER OF PARLIAMENT
EXHIBIT P9	PHOTOCOPY OF THE RECORD OF DISCUSSION OF THE MEETING HELD BY ADDITIONAL SECRETARY, DOS WITH THE EVICTEES OF THUMBA
EXHIBIT P10	PHOTOCOPY OF THE LIST ISSUED BY THE RECRUITMENT AND REVIEW SECTION OF VSSC
EXHIBIT P11	PHOTOCOPY OF THE REPLY ISSUED BY THE CENTRAL PUBLIC INFORMATION OFFICER, ISRO

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WP(C).No.127 OF 2021

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DATED 09.02.2009 EXHIBIT P12 PHOTOCOPY OF THE COMMON JUDGMENT DATED 06.11.2027 IN WP(C) NO.25039/2017 OF THIS HONORABLE COURT EXHIBIT P13 PHOTOCOPY OF THE JUDGMENT DATED 22.01.2018 IN W.A NO.27/2018 OF THIS HONORABLE COURT EXHIBIT P14 PHOTOCOPY OF THE JUDGMENT DATED 23.02.2018 IN W.A. NO.170/2018 OF THIS HONORABLE COURT EXHIBIT P15 PHOTOCOPY OF THE LETTER DATED 12.11.2018 ISSUED BY THE 3RD RESPONDENT EXHIBIT P16 PHOTOCOPY OF THE JUDGMENT DATED 18.02.2019 IN WP(C) NO.27182/2018 OF THIS HON'BLE COURT

Kavitha Sudhakar P v. the Government of India

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Kavitha Sudhakar P v. the Government of India

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