Dismissed

Aswin Deep T v. State of Kerala

Kerala HC13 Sept 2021WP(C)/13732/2021

Case brief

AI extract

What is this about?

The Court dismissed a writ petition challenging illegal appointments and seeking own appointment. Finding the petitioner suppressed earlier litigation details and offered unsatisfactory explanations for the omission, the Court dismissed the petition and imposed costs.

What did the court decide?

Cost of Rs.10,000 imposed on petitioner payable to Kerala State Mediation and Conciliation Committee.

Aswin Deep T Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2021)

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W.P(C).13732/2021

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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 SUNIL THOMAS

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MONDAY, THE 13^TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943

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WP(C) NO. 13732 OF 2021

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PETITIONER/S:

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1 ASWIN DEEP T, AGED 36 YEARS, S/O.ASOK KUMAR T KOMBAN HOUSE, THURUTHYVAYAL, PAPPINISSERI P.O., KANNUR-670561.

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2 JISHA P, AGED 37 YEARS, W/O.JOSHY JOHN SNEHABHAVAN, MODAKKALLUR POST, ULLYERI VIA, KOZHIKODE- 673323.

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BY ADV MAITREYI SACHIDANANDA HEGDE

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF INDUSTRIES AND COMMERCE, SECRETARIAT, THIRUVANANTHAPURAM-695001

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2 KERALA STATE COIR CORPORATION LIMITED REPRESENTED BY THE MANAGING DIRECTOR, P.B. NO. 191, SEA VIEW WARD ALAPPUZHA- 688001.

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3 KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM-695004.

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4 DEEPA K.P, L.D. CLERK, HEAD OFFICE, KERALA STATE COIR CORPORATION LIMITED, P.B. NO. 191, SEA VIEW WARD, ALAPPUZHA- 688001

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W.P(C).13732/2021

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5 HAREESH, L.D. CLERK, HEAD OFFICE, KERALA STATE COIR CORPORATION LIMITED, P.B. NO. 191, SEA VIEW WARD, ALAPPUZHA- 688001

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6 NEENA ANTONY, L.D. CLERK, HEAD OFFICE, KERALA STATE COIR CORPORATION LIMITED, P.B. NO. 191, SEA VIEW WARD, ALAPPUZHA- 688001 7 ANUJA V.S., L.D. CLERK, HEAD OFFICE, KERALA STATE COIR CORPORATION LIMITED, P.B. NO. 191, SEA VIEW WARD, ALAPPUZHA- 688001 8 SUDHEESH T.P, L.D. CLERK, HEAD OFFICE, KERALA STATE COIR CORPORATION LIMITED, P.B. NO. 191, SEA VIEW WARD, ALAPPUZHA- 688001 9 PARVATHI, L.D. CLERK, HEAD OFFICE, KERALA STATE COIR CORPORATION LIMITED, P.B. NO. 191, SEA VIEW WARD, ALAPPUZHA- 688001 10 BIJU, L.D. CLERK, HEAD OFFICE, KERALA STATE COIR CORPORATION LIMITED, P.B. NO. 191, SEA VIEW WARD, ALAPPUZHA- 688001

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11 SABITHA, L.D. CLERK, HEAD OFFICE, KERALA STATE COIR CORPORATION LIMITED, P.B. NO. 191, SEA VIEW WARD, ALAPPUZHA- 688001

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BY ADVS. PUBLIC PROSECUTOR P.C.SASIDHARAN SHRI.P.C.SASIDHARAN, SC, KPSC

OTHER PRESENT:

GP PARVATHY KOTTOL

W.P(C).13732/2021

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P(C).13732/2021

JUDGMENT

Petitioners have approached this Court seeking direction to appoint them and also contending that, appointments were done illegally and against the ratio laid down in Secretary, State of Karnataka & Ors. v. Umadevi & Ors. [2006(4) SCC 1] .

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When the matter was taken up, it was pointed out by the learned counsel for the respondents that, counter affidavit was filed stating that, earlier petitioner has approached this Court in W.P(C).No.6950 of 2021, which was closed by judgment dated 07.07.2021 of this Court. This was suppressed in the Writ Petition. Accordingly, first petitioner was directed to file an affidavit answering the averments in the counter affidavit. An affidavit dated 30.08.2021 has been filed stating that, he was admitting that he had filed W.P(C).No.6950 of 2021 and it was closed by judgment dated 07.07.2021. However, explanation offered is that, he was not aware that the said information was communicated to his counsel while entrusting the above matter. Hence, it was not informed to the counsel.

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I am not at all satisfied with this explanation. It was the bounden duty of the petitioner to disclose it to the counsel about the

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W.P(C).13732/2021

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earlier proceedings. He cannot feign ignorance of this. Hence, I am inclined to dismiss the present Writ Petition imposing a cost of Rs.10,000/- (Rupees Ten Thousand only) on the petitioner payable to the Kerala State Mediation and Conciliation Committee.

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Writ Petition is disposed of by imposing a cost of Rs.10,000/payable within a period of one month from today. If the amount is not paid within the time prescribed, the amount shall be recovered by the KSMCC in accordance with law and necessary certificate shall be issued by the Registrar.

Sd/-

SUNIL THOMAS

JUDGE

Sbna/

W.P(C).13732/2021

APPENDIX

PETITIONERS EXHIBITS:

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EXT 1 : TRUE COPY OF THE NOTIFICATION DATED 31.12.2014 FOR APPLYING TO THE POST OF LDC, IN CATEGORY NO.665/2014

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EXT 2 : TRUE COPY OF THE RANKED LIST NO.566/18/ER/IIA WITH CATEGORY NO.665/2014 DATED 20.06.2018 FOR TEH POST OF LDC

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EXT 3 : TRUE COPY OF TEH RELEVANT PAGES OF THE APPOINTMENT CHART FILE NO.RIB(3) 9453/2018/GW SHOWING ISSUANCES OF ADVICES TO 8 FRESH VACANCIES

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EXT 4 : TRUE COPY OF THE APPOINTMENT CHART FILE NO.RIB (3) 9453/2018/GW SHOWING THE DETAILS OF ADVICE TO 1 FRESH VACANCY

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EXT 5 : TRUE COPY OF THE RTI REPLY DATED 04.01.2020 OBTAINED BY TEH 1ST PETITIONER

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EXT 6 : TRUE COPY OF THE NON AVAILABILITY CERTIFICATE DATED 03.03.2009

Aswin Deep T v. State of Kerala

Case brief

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Aswin Deep T v. State of Kerala

Case brief

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