Disposed

Binumol Jose v. State of Kerala

Kerala HC11 Jan 2021WP(C)/189/2021

Case brief

AI extract

What is this about?

Petitioners challenging posting orders demanding 90-day work arrangement transfer to Head Office sought quashing of order and direction to consider their representation regarding grievances and 13th petitioner's child's disability. Court directed Managing Director and appropriate committee to consider representations with hearing within stipulated time.

What did the court decide?

Direction to Managing Director to consider P7 on mental disability of child within two weeks; direction to appropriate committee to consider P5 after hearing representative within six weeks.

Binumol Jose Vs State of Kerala — Labour and Industrial Disputes | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942

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WP(C).No.189 OF 2021(W)

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PETITIONERS:

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1 BINUMOL JOSE AGED 48 YEARS D/O.V.S.JOSEPH, D.T.P.OPERATOR, SUB CENTRE, KERALA STATE CENTRE FOR ADVANCED PRINTING AND TRAINING (CAPT) PALA, KOTTAYAM - 686 575 RESIDING AT POOVATHUMKAL (H), NEELOOR P.O., KOTTAYAM - 686 651.

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2 BINDU THANKAPPAN AGED 46 YEARS D/O.DIVAKARAN NAIR, L.D.TYPIST, SUB CENTRE, KERALA STATE CENTRE FOR ADVANCED PRINTING AND TRAINING (CAPT), PALA, KOTTAYAM - 686 575 RESIDING AT VAZHIKOTTU (H), KUDAYATHOOR P.O., THODUPUZHA, IDUKKI - 685 590.

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3 THOMAS P.MATHEW AGED 51 YEARS S/O.MATHEW, REPROGRAPHIC ASSISTANT, SUB CENTRE, KERALA STATE CENTRE FOR ADVANCED PRINTING THE TRAINING, (C-APT), PALA, KOTTAYAM - 686 575 RESIDING AT KALAPURACKAL (H), ARUVITHURA P.O., KOTTAYAM - 686 122.

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4 SUDHARSAN M.R. AGED 51 YEARS S/O.RAMACHANDRAN NAIR, BINDER, SUB CENTRE, KERALA STATE CENTRE FOR ADVANCED PRINTING THE TRAINING, (CAPT), PALA, KOTTAYAM - 686 575 RESIDING AT MAMBILIL (H), UDUMBANNOOR P.O., THODUPUZHA, IDUKKI - 685 595.

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5 MARIYA V.V. AGED 55 YEARS

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D/O.VARGHESE, BINDER, SUB CENTRE, KERALA STATE CENTRE FOR ADVANCED PRINTING AND TRAINING, (C-APT), PALA, KOTTAYAM - 686 575 RESIDING AT MEVALAKUNNEL (H), PURAPUZHA P.O., THODUPUZHA, IDUKKI - 685 583.

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6 SALY VARGHESE AGED 56 YEARS D/O.VARKEY VARGHESE, BINDER, SUB CENTRE, KERALA STATE CENTRE FOR ADVANCED PRINTING AND TRAINING, (C-APT), PALA, KOTTAYAM - 686 575 RESIDING AT AKKAL (H),

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WP(C).No.189 OF 2021(W)

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MOOLAVATTOM P.O., KOTTAYAM - 686 012.

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7 MADHU K.K. AGED 51 YEARS S/O.KRISHNAN NAIR, TRADE INSTRUCTOR, SUB CENTRE, KERALA STATE CENTRE FOR ADVANCED PRINTING AND TRAINING, (C-APT), PALA, KOTTAYAM - 686 575 RESIDING AT PONNOLI (H), VANCHIMALA P.O., KALAKKETTI, KOTTAYAM - 686 508.

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8 SINDHUMOL M.N. AGED 45 YEARS D/O.NAMPI M.A., TRADE INSTRUCTOR, SUB CENTRE, KERALA STATE CENTRE FOR ADVANCED PRINTING AND TRAINING, (C-APT), PALA, KOTTAYAM - 686 575 RESIDING AT PURAPUZHA P.O., VAZHITHALA, IDUKKI - 685 583.

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9 SAJI THOMAS AGED 56 YEARS S/O.K.U.THOMAS, HELPER, SUB CENTRE, KERALA STATE CENTRE FOR ADVANCED PRINTING AND TRAINING, (C-APT), PALA, KOTTAYAM - 686 575 RESIDING AT KOTTARAM KUNNEL (H), ARUVITHURA P.O., ERATTUPUZHA, KOTTAYAM - 686 122.

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10 AJITHA K.T. AGED 56 YEARS D/O.K.K.THANKAPPAN, HELPER, SUB CENTRE, KERALA STATE CENTRE FOR ADVANCED PRINTING AND TRAINING, (C-APT), PALA, KOTTAYAM - 686 575 RESIDING AT MUNDOKUZHIYIL (H), PURAPUZHA P.O., THODUPUZHA, IDUKKI - 685 583.

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11 SHAJI JOSEPH AGED 56 YEARS S/O.MATHAI EDIKULA, SALES ASSISTANT, SUB CENTRE, KERALA STATE CENTRE FOR ADVANCED PRINTING AND TRAINING, (C-APT), PALA, KOTTAYAM - 686 575 RESIDING AT VANIYAPURACKAL HOUSE, PERUMITTATHU, NIRANAM, PATHANAMTHITTA - 689 621.

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12 MONCY T.MALIACKAL AGED 54 YEARS S/O.M.T.THOMAS, U.D.CLERK, EXTENSION CENTRE, KERALA STATE CENTRE FOR ADVANCED PRINTING AND TRAINING, (C-APT), KADUTHURUTHY, KOTTAYAM - 686 604 RESIDING AT THANAVELIL, VADAVATHOOR P.O., KOTTAYAM - 686 010.

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WP(C).No.189 OF 2021(W)

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13 SAIBU K.M. AGED 46 YEARS S/O.K.C.MANI, BINDER, EXTENSION CENTRE, KERALA STATE CENTRE FOR ADVANCED PRINTING AND TRAINING, (C-APT), KADUTHURUTHY, KOTTAYAM - 686 604 RESIDING AT KUNNAPPALLIL (H), KAIPUZHA P.O., KOTTAYAM - 686602.

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14 LILLIKUTTY P.U. AGED 56 YEARS D/O.UDUP, HELPER, EXTENSION CENTRE, KERALA STATE CENTRE FOR ADVANCED PRINTING AND TRAINING, (C-APT), KADUTHURUTHY, KOTTAYAM - 686 604 RESIDING AT PALAKOZHUPIL (H), ERAVINMANGALAM P.O., KADUTHURUTHY, KOTTAYAM - 686 613.

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BY ADVS. SRI.S.MUHAMMED HANEEFF SRI.M.H.ASIF ALI

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695001.

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2 KERALA STATE CENTRE FOR ADVANCED PRINTING AND TRAINING (C-APT) REPRESENTED BY ITS MANAGING DIRECTOR, VATTIYOORKKAVU, THIRUVANANTHAPURAM - 695 002.

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3 THE OFFICER-IN-CHARGE SUB CENTRE, KERALA STATE CENTRE FOR ADVANCED PRINTING AND TRAINING (C-APT), PALA, KOTTAYAM - 686 575.

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4 THE OFFICER-IN-CHARGE EXTENSION CENTRE, KERALA STATE CENTRE FOR ADVANCED PRINTING AND TRAINING. (C-APT), KADUTHURUTHY, KOTTAYAM - 686604.

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GP-SRI.BIJOY CHANDRAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.189 OF 2021(W)

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JUDGMENT

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Dated this the 11th day of January 2021

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This writ petition is filed seeking the following reliefs:

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“a) Call for the records leading up to Ext.P4 and quash the same to the extent it order transfer of the petitioner on work arrangement for 90 days to Head Office, Thiruvananthapuram by issuing a writ of certiorari or any other appropriate writ order or direction.

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b) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1^st respondent to consider Ext.P1 and pass appropriate orders on the same after affording an opportunity of hearing to the petitioners or an authorised representative of the petitioners within a time frame fixed by this Hon'ble Court.”

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Heard the learned counsel for the petitioners, the learned Government Pleader as well as the learned counsel appearing for respondents 2 to 4.

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It is submitted by the learned counsel for the petitioners that the petitioners have moved this Court against their posting orders on work arrangement basis to the Head Office, Thiruvananthapuram. It is submitted that the petitioners had raised several objections to the posting orders, since the individual

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WP(C).No.189 OF 2021(W)

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grievances of the petitioners were not been considered and certain persons had been exempted from such work arrangements. Ext.P5 representation which was a comprehensive representation preferred by the petitioners had been submitted before the Government and Ext.P7, which is a specific representation preferred by the 13^th petitioner with regard to the mental disability of his child had been preferred before the 2^nd respondent-Managing Director.

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The learned counsel appearing for the respondents would submit that it is for the appropriate committee of the governing body of the 2^nd respondent to take an appropriate decision on Ext.P5 representation. However, with regard to the request made by the 13^th petitioner in Ext.P7, it is submitted that the same will be considered by the Managing Director within a period of two weeks from the date of receipt of a copy of this judgment.

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In the above view of the matter, this writ petition is disposed of with the following directions:

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i) There will be a direction to the Managing Director of the 2^nd respondent to take up Ext.P7 and pass an appropriate order on the same within a period of two weeks from the date of receipt of a copy of this judgment. The specific aspect highlighted by the 13^th

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WP(C).No.189 OF 2021(W)

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petitioner shall be specifically taken note of while passing orders as directed above.

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ii) The appropriate committee of the governing body of the 2^nd respondent shall take up Ext.P5 and pass appropriate orders thereon after hearing a representative of the petitioners. Appropriate steps shall be taken within a period of six weeks from the date of receipt of a copy of this judgment. It is made clear that hearing can be done through video conferencing or through any other appropriate means.

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This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

SVP

WP(C).No.189 OF 2021(W)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE RELEVANT PROVISIONS OF THE KERALA STATE AUDIO-VISUAL & REPROGRAPHIC CENTRE RULES ON SERVICE CONDITIONS OF EMPLOYEES AND ALLIED MATTERS. EXHIBIT P2 A TRUE COPY OF THE ORDER BEARING NO.CAPT/1000/13/E.ST DT. 30/01/2019 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P3 A TRUE COPY OF THE ORDER BEARING NO.CAPT/1000/13/E.ST DT. 08/02/2019 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P4 A TRUE COPY OF THE ORDER BEARING NO.CAPT/1000/13/E.S.T. DT. 28/12/2020 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION DT. 01/01/2021 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT. EXHIBIT P6 A TRUE COPY OF THE STANDING DISABILITY ASSESSMENT CERTIFICATE DT. 26/08/2015 ISSUED BY THE MEDICAL BOARD, GOVT MEDIAL COLLEGE HOSPITAL, KOTTAYAM. EXHIBIT P7 A TRUE COPY OF THE REPRESENTATION DT. 29/12/2020 SUBMITTED BY THE 13TH PETITIONER TO THE 2ND RESPONDENT.

Binumol Jose v. State of Kerala

Case brief

What is this about?

What did the court decide?

Binumol Jose v. State of Kerala

Case brief

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