Disposed

Babu Alanchintavida v. the Secretary, Environment Department

Kerala HC6 Jan 2021WP(C)/26421/2020

Case brief

AI extract

What is this about?

Petitioner sought regularization of service. Court directed the 1st respondent to consider the petitioner's representation regarding service regularization under the Pollution Control Board and pass appropriate orders after hearing relevant parties within two months.

What did the court decide?

Direction to respondent to consider petitioner's representation for service regularization and pass appropriate orders within two months after hearing petitioner.

Babu Alanchintavida Vs the Secretary… — Pension and Retirement Benefits | 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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WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942

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WP(C).No.26421 OF 2020(C)

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PETITIONER:

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BABU ALANCHINTAVIDA AGED 56 YEARS RESIDING A T GUNASAGARAN, (P.O.), PUTHUPPANAM, KOZHIKODE DISTRICT 673 105.

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BY ADVS. SRI.C.VATHSALAN SRI.K.RAKESH ROSHAN SMT.THUSHARA.V

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RESPONDENTS:

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1 THE SECRETARY, ENVIRONMENT DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

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2 KERALA STATE POLLUTION CENTRAL BOARD, PULIMOODU JUNCTION, PO. PATTOM, THIRUVANANTHAPURAM, 695 004, REPRESENTED BY CHAIRMAN.

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SRI.BINOY CHANDRAN, GP SRI.NAVEEN T.,SC, PCB

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.26421 OF 2020

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JUDGMENT

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This writ petition is filed seeking the following prayers:

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“(i) Issue a writ of mandamus and direct the respondent to regularize the service of the petitioner as prayed for in Exhibit P4.

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(ii) Direct the 1^st respondent to consider and pass orders on Exhibit P4 representation in accordance with law forthwith after giving an opportunity of hearing to the petitioner.”

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Heard the learned counsel for the petitioner and the learned Government Pleader as well as the learned Standing Counsel appearing for the 2^nd respondent Board.

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It is submitted by the learned counsel for the petitioner that Ext.P4 representation preferred by the petitioner, seeking regularization of service under the Pollution Control Board, had been forwarded to the Government and Ext.P5 reply given by the Board under the Right to Information Act would show that the representation preferred by the petitioner is pending before the Government.

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The learned counsel for the petitioner further submits that service of 51 persons had been regularized by Ext.P6 order of the 2^nd

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WP(C).No.26421 OF 2020

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respondent Board on the basis of Government Orders. It is therefore contended that the petitioner's representation is also liable to be considered by the 1^st respondent.

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Having heard the learned Government Pleader as well as the learned Standing Counsel also, there will be a direction to the 1^st respondent to take up Ext.P4 representation preferred by the petitioner which is forwarded to the Government as stated in Ext.P5 and to pass orders thereon in accordance with law. The petitioner shall produce a copy of this writ petition along with a copy of this judgment before the 1^st respondent for compliance. Appropriate orders shall be passed by the Government after hearing the petitioner as well as an authorized representative of the 2^nd respondent within a period of two months from the date of receipt of a copy of this judgment.

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This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

WP(C).No.26421 OF 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE DATED 16/8/96 BY	APPOINTMENT P4 ORDER THE 2ND RESPONDENT.
EXHIBIT P2	TRUE COPY OF THE DATED 14/12/1998 ENVIRONMENT ENGI RESPONDENT.	EXPERIENCE CERTIFICATE BY THE SENIOR NEER UNDER THE 2ND
EXHIBIT P3	TRUE COPY OF THE DATED 15/6/2020.	PENSION PAYMENT ORDER
EXHIBIT P4	TRUE COPY OF THE 14/11/2019 BY TH	REPRESENTATION DATED E PETITIONER.
EXHIBIT P5	TRUE COPY OF THE GIVEN BY THE PUB UNDER THE 2ND RE	REPLY DATED 21/10/2020 LIC INFORMATION OFFICER, SPONDENT.
EXHIBIT P6	TRUE COPY OF THE DATED 17/3/20O1 RELATING TO THE SIMILARLY SITUAT	PROCEEDINGS CUM ORDER BY THE 2ND RESPONDENT REGULARIZATION OF THE ED 49 PERSONS.

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RESPONDENT'S/S EXHIBITS: NIL

Babu Alanchintavida v. the Secretary, Environment Department

Case brief

What is this about?

What did the court decide?

Babu Alanchintavida v. the Secretary, Environment Department

Case brief

What is this about?

What did the court decide?

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