Dismissed

E.M.Joseph v. the State of Kerala

Kerala HC30 Mar 2021WP(C)/7675/2021

Case brief

AI extract

What is this about?

In a writ petition challenging the tenure of a Vigilance Officer, the Court noted that while the officer's term allegedly expired, a new Government Order had extended it. The Court dismissed the instant petition as withdrawn but granted liberty to file a fresh petition challenging the new order.

What did the court decide?

Petition dismissed as withdrawn; liberty granted to file a fresh writ petition challenging the Government Order dated 24.02.2021.

E.M.Joseph Vs the State of Kerala — Service and Employment | 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 THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943

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WP(C).No.7675 OF 2021(S)

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PETITIONER:

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E.M.JOSEPH AGED 58 YEARS S/O.MATHEW, RESIDING AT 10/121, EETHUMKUZHIYIL HOUSE, MADRASSA LANE, ALUVA P.O.-683 101.

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BY ADVS. SRI.ELVIN PETER P.J. SRI.K.R.GANESH SMT.KAIMAL PRIYA PADMANABHA SMT.GOURI BALAGOPAL

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, TOURISM DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 THE KERALA TOURISM DEVELOPMENT CORPORATION LTD, REPRESENTED BY ITS MANAGING DIRECTOR, CORPORATE OFFICE, MASCOT SQUARE, THIRUVANANTHAPURAM-695 033.

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3 THE MANAGING DIRECTOR, THE KERALA TOURISM DEVELOPMENT CORPORATION LIMITED, CORPORATE OFFICE, MASCOT SQUARE, THIRUVANANTHAPURAM-695 033.

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4 THE CHAIRMAN, KERALA TOURISM DEVELOPMENT CORPORATION LTD, CORPORATE OFFICE, MASCOT SQUARE, THIRUVANANTHAPURAM-695 033.

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W.P.(C)No.7675 of 2021-S

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5 S.JOGESH, VIGILANCE OFFICER(ON CONTRACT), KERALA TOURISM DEVELOPMENT CORPORATION LTD, CORPORATE OFFICE, MASCOT SQUARE, THIRUVANANTHAPURAM-695 033.

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SRI.V.TEKCHAND, SENIOR GOVERNMENT PLEADER SRI.P.A.AHAMMED, SC, KTDC LTD.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No.7675 of 2021-S

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JUDGMENT

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Dated this the 30^th day of March, 2021

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S.Manikumar, C.J.

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In this writ petition, petitioner has sought for the following reliefs:

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“(i) to issue a writ of quo-warranto to the 5^th respondent calling him to show cause under what authority he is holding the post of Vigilance Officer in the Kerala Tourism Development Corporation;

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(ii) to issue a writ of mandamus, or any other appropriate writ, order or injunction restraining the 5^th respondent from continuing as Vigilance Officer of the Kerala Tourism Development Corporation;

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(iii) to issue a writ of mandamus, or any other appropriate writ, order or direction directing respondents 1 to 3 to recover the entire salary and allowances drawn by the 5^th respondent beyond 02.07.2020 forthwith;

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(iv) to issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 to 3 to terminate the services of the 5^th respondent as Vigilance Officer of the Kerala Tourism Development Corporation.”

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Though several grounds were raised, it is the contention of the petitioner that the 5^th respondent's appointment as Vigilance Officer for one year originally as per Exhibit P8 order, expired on 2.7.2018 and thereafter, he was given periodical extension. According to the petitioner,

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W.P.(C)No.7675 of 2021-S

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after 2.7.2020, no extension was granted and, therefore, respondent No.5 has no locus to continue as Vigilance Officer of the Kerala Tourism Development Corporation.

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Earlier, when the matter came up for admission, we directed Mr. V.Tek Chand, learned Senior Government Pleader, to take notice for respondent No.1 and Mr. P. A. Ahammed, learned counsel, to take notice for respondents 2 to 4. Notice was ordered to respondent No.5 by speed post returnable by 30.3.2021. As per Registry's note, service is not complete on respondent No.5.

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However, on this day when the matter came up for hearing, inviting the attention of this Court to the Government Order dated 24.2.2021, learned Senior Government Pleader submitted that the term of appointment of respondent No.5 as Vigilance Officer in Kerala Tourism Development Corporation is extended for one more year from 03.07.2020.

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Mr. K. R. Ganesh, learned counsel for the petitioner, submitted that the said Government Order requires to be challenged. He seeks for permission to amend the pleadings accordingly.

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However, this Court is of the view that leave with permission can be granted to file a fresh writ petition challenging the abovesaid Government Order. Hence, instant writ petition is dismissed as

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W.P.(C)No.7675 of 2021-S

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withdrawn. Liberty is granted to file a fresh writ petition challenging the abovesaid Government Order.

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Pending interlocutory applications, if any, shall stand closed.

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Sd/-

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S.Manikumar Chief Justice

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Sd/-

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Shaji P.Chaly Judge

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vpv

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W.P.(C)No.7675 of 2021-S

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE COMMUNICATION NO.KTDC/PA3/8802/771/2021 DATED 19.02.2021 SENT BY THE PUBLIC INFORMATION OFFICER IN THE CORPORATION ALONG WITH ITS TRUE ENGLISH TRANSLATION.

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EXHIBIT P2 TRUE COPY OF THE RESOLUTION NO.4912 OF THE BOARD OF DIRECTORS OF THE CORPORATION NO.KTDC:BM-236: 04:6 DATED 16.06.2004 ENCLOSING ALONG WITH THE COPIES OF THE DOCUMENTS REQUESTED IN QUESTION NOS.1,2,3 AND 4 CITED IN EXT.P1 COMMUNICATION.

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EXHIBIT P3 TRUE COPY OF THE NOTIFICATION NO.KTDC/PA1/V&SO/2017 DATED 31.03.2017 ISSUED BY THE CORPORATION.(REF.NO.6 CITED IN EXT. P1 COMMUNICATION).

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EXHIBIT P4 TRUE COPY OF THE COMMUNICATION NO.TOURB1/12/2021-TOUR DATED 03.02.2021 ISSUED BY THE PUBLIC INFORMATION OFFICER, TOURISM DEPARTMENT.

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EXHIBIT P5 TRUE COPY OF THE DRIVING LICENSE NO.1/6605/2008 DATED 23.07.2013 OF THE 5TH RESPONDENT.

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EXHIBIT P6 TRUE COPY OF THE BIO DATA OF THE 5TH RESPONDENT.

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EXHIBIT P7 TRUE COPY OF THE RELEVANT EXTRACT OF THE NOTE FILE THAT WAS SERVED TO ADV. GOPIKRISHNA R. PURSUANT TO THE APPLICATION DATED 29.01.2021 SUBMITTED UNDER THE R.T.I. ACT ALONG WITH ITS TRUE ENGLISH TRANSLATION.

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EXHIBIT P8 TRUE COPY OF THE GOVERNMENT ORDER G.O. (RT)NO.269/2017/TSM DATED 06.06.2017 GRANTING APPROVAL FOR APPOINTMENT OF THE 5TH RESPONDENT AS VIGILANCE OFFICER ON CONTRACT BASIS FOR A PERIOD OF ONE YEAR.

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W.P.(C)No.7675 of 2021-S

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EXHIBIT P9 TRUE COPY OF THE ORDER NO.KTDC/PA(7)/ 203/2017 DATED 19.06.2017 ISSUED BY THE 3RD RESPONDENT AS VIGILANCE OFFICER ON CONTRACT BASIS FOR A PERIOD OF ONE YEAR.

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EXHIBIT P10 TRUE COPY OF THE INFORMATION NO.TOURB1/38/2020/TOUR DATED 22.02.2021 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER IN THE OFFICE OF THE 1ST RESPONDENT ALONG WITH ITS TRUE ENGLISH TRANSLATION.

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/TRUE COPY/

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P.A. TO JUDGE

E.M.Joseph v. the State of Kerala

Case brief

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E.M.Joseph v. the State of Kerala

Case brief

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