Remanded

P.D.Sanjeevkumar v. State of Kerala

Kerala HC13 Jan 2021WP(C)/877/2021

Case brief

AI extract

What is this about?

The Court directed the Principal Secretary, Local Self Government Department, to consider pending representations from petitioners seeking regularisation of their service with Pandalam Municipality, within two months, after hearing concerned authorities.

What did the court decide?

Direction to the 1st respondent to consider pending representations of petitioners and pass appropriate orders within two months after hearing all concerned.

P.D.Sanjeevkumar Vs 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 MRS. JUSTICE ANU SIVARAMAN

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WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942

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WP(C).No.877 OF 2021(H)

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PETITIONER/S:

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1 P.D.SANJEEVKUMAR AGED 56 YEARS

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S/O. C.P.DAVID, KAVINTE KIZHAKKETHIL, MANGARAM, PANDALAM, ADOOR TALUK, PATHANAMTHITTA DISTRICT.

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2 M.K.ASOKAN, AGED 59 YEARS S/O. KOCHUCHERUKKEN, ASOKA BHAVANAM, PUTHUPALLIKUNNATH MURI, NOORANADU VILLAGE, CHARUMOODU P.O., MAVELIKKARA TALUK, PATHANAMTHITTA DISTRICT.

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BY ADV. SRI.C.B.SREEKUMAR

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM DISTRICT, PIN-695001.

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2 THE DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM, PIN-695001.

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3 PANDALAM MUNICIPALITY, PANDALAM P.O., PATHANAMTHITTA DISTRICT, PIN-689501, REPRESENTED BY ITS SECRETARY.

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4 THE MUNICIPAL COUNCIL, PANDALAM P.O., PATHANAMTHITTA DISTRICT, PIN-689501, REPRESENTED BY ITS CHAIRPERSON.

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OTHER PRESENT:

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GP BIJOY CHANDRAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.877 OF 2021(H)

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JUDGMENT

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Dated this the 13th day of January 2021

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This writ petition is filed seeking the following prayers:

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“i) issue a writ of mandamus or other appropriate writ, order or direction directing the 1^st respondent to consider and dispose Ext.P4 and P5 request of the petitioners and Ext.P6 request of the 4^th respondent within a time frame prescribed by this Hon'ble Court;.

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Heard the learned counsel for the petitioner and the learned Government Pleader.

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In the light of the directions being issued, notice to respondents 3 and 4 is dispensed with for the time being. Petitioners contend that they have been in the service of the 3 rd respondent Municipality for long years and that the Municipality has resolved to request the Government for sanction for regularisation of their services by Ext.P6 resolution. It is submitted that Exts.P4 and P5 representations made by the petitioners in this behalf are also pending before the Government. Learned Counsel for the petitioner further submits that Ext.P3 Government Order has been

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WP(C).No.877 OF 2021(H)

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issued on 15.10.2020 directing the regularisation of persons like the petitioners, but the petitioners have not been granted the benefit of the same.

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In that view of the matter, there will be a direction to the 1 st respondent to consider Exts.P4 and P5 representations preferred by the petitioners, taking note of Ext.P6 as well. Appropriate orders shall be passed on Ext.P4 and P5, after hearing the petitioner as well as respondents 3 and 4, through any appropriate means including video conferencing, 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

Jm/

WP(C).No.877 OF 2021(H)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY CERTIFICATE ISSUED BY THE SECRETARY OF THE PANDALAM GRAMA PANCHAYAT TO THE 1ST PETITIONER DATED 5.9.2009. EXHIBIT P2 TRUE COPY CERTIFICATE ISSUED BY THE SECRETARY OF THE PANDALAM GRAMA PANCHAYAT TO THE 2ND PETITIONER DATED 24.5.2010. EXHIBIT P3 TRUE COPY OF G.O.NO.155/2020 LSGD ISSUED BY THE PRINCIPAL SECRETARY TO THE LOCAL SELF GOVERNMENT DATED 15.10.2020. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER TO THE 1ST RESPONDENT DATED 19.10.2020. EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER TO THE 1ST RESPONDENT DATED 19.10.2020. EXHIBIT P6 TRUE COPY OF THE RESOLUTION OF THE 4TH RESPONDENT DATED 2.11.2020.

P.D.Sanjeevkumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

P.D.Sanjeevkumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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