Disposed

Shiji Anilkumar v. State of Kerala

Kerala HC1 Sept 2022WP(C)/13633/2022

Case brief

AI extract

What is this about?

The High Court directed the 3rd respondent (Thrishur District Library Council) to consider the petitioner's representation for reinstatement and pass appropriate orders within two months after hearing both the petitioner and the 5th respondent, avoiding a decision on merits.

What did the court decide?

Direction to the 3rd respondent to consider the petitioner's representation and pass appropriate orders within two months after hearing the petitioner and the 5th respondent.

Shiji Anilkumar Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2022)

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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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THURSDAY, THE 1^ST DAY OF SEPTEMBER 2022 / 10 TH BHADRA, 1944

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WP(C) NO. 13633 OF 2022

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PETITIONER:

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SHIJI ANILKUMAR AGED 53 YEARS W/O.ANIL KUMAR.K.C, KANDAMPILLY HOUSE, PELAKKAT PAYYOOR, KOONAMMOOCHY.P.O, THRISSUR, KERALA-680504. BY ADVS. V.A.HARITHA GAYATHRI MURALEEDHARAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY,HIGHER EDUCATION DEPARTMENT, THIRUVANANTHAPURAM, KERALA-695001. 2 KERALA STATE LIBRARY COUNCIL, REPRESENTED BY ITS SECRETARY, PALAYAM, VIKAS BHAVAN.P.O,NANDAVANAM ROAD, THIRUVANANTHAPURAM,KERALA-695033. 3 THRISSUR DISTRICT LIBRARY COUNCIL, REPRESENTED BY ITS SECRETARY, THRISSUR DISTRICT LIBRARY COUNCIL OFFICE, KOKKALA, VELIYANNUR, THRISSUR, KERALA-680021. 4 THALAPPILLY TALUK LIBRARY COUNCIL, REPRESENTED BY ITS SECRETARY, THALAPPILY GOVT.L.P.SCHOOL(BOYS), VADAKKANCHERI.P.O, THRISSUR-680582. 5 GRAMEENA VAYANA SHALA, REG.NO.4851, REPRESENTED BY ITS SECRETARY, PELAKKAT PAYYOOR, KOONAMMOOCHI.P.O, THRISSUR, KERALA-680504. BY ADV.A.ARUNKUMAR BY SRI.RAJEEV, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.13633 OF 2022

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JUDGMENT Dated this the 1^st day of September, 2022

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This writ petition is filed seeking the following

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reliefs:

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“i) issue a writ of mandamus or other appropriate writ direction or order directing the 5^th Respondent to reinstate the Petitioner with the back wages and allowances.

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ii. to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, direction or order quashing and setting aside the impugned oral termination of the petitioner w.e.f. 10.10.2021 as illegal.

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iii. issue a writ of certiorari or any other appropriate writ quashing the Exhibit P8 representation and to call for the records led to the Exhibit P8 representation.”

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Heard the learned counsel for the petitioner, the learned Government Pleader as well as the learned counsel appearing for the 2^nd respondent. Inspite of issuance of notice in the writ petition and due service of the same, there is no appearance for respondents 3 to 5.

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Learned counsel for the petitioner submits that

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WP(C).No.13633 OF 2022

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the petitioner's service as Librarian has been dispensed with by the 5^th respondent. The petitioner has approached the 3^rd respondent with Exhibit P5 representation and seeks a consideration of the same.

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Having heard the learned counsel for the petitioner and without expressing any view on the merits of the matter, there will be a direction to the 3^rd respondent to take up Exhibit P5 representation preferred by the petitioner and to consider and pass appropriate orders on the same. The petitioner shall produce a copy of this writ petition along with a copy of the judgment before the 3^rd respondent. Appropriate orders shall be passed after hearing the petitioner as well as the 5^th respondent and after adverting to factual and legal aspects of the matter within a period of two months from the date of receipt of a copy of this judgment.

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Sd/ANU SIVARAMAN JUDGE

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SSK/01/09

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WP(C).No.13633 OF 2022

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PETITIO	NER EXH	APPENDIX IBITS
Exhibit	P1	THE TRUE COPY OF THE IDENTITY CARD ISSUED BY THE 3RD RESPONDENT COUNCIL IN THE NAME OF PETITIONER DATED NIL
Exhibit	P2	THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE 2ND RESPONDENT COUNCIL IN THE NAME OF PETITIONER DATED NIL.
Exhibit	P3	THE TRUE COPY OF THE CHEQUE LEAF
		ISSUED BY THE RESPONDENT LIBRARY COUNCIL TOWARDS THE ALLOWANCE TO BE
		PAID TO THE PETITIONER AS LIBRARIAN DATED NIL
Exhibit	P4	THE TRUE COPY OF THE COVID-19 TEST RESULTS ISSUED BY A LABORATORY RECOGNIZED BY ICMR DATED 08.10.2021
Exhibit	P5	TRUE COPY OF THE REPRESENTATION MADE TO THE 3RD RESPONDENT COUNCIL DATED 23.11.2021
Exhibit	P6	THE TRUE COPY OF THE REPRESENTATION MADE TO THE 4TH RESPONDENT COUNCIL DATED 23.11.21.
Exhibit	P7	THE TRUE COPY OF THE RECEIPT ISSUED FROM KUNNAMKULAM POLICE STATION DATED 25.11.2021
Exhibit	P8	THE TRUE COPY OF THE REPRESENTATION MADE TO TALUK NIYAMA SAHAYA KENDRA, CHAVAKKADU DATED 15.12.2021
Exhibit	P9	THE TRUE COPY OF THE LETTER ISSUED BY THE SECRETARY,CHOONDAL GRAMA PANCHAYAT DATED 27.01.2022
Exhibit	P10	TRUE COPY OF THE TERMINATION LETTER DATED 06.01.2020 ISSUED BY THE 5TH
		RESPONDENT TO THE HUSBAND OF THE PETITIONER.

Shiji Anilkumar v. State of Kerala

Case brief

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Shiji Anilkumar v. State of Kerala

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