Partly allowed

B. Prasad, v. State of Kerala

Kerala HC27 Oct 2022WP(C)/4334/2019

Case brief

AI extract

What is this about?

The High Court directed the respondents to consider the petitioner's representations regarding monetary benefits and regularization of suspension period within two months, after hearing and following appropriate orders.

What did the court decide?

Direction to respondents 2 and 3 to take up, consider and pass appropriate orders on petitioner's representations after affording opportunity of hearing to be passed within two months.

B. Prasad, Vs State of Kerala — Service and Employment | 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 27^TH DAY OF OCTOBER 2022 / 5TH KARTHIKA, 1944

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WP(C) NO. 4334 OF 2019

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PETITIONER:

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B. PRASAD, AGED 49 YEARS ASSISTANT DIRECTOR, KERALA STATE INSTITUTE OF CHILDREN'S LITERATURE, SANSKRIT COLLEGE CAMPUS, PALAYAM, THIRUVANANTHAPURAM-695034. BY ADVS. SRI.K.JAJU BABU (SR.) SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF CULTURAL AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 KERALA STATE INSTITUTE OF CHILDREN'S LITERATURE, SANSKRIT COLLEGE CAMPUS, PALAYAM, THIRUVANANTHAPURAM695034, REPRESENTED BY ITS DIRECTOR. 3 THE DIRECTOR, KERALA STATE INSTITUTE OF CHILDREN'S LITERATURE,SANSKRIT COLLEGE CAMPUS, PALAYAM, THIRUVANANTHAPURAM-695034. BY ADV SRI.M.SASINDRAN, SC, KERALA STATE INSTITUTE OF CHILDRENS LITERATURE BY SRI.JIBY T.S., GOVERNMENT PLEADER

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RESPONDENT EXHIBITS

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No.4334 OF 2019

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JUDGMENT

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Dated this the 27^th day of October, 2022

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This writ petition is filed challenging Exhibit

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P24 order by which the post held by the petitioner was re-designated.

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It is submitted by the learned counsel for the petitioner that after filing of the writ petition, the petitioner has availed voluntary retirement and that the voluntary retirement of the petitioner has been accepted by Exhibit R2(a) proceedings dated 04.05.2022. It is submitted by the learned counsel for the petitioner that thereafter, Exhibits P32 to 34 requests have been made by the petitioner, before the respondents, seeking the release of the monetary benefits due to the petitioner as also seeking regularization of the period of suspension of the petitioner.

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Having heard the learned counsel on either

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W.P.(C)No.4334 OF 2019

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side and in view of the fact that all that remains for consideration is with regard to the payment of the amounts to the petitioner as well as the regularization of the period spent on suspension, there will be a direction to respondents 2 and 3 to take up, consider and pass appropriate orders on Exhibits P32 to 34 representations submitted by the petitioner after affording an opportunity of hearing to the petitioner. Appropriate orders shall be passed within a period of two months from the date of receipt of a copy of this judgment. The amount if any, found due shall also be released without further delay.

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Sd/ANU SIVARAMAN JUDGE

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SSK/26/10

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W.P.(C)No.4334 OF 2019

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APPENDIX

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PETITIONER'S EXHIBITS

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EXHIBIT P1	COPY OF THE MEMORANDUM OF ASSOCIATION OF
	THE INSTITUTE AND RULES APPROVED BY THE
	GOVERNMENT ON 27.5.1981
EXHIBIT P2	COPY OF THE RELEVANT EXTRACT OF THE AGENDA
	NOTE VIDE NO.19 AND RESOLUTION OF THE COUNCIL DATED 17.7.2013
EXHIBIT P2	TRUE COPY OF THE PROPOSAL VIDE NO.670/A/2013/CL DATED 7.10.2013 OF THE 2ND RESPONDENT
EXHIBIT P3	TRUE COPY OF THE GOVERNMENT ORDER GO(MS) NO.111/2014/CUL.D DATED 25.2.2014
EXHIBIT P4	TRUE COPY OF THE ORDER VIDE
	NO.83/A/2016/KSICL DATED 11.6.2014 OF THE 2ND RESPONDENT
EXHIBIT P5	TRUE COPY OF THE RELEVANT EXTRACT OF THE
	MEETING OF THE COUNCIL DATED 9.10.2014 GRANTING APPROVAL OF EXT.P4
EXHIBIT P6	TRUE COPY OF THE GOVERNMENT ORDER VIDE NO.6606/C1/14/CUL. DATED 3.12.2014
EXHIBIT P6	TRUE COPY OF THE PROCEEDINGS VIDE
	NO.764/2014/KSICL DATED 5.12.2014 OF THE 3RD RESPONDENT
EXHIBIT P6	TRUE COPY OF THE ORDER VIDE
	NO.83/A/2016/KSICL DATED 27.2.2016 OF THE DIRECTOR IN CHARGE OF THE INSTITUTE
EXHIBIT P7	TRUE COPY OF THE COVERING LETTER DATED 6.3.2017 AND THE RELEVANT EXTRACT OF THE
	RESOLUTION DATED 8.2.2017 OF MANAGING
	COMMITTEE KERALA STATE INSTITUTE OF CHILDREN'S LITERATURE
EXHIBIT P8	TRUE COPY OF THE DECISION VIDE AGENDA NO.1 DATED 28.3.2017 OF STANDING COMMITTEE OF THE 2ND RESPONDENT
EXHIBIT P9	TRUE COPY OF THE COUNTER AFFIDAVIT (EXCLUDING THE EXHIBITS) IN WPC.13531/2017 FILED BEFORE THIS HON'BLE COURT
EXHIBIT P10	TRUE COPY OF THE JUDGMENT DATED 13.3.2018 IN WPC.13531/2017 OF THIS HON'BLE COURT
EXHIBIT P11	TRUE COPY OF THE NOTICE NO.273/A/13/CL DATED 18.5.2018 ISSUED BY THE 3RD

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W.P.(C)No.4334 OF 2019

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	RESPONDENT
EXHIBIT P12	TRUE COPY OF THE HEARING NOTE DATED
	31.5.2018 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT
EXHIBIT P13	TRUE COPY OF THE COMMUNICATION BEARING NO.160/C1/18 DATED 22.11.2018 ISSUED FROM
	THE OFFICE OF THE CULTURAL (C) DEPARTMENT, THIRUVANNTHAPURAM
EXHIBIT P14	TRUE COPY OF THE MINUTES OF THE COUNCIL MEETING HELD ON 8.8.2018 FORWARDED ALONG WITH EXHIBIT P13
EXHIBIT P15	TRUE COPY OF THE ORDER NO.783/2018/KSICL DATED 3.12.2018 ISSUED BY THE 3RD RESPONDENT
EXHIBIT P16	TRUE COPY OF THE JUDGMENT DATED 14.12.2018 IN WPC.40493/2018 OF THIS HON'BLE COURT
EXHIBIT P17	COPY OF THE GOVERNMENT ORDER GO(RT) NO.663/2018/CUL. DATED 5.12.2018
EXHIBIT P18	TRUE COPY OF THE NOTICE VIDE NO.273/A/13/CL DATED 28.1.2016 ISSUED BY THE ADMINISTRATIVE OFFICER OF 2ND RESPONDENT
EXHIBIT P19	TRUE COPY OF THE REPORT DATED 16.7.2016 APPROVED BY THE ADDITIONAL SECRETARY, FINANCE DEPARTMENT
EXHIBIT P20	TRUE COPY OF THE REQUEST DATED 2.2.2019 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT
EXHIBIT P21	TRUE COPY OF THE REPLY VIDE NO.273/A/13/CL DATED 5.2.2019 ISSUED BY THE ADMINISTRATIVE OFFICER, OF THE 2ND RESPONDENT TO PETITIONER
EXHIBIT P22	COPY OF THE NOTICE VIDE NO.273/A/13/CL DATED 05.02.2019 OF THE 3RD RESPONDENT.
EXHIBIT P23	COPY OF THE RECORD OF HEARING DATED 15.02.2019 CONDUCTED IN THE PRESENCE OF 3RD RESPONDENT.
EXHIBIT P24	COPY OF THE ORDER VIDE NO.147/2019/KSICL DATED 23.02.2019 OF THE 3RD RESPONDENT.
EXHIBIT P25	COPY OF THE APPLICATION DATED 12.12.2018 SUBMITTED UNDER RIGHT TO INFORMATION ACT.
EXHIBIT P26	COPY OF THE REPLY VIDE NO.1146/A/18/CL DATED 07.01.2019 OBTAINED UNDER RIGHT TO INFORMATION ACT.
EXHIBIT P27	COPY OF THE GOVERNMENT ORDER GO(MS)No.22/2008/CAD DATED 25.09.2008.

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W.P.(C)No.4334 OF 2019

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EXHIBIT	P28	COPY OF THE GOVERNMENT O (MS)26/2008/CAD DATED 30.102	RDER V 008.	IDE NO.
Exhibit	P30	COPY OF THE PROC	EEDING	VIDE
		NO.552/2021/KSICL DATED 16. 3RD RESPONDENT.	12.2021	OF THE
Exhibit	P31	COPY OF THE ORDER NO.405/2 15.6.2022 PASSED BY THE 3RD	022/KSI RESPOND	CL DATED ENT.
Exhibit	P32	COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER RESPONDENT.	DATED 3 BEFORE	1.1.2022 THE 3RD
Exhibit	P33	COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER RESPONDENT.	DATED 1 BEFORE	1.5.2022 THE 2ND
Exhibit	P34	COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER RESPONDENT.	DATED 01 BEFORE	.06.2022 THE 1ST
RESPONDE	NT EXHIBITS
Exhibit	R2A	A TRUE COPY OF THE ORDER ACCEPTING THE VOLUNTARY RE WRIT PETITIONER.	DATED TIREMENT	4.5.2022 OF THE

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SSK //TRUE COPY// PA TO JUDGE

B. Prasad, v. State of Kerala

Case brief

What is this about?

What did the court decide?

B. Prasad, v. State of Kerala

Case brief

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