Disposed

Radhakrishnan T B v. the State of Kerala

Kerala HC4 Nov 2022WP(C)/7150/2022

Case brief

AI extract

What is this about?

The petitioner sought quashing of an order rejecting pay scale benefits and interim direction to reconsider his representation. The Court directed the 1st respondent to process the representation expeditively with an opportunity of hearing to the petitioner and other respondents within two months.

What did the court decide?

Direction to the 1st respondent to consider Ext.P5 representation within two months after affording petitioner an opportunity of hearing; copies of judgment to be produced to respondents.

Radhakrishnan T B Vs the State of Kerala — Pension and Retirement Benefits | Kerala HC (2022)

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WP(C) NO. 7150 OF 2022

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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FRIDAY, THE 4^TH DAY OF NOVEMBER 2022 / 13TH KARTHIKA, 1944

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WP(C) NO. 7150 OF 2022

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PETITIONER:

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RADHAKRISHNAN T B AGED 43 YEARS SON OF T.K.BHASKARAN, CLERK, SREE NARAYANA HIGHER SECONDARY SCHOOL, OKKAL, P.O.OKKAL, KOTHAMANGALAM, ERNAKULAM DISTRICT-680 530 (RESIDING AT THARANILATH, OKKAL, POMMATTAM-683 550, ERNAKULAM DISTRICT)

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BY ADVS. V.A.MUHAMMED M.SAJJAD

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM-695 001

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2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695 014

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3 THE DISTRICT EDUCATIONAL OFFICER, KOTHAMANGALAM, ERNAKULAM DISTRICT-686 691

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4 THE MANAGER, SREE NARAYANA HIGHER SECONDARY SCHOOL, OKKAL, P.O.OKKAL, KOTHAMANGALAM, ERNAKULAM DISTRICT-680 530

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WP(C) NO. 7150 OF 2022

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5 THE PRINCIPAL, SREE NARAYANA HIGHER SECONDARY SCHOOL, OKKAL, P.O.OKKAL, KOTHAMANGALAM, ERNAKULAM DISTRICT-680 530

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SMT SAROJINI, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.11.2022, THE COURT ON THE SAME DAY DELIVERED THE

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FOLLOWING:

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WP(C) NO. 7150 OF 2022

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JUDGMENT

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This writ petition is filed seeking to quash Ext.P3 to the extent that the grade benefits in the scale of pay assigned to the post of UD Clerk to the petitioner were rejected.

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Sri.M.Sajjad, the learned counsel appearing for the petitioner, submits that raising his contentions, the petitioner has preferred Ext.P5 representation before the 1st respondent and requests that direction be issued to the 1st respondent to consider the same and take a decision expeditiously.

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The learned Government Pleader submits that the request made by the petitioner is pending before the Adalat. It is submitted that there is no impediment in considering the writ petition.

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After having carefully evaluated the contentions raised in this writ petition, the submissions made across the Bar, and the facts and circumstances, I am of the view that this writ petition can be disposed of by issuing the following directions:

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a) There will be a direction to the 1st respondent to take up,

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consider and pass appropriate orders on Ext.P5 representation

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WP(C) NO. 7150 OF 2022

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after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or his authorized representative and the respondents 4 and 5.

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b) Orders, as directed above, shall be passed expeditiously, in any event, within two months from the date of production of a copy of this judgment.

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c) It would be open to the petitioner to produce a copy of the writ petition along with the judgment before the concerned respondent for further action.

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This writ petition is disposed of.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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IAP

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WP(C) NO. 7150 OF 2022

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APPENDIX OF WP(C) 7150/2022

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PETITIONER'S EXHIBITS:

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Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 19.06.2000 Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 16.07.2007 Exhibit P3 TRUE COPY OF THE GO (MS) NO.16/10/G.EDN DATED 18.01.2010 OF THE GOVERNMENT Exhibit P4 TRUE COPY OF THE JUDGMENT IN WA NO.2032/2018 DATED 12.03.2019 Exhibit P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE GOVERNMENT DATED 12.01.2022 (WITHOUT EXHIBITS) RESPONDENTS' EXHIBITS:

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NIL

Radhakrishnan T B v. the State of Kerala

Case brief

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Radhakrishnan T B v. the State of Kerala

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