Allowed

The Director, Sree Chitra Tirunal Institute for Medical Sciences and Technology, Thiruvananthapura v. All India Differently Abled Federation (Kerala State Committee)

Kerala HC27 Mar 2023RP/314/2023

Case brief

AI extract

What is this about?

The Court allowed the review petition to correct a procedural error in a previous judgment where the monitoring of implementation for a central institution was incorrectly entrusted to the State Directorate. Only the Commissioner for Persons with Disabilities was directed to monitor.

What did the court decide?

Deleted the sentence directing the Directorate of Social Justice, Thiruvananthapuram to monitor implementation and substituted it with a direction to the Commissioner for Persons with Disabilities at

The Director, Sree Chitra Tirunal Institute… — Pension and Retirement Benefits | Kerala HC (2023)

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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 MURALI PURUSHOTHAMAN

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MONDAY, THE 27TH DAY OF MARCH 2023 / 6TH CHAITHRA, 1945

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RP NO. 314 OF 2023

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AGAINST THE JUDGMENT IN WP(C) 13950/2022 OF HIGH COURT OF KERALA REVIEW PETITIONER/RESPONDENT NO.2 IN WPC NO.13950/2022:

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THE DIRECTOR, SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL
SCIENCES AND TECHNOLOGY, THIRUVANANTHAPURAM,
KERALA, PIN – 695 011.

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BY ADV SAJITH KUMAR V.

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RESPONDENTS/PETITIONER, RESPONDENTS 1 AND 3 IN WPC NO.13950/2022:

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1 ALL INDIA DIFFERENTLY ABLED FEDERATION (KERALA STATE COMMITTEE)

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C/O. KGO OFFICE, TC 26/590, OOTUKUZHI,
THIRUVANANTHAPURAM - 695 001, REPRESENTED BY ITS
PRESIDENT, KG SAJAN, AGED 67 YEARS, S/O. N. GANGADARAN,
RESIDING AT THAMARABHAGAM, TRA 62, MEDICAL COLLEGE P.O,
THIRUVANANTHAPURAM, PIN – 695 011.

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2 DIRECTORATE OF SOCIAL JUSTICE, REPRESENTED BY DIRECTOR, VIKAS BHAVAN, PMG 5TH FLOOR, THIRUVANANTHAPURAM, KERALA, PIN – 695 033.

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3 COMMISSIONER FOR PERSONS WITH DISABILITIES, MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT, GOVERNMENT OF INDIA, NEW DELHI, PIN – 110 075.

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BY ADV SANDHYA RAJU
K P HARISH SR GP

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
27.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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R.P.314/23 in W.P.(C)13950/22

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ORDER

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Dated this the 27^th day of March, 2023

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S.Manikumar, C.J.

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Seeking review of the judgment in W.P.(C)No.13950 of 2022 dated 07.02.2023, instant review petition is filed.

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At the outset, Mr.V. Sajith Kumar, learned counsel for

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the review petitioner submitted that Sree Chitra Tirunal Institute for Medial Sciences and Technology would implement the directions of this court made in the judgment in W.P.(C)No.13950 of 2022 dated 07.02.2023, in letter and spirit.

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However, he submitted that inasmuch as the review petitioner being a central institution, functions, performance and implementation of the directions, can be monitored only by the Ministry of Social Justice and Empowerment, Government of India, New Delhi and that the Directorate of Social Justice, Thiruvananthapuram has no authority to do so.

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Hence, he submitted that the limited review is only to clarify or rectify the error apparent.

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R.P.314/23 in W.P.(C)13950/22

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Placing on record the submission of the learned

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counsel for the review petitioner and accepting the same, we deem it fit to delete the sentence in paragraph No.37 starting with “Directorate of Social Justice, represented by the Director, Thiruvananthapuram and the Commissioner for Persons with Disabilities, Ministry of Social Justice and Empowerment, Government of India, New Delhi, are directed to monitor and ensure effective implementation of the decision of this court in the instant writ petition” and substitute paragraph 37 thus:

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“37. In such a view of the matter, there shall be a direction to Sree Chitra Tirunal Institute for Medical Sciences and Technology, Thiruvananthapuram, respondent No.2, to fill up the posts in conformity with the statutory provisions. Commissioner for Persons with Disabilities, Ministry of Social Justice and Empowerment, Government of India, New Delhi, is directed to monitor and ensure effective implementation of the decision of this court in the instant writ petition.”

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R.P.314/23 in W.P.(C)13950/22

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Error apparent is corrected. Registry is directed to issue

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a fresh judgment.

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Review petition is allowed as above.

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Pending interlocutory applications, if any, shall stand

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closed.

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Sd/-

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S.Manikumar Chief Justice

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Sd/- Murali Purushothaman Judge

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vpv

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//true copy//

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P.A. to Judge

The Director, Sree Chitra Tirunal Institute for Medical Sciences and Technology, Thiruvananthapura v. All India Differently Abled Federation (Kerala State Committee)

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The Director, Sree Chitra Tirunal Institute for Medical Sciences and Technology, Thiruvananthapura v. All India Differently Abled Federation (Kerala State Committee)

Case brief

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