Partly allowed

V.S. Saji v. State of Kerala

Kerala HC18 Jan 2023WP(C)/1576/2023

Case brief

AI extract

What is this about?

High Court directed the Government to dispose of a representation by the Kerala Housing Federation Employees Union without relying on a subsequent conflicting order. Recovery actions against petitioners were deferred pending this process.

What did the court decide?

Direction to 1st respondent to dispose of Ext.P2 representation, dehors Ext.P3, without recovery actions against petitioners.

V.S. Saji Vs State of Kerala — Service and Employment | 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 MR. JUSTICE DEVAN RAMACHANDRAN

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WEDNESDAY, THE 18^TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944

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WP(C) NO. 1576 OF 2023

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PETITIONERS:

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1 V.S. SAJI, AGED 57 YEARS, REGIONAL MANAGER, KERALA STATE CO-OPERATIVE HOUSING FEDERATION LTD. HOUSEFED REGIONAL OFFICE, KALOOR, KOCHI – 682017.

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2 SAJI K YOHANNAN, AGED 46 YEARS, JUNIOR INSPECTOR, KERALA STATE CO-OPERATIVE HOUSING FEDERATION LTD. HOUSEFED HEAD OFFICE, KALOOR, KOCHI – 682017.

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3 P.K.JAYASREE, AGED 56 YEARS, DEPUTY GENERAL MANAGER, KERALA STATE CO-OPERATIVE HOUSING FEDERATION LTD. HOUSEFED HEAD OFFICE, KALOOR, KOCHI – 682017.

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4 P. PADMINI, AGED 56 YEARS, DEPUTY GENERAL MANAGER, KERALA STATE CO-OPERATIVE HOUSING FEDERATION LTD. HOUSEFED HEAD OFFICE, KALOOR, KOCHI – 682017.

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5 JAYASREE GOPINATH, AGED 57 YEARS, SENIOR INSPECTOR, KERALA STATE CO-OPERATIVE HOUSING FEDERATION LTD. HOUSEFED REGIONAL OFFICE, KOZHIKODE – 673010.

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6 P.T. BEENA, AGED 50 YEARS, DESPATCH ASSISTANT, KERALA STATE CO-OPERATIVE HOUSING FEDERATION LTD. HOUSEFED REGIONAL OFFICE, KOZHIKODE – 673010.

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7 T.V. RAVICHANDRAN, AGED 51 YEARS, SENIOR INSPECTOR, KERALA STATE CO-OPERATIVE HOUSING FEDERATION LTD. HOUSEFED HEAD OFFICE, KALOOR, KOCHI – 682017.

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8 JALEEL HASKER, AGED 53 YEARS, DESPATCH ASSISTANT, KERALA STATE CO-OPERATIVE HOUSING FEDERATION LTD. HOUSEFED REGIONAL OFFICE, KALOOR, KOCHI – 682017.

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9 VASANTHAN U, AGED 56 YEARS, PART TIME CONTIGENT, KERALA STATE CO-OPERATIVE HOUSING FEDERATION LTD. HOUSEFED REGIONAL OFFICE, KOZHIKODE – 673010.

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10 JAYASREE N.L., AGED 44 YEARS, PART TIME CONTIGENT, KERALA STATE CO-OPERATIVE HOUSING FEDERATION LTD. HOUSEFED REGIONAL OFFICE, KALOOR, KOCHI – 682017.

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WP(C) NO. 1576 OF 2023

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11 T. OMANAKKUTTY AMMA, AGED 66 YEARS, PART TIME CONTIGENT, KERALA STATE CO-OPERATIVE HOUSING FEDERATION LTD., HOUSEFED REGIONAL OFFICE, THIRUVANANTHAPURAM, PIN – 695004.

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12 MARINA SIMON, AGED 59 YEARS, 50/229B, AREEKKAL HOUSE, PRASANTH NAGAR, EDAPPILLY, KOCHI – 682024.

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13 K. AJITHKUMAR, AGED 60 YEARS, KELAMANGALATH MADOM, ILLATHUPARAMBU ROAD, AIMS, PONEKKARA P.O. KOCHI – 682041.

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14 A.G. PRATHIBHA, AGED 59 YEARS, SARANGI UR26, UPPALAM ROAD, G.P.O. THIRUVANANTHAPURAM – 695001.

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15 R. MADHU, AGED 61 YEARS, CHILANKA, 35/1835, PONEKKARA, AIMS P.O. KOCHI-682041.

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16 CEENA G, AGED 62 YEARS, NEELIMATHARA HOUSE, KAITHANAM P.O. ERNAKULAM – 683519.

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17 SHEELA KURUVILA, AGED 62 YEARS, MOOZHIKKAL HOUSE, COCHIN UNIVERSITY P.O. KOCHI – 682022.

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18 K.B. GANGAMANY, AGED 63 YEARS, KAILASAM, KADAKKARAPPALLY P.O., CHERTHALA, ALAPPUZHA DISTRICT – 688543.

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19 D. VALSALA, AGED 62 YEARS, KOCHERIL HOUSE, AYYAMPILLY P.O. ERNAKULAM – 682501.

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20 C.N. UNNIKRISHNAN, AGED 61 YEARS, SOUPARNIKA, MULANTHURUTHY P.O., ERNAKULAM – 682314.

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21 K.K. SURESH, AGED 63 YEARS, KARACHUVATTIL HOUSE, EDAPPALLY NORTH P.O. ERNAKULAM- 682024.

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WP(C) NO. 1576 OF 2023

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22 VALSALA. G, AGED 64 YEARS, NAVAMI, VARANAD P.O, CHERTHALA, ALAPPUZHA DISTRICT – 688539.

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23 SAKERA P. PAUL, AGED 63 YEARS, PALLICKAL HOUSE, NAZARETH LANE, NN314, ANGAMALI P.O. 683572.

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24 E.J. VINCENT, AGED 60 YEARS, EDAKALATHUR HOUSE, AMALA ARCAD, PERAMANGALAM, THRISSUR – 680545.

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25 K.M. DEVARAJAN, AGED 58 YEARS, KALLORVELIYIL HOUSE, UDAYAMPEROOR P.O., ERNAKULAM – 682307.

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26 R. GANGADHARAN, AGED 62 YEARS, GOKULAM NIVAS, KAYYAPPILLY LANE, ELAMAKKARA P.O., ERNAKULAM – 682026.

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27 SANTHAKUMARI, AGED 63 YEARS, VELLUTHARAYIL HOUSE, AROOKKUTTY P.O., CHERTHALA, ALAPPUZHA DISTRICT – 688532.

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28 V.A. JOY, AGED 64 YEARS, VATHIKULAM HOUSE, VELAMANGALAM, THURAVOOR P.O., ALAPPUZHA – 688532.

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29 T.J. XAVIER, AGED 64 YEARS, THOTTUMPURAM HOUSE, CHAMPAKKARA, POONITHURA P.O., ERNAKULAM – 682038.

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30 THOMASKUTTY JOSEPH, AGED 65 YEARS, ULLAHAYIL HOUSE, CHANGAMPUZH ROAD, KOCHI, PIN – 682021.

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31 K.M. HARIDAS, AGED 63 YEARS, HARISREE, KUZHIKALADANKANDY, PAROPPADY, MERIKKUNNU P.O. KOZHIKODE – 673012.

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WP(C) NO. 1576 OF 2023

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32 P. NARAYANAN, AGED 63 YEARS, PULLIKKUTH HOUSE, PALACE ROAD, NILAMBUR, MALAPPURAM DISTRICT – 679329.

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33 K.A. ABDUL JABBAR, AGED 60 YEARS, KIZHAKKEVEETIIL, EDAVANAKKAD P.O., ERNAKULAM, 682502.

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34 M.B. REMA, AGED 61 YEARS, KATTOOR HOUSE, NAYARAMBALAM, KOCHI, PIN – 682509.

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35 URMILA DEVI, AGED 60 YEARS, VAISHNAVAM, TC 29/641(2),PETTAH P.O., THIRUVANANTHAPURAM – 695024.

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36 C. SREEKUMARI, AGED 61 YEARS, TC 16/1025(3), VS NIVAS, CS ROAD, JAGATAHY, THIRUVANANTHAPURAM – 695141.

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37 V. MURALEEDHARAN, AGED 60 YEARS, AMBADI, KEDAVITHUVILA, PALACHIRA, VARKALA, THIRUVANANTHAPURAM – 695014.

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38 T. UNNIKRISHNAN, AGED 65 YEARS, VISHNU NIVAS, MUNDAKKAL, MURUKKUMPUZHA P.O., THIRUVANANTHAPURAM – 695302.

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39 R.P. SUDHAKARAN NAIR, AGED 60 YEARS TC 16/1544(3),GEETHAVIHAR, JAGATHI, THIRUVANANTHAPURAM – 695014.

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40 T. GIREESH KUMAR, AGED 61 YEARS, PALAZHI, THRIKKANDIYOOR P.O., TIRUR, MALAPPURAM – 676004.

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41 C.K.VASUDEVAN, AGED 60 YEARS, KALARICKAL HOUSE, CHENGOTTUR P.O., KOTTAKKAL, MALAPPURAM – 676503.

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WP(C) NO. 1576 OF 2023

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42 K.S. RAMACHANDRAN PILLAI, AGED 64 YEARS, SUDARSANAM, PURAPPUZHA P.O., IDUKKI DISTRICT – 686583.

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43 SARASWATHI M.J., AGED 60 YEARS, VELLAYANILLLOM, PURANATTUKARA P.O., TRICHUR DISTRICT – 680551.

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44 RAJALAKSHMI, AGED 60 YEARS, SARADA MANDIR, ELOOR SOUTH, UDYOGAMANDAL P.O., ERNAKULAM – 683501.

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45 JESSAMMA MATHEW, AGED 63 YEARS, VADAKKENATHU HOUSE, PALLITHAZHAM, MULANTHURUTHY P.O., ERNAKULAM – 682314.

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46 AREENA P, AGED 37 YEARS, SENIOR CLERK, KERALA STATE CO-OPERATIVE HOUSING FEDERATION LTD., HOUSEFED HEAD OFFICE, KALOOR, KOCHI – 682017.

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47 RESHMI K.G., AGED 31 YEARS, SENIOR CLERK, KERALA STATE CO-OPERATIVE HOUSING FEDERATION LTD., HOUSEFED HEAD OFFICE, KALOOR, KOCHI – 682017.

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48 ANEESH M, AGED 43 YEARS, SENIOR CLERK, KERALA STATE CO-OPERATIVE HOUSING FEDERATION LTD. HOUSEFED REGIONAL OFFICE, KOZHIKODE – 673010.

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49 SARITHA P, AGED 47 YEARS, SENIOR CLERK, KERALA STATE CO-OPERATIVE HOUSING FEDERATION LTD. HOUSEFED REGIONAL OFFICE, THIRUVANANTHAPURAM – 695002.

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50 JENY BLUTARK, AGED 46 YEARS, SENIOR CLERK, KERALA STATE CO-OPERATIVE HOUSING FEDERATION LTD. HOUSEFED REGIONAL OFFICE, THIRUVANANTHAPURAM, PIN – 695002.

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WP(C) NO. 1576 OF 2023

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BY ADVS.V.RAJENDRAN M.S.MOHAMMED ANSARY SOHAIL MOHAMMED ANSARY AMEENA.R

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, CO-OPERATIVE (B) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.

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2 REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THYCAUD, THIRUVANANTHAPURAM – 695014.

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3 KERALA STATE CO-OPERATIVE HOUSING FEDERATION LTD., REPRESENTED BY ITS MANAGING DIRECTOR, HEAD OFFICE, HOUSEFED, KALOOR, KOCHI, PIN – 682017.

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SRI.JOSHY THANNICKKAMATTAM -GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 1576 OF 2023

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JUDGMENT

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Even though there are various assertions,

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allegations and averments made and urged in this

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writ petition, when this matter was called today, Sri.V.Rajendran – learned counsel for the petitioners, confined his plea that 1^st

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respondent be directed to take up and dispose of Ext.P2, dehors Ext.P3, after hearing the 1^st petitioner, asserting that the latter order has

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been issued without even considering his

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clients' plea, as mentioned in the former representation.

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The learned Government Pleader –

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Sri.Joshy Thannickamattam, in response,

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submitted that, if the petitioners only require Ext.P2 to be taken up and disposed of by the 1^st

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respondent, there does not appear to be any

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WP(C) NO. 1576 OF 2023

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legal impediment in doing so; however, praying that this Court may not make any affirmative declarations in their favour in this judgment and leave it to the said Authority to take an apposite decision, as per law.

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Resultantly, I order this writ petition and direct the 1^st respondent to take up Ext.P2 representation of the 'Kerala Housing Federation Employees Union' and dispose it of, dehors Ext.P3, after affording the 1^st petitioner, as also the 3^rd respondent, an opportunity of being heard; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than four months from the date of receipt of a copy of this judgment.

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Needless to say, until such time as the afore exercise is completed and the resultant order communicated to the petitioners, all

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WP(C) NO. 1576 OF 2023

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action for recovery against them pursuant to

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Ext.P1 will stand deferred.

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Sd/DEVAN RAMACHANDRAN JUDGE

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akv

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WP(C) NO. 1576 OF 2023

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APPENDIX OF WP(C) 1576/2023

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PETITIONER EXHIBITS

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EXHIBIT -P1 TRUE COPY OF THE GO(MS)18/2021/CO-OP. DATED 18-08-2021 EXHIBIT -P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE KERALA HOUSING FEDERATION EMPLOYEES BEFORE THE GOVERNMENT DATED 25-10-2021 EXHIBIT -P3 TRUE COPY OF THE GO(MS)NO.25/2022/COOP. DATED 14-09-2022 EXHIBIT -P4 TRUE COPY OF THE REPORT SUBMITTED BY 2ND RESPONDENT BEFORE THE GOVERNMENT DATED 27-05-2022

V.S. Saji v. State of Kerala

Case brief

What is this about?

What did the court decide?

V.S. Saji v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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