Allowed

C.S.Padmakumar v. State of Kerala

Kerala HC8 Apr 2024WP(C)/23495/2018

Case brief

AI extract

What is this about?

The High Court quashed an order cancelling the petitioner's post redesignation because it was passed without notice. The court directed the government to consider the petitioner's grievance regarding pay scale revision after restoring his entitlements.

What did the court decide?

Quashing of the order cancelling post redesignation; direction to 1st respondent to consider petitioner's representation and pass appropriate order within four months.

C.S.Padmakumar Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2024)

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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 EASWARAN S.

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MONDAY, THE 8TH DAY OF APRIL 2024 / 19TH CHAITHRA, 1946

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WP(C) NO. 23495 OF 2018

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PETITIONER:

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C.S.PADMAKUMAR
AGED 48 YEARS
PUBLIC RELATION OFFICER,
MALABAR CANCER CENTRE,KODIYERI, THALASSERY,
KANNUR DISTRICT-670103,RESIDING AT AKATHALAM,
PLAMOODU, POTHENCODE P.O.,THIRUVANANTHAPURAM-695584.

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BY ADVS.
SRI.PIRAPPANCODE V.S.SUDHIR
SRI.JELSON J.EDAMPADAM
SMT.A.MEGHA

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2THE DIRECTOR
MALABAR CANCER CENTRE, THALASSERY,
MOOZHIKKARA P.O., KANNUR DIST-670103.

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3 MALABAR CANCER CENTRE SOCIETY REPRESENTED BY ITS DIRECTOR, MALABAR CANCER CENTRE, THALASSERY, MOOZHIKKARA P.O., KANNUR DIST-670103.

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BY ADVS.
SRI.P.SREEKUMAR
C.R.SYAMKUMAR
K.ARJUN VENUGOPAL
V.A.HARITHA
SIDHARTH B PRASAD
R.NANDAGOPAL
GAYATHRI MURALEEDHARAN

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WP(C) NO. 23495 OF 2018 -2-

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BY ADV:

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SRI.BIMAL.K.NATH, SR.G.P.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) NO. 23495 OF 2018 -3-

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JUDGMENT

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The petitioner entered service as a Public Relation Officer on 01.02.2001 in Malabar Cancer Centre Society. His probation was declared on 31.01.2002. By order dated 30.03.2007 scale of pay of the Public Relation Officer was fixed. While continuing the post of Public Relation Officer, the Malabar Cancer Centre decided to re-designate the post of the petitioner as Administrative Officer (Clinical Services). So with effect from 01.12.2009 the petitioner claims that he has been holding the post of Administrative Officer (Clinical Services). While so the Government by order dated 02.04.2013 revised the pay and allowances of the employees of the Malabar Cancer Centre. Thereafter the petitioner alleges that by Ext.P12 order the Malabar Cancer Centre referred the case of the petitioner to the Government for re-designation of the post. By Ext.P13 Minutes of 66^th Executive Committee held on 01.08.2016,

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WP(C) NO. 23495 OF 2018 -4-

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decision was taken to forward the proposal of redesignation. Ext.P14 is the No Objection Certificate by the Malabar Cancer Centre. By Ext.P15 order dated 24.11.2016 the Government has approved the redesignation of the petitioner. It is however seen that by Ext.P18 order dated 24.11.2016 the said re-designation had been cancelled. Consequent to that in Ext.P19 Government Order dated 7.08.2019 there has been a revision of pay scales. The petitioner has by Ext.P20 representation submitted before the Government his grievances regarding re-designation, cancellation of redesignation of his post which was approved.

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In the present writ petition, the following reliefs as sought for:

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“i) Issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to the issuance of Ext.P19 and quash the same to the extent the post of Social Investigator/PRO, is not included therein, in the revised scale of

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WP(C) NO. 23495 OF 2018 -5-

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pay of Rs.15600-39100 (GP 5400).

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ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to grant the petitioner the scale of pay of Rs.1560039100 with again the proportionate Grade Pay, he is entitled, following his conferment of Public Relations Officer Gr.I and Public Relations Officer Senior Grade from the date of implementation of Ext.P19 order, with all consequential benefits.

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iii) Issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Ext.P13 minutes and Ext.P18 order and quash them.

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iv) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to redesignate the petitioner as Administrative Officer (Clinical Services) with effect from 1.12.2009 as if Ext.P13 minutes has not been acted upon and the consequent Ext.P18 order has not been issued.

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(v) Declare that Ext.P4 order dated 3.12.2009 re-designating the petitioner as Administrative Officer (Clinical Services)

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WP(C) NO. 23495 OF 2018 -6-

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is bound to be restored.

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And

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(vi) grant such other reliefs as this Hon’ble Court deems fit and proper in the circumstances of this case including the cost of this Writ Petition.”

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The fact remains that by Ext.P15 order the Government has accorded sanction for re-designation of the post which the petitioner was holding. It is however without notice to the petitioner that Ext.P18 order has been passed. Therefore, this Court clear in mind that Ext.P18 cannot be sustained and accordingly Ext.P18 is quashed. It is also the case of the petitioner that pursuant to Ext.P19 revision of pay scale issued by the Government the scale of pay has been fixed at a lower scale than what he was actually entitled to because of Ext.P18 order. In the aforesaid circumstances Ext.P18 is quashed. The first respondent is directed to take up Ext.20 representation and consider the same and pass appropriate orders in accordance with law after

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WP(C) NO. 23495 OF 2018 -7-

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affording an opportunity of hearing to the petitioner. The needful in this regard shall be done within a period of four months from the date of receipt of the copy of the judgment. The writ petition is allowed to the aforesaid extent.

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Sd/-

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EASWARAN S.
 JUDGE

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vv

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WP(C) NO. 23495 OF 2018 -8-

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APPENDIX OF WP(C) 23495/2018

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PETITIONER EXHIBITS

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`Exhibit P22`	`True` `copy` `of` `the` `G.O.`
	`(Rt)No.2848/2022/H and FWD dated` `01.12.2022`
`EXHIBIT P2`	`TRUE COPY OF THE PROCEEDINGS OF THE` `2ND` `RESPONDENT` `DATED` `4.4.2002`
	`DECLARING THE PROBATION OF THE` `PETITIONER.`
`EXHIBIT P3`	`TRUE COPY OF THE G.O(MS) NO.04/07/PD` `DATED 30.3.2007.`
`EXHIBIT P4`	`TRUE COPY OF THE PROCEEDINGS`
	`NO.032/09/MCC DATED 3.12.2009 OF THE` `2ND RESPONDENT.`
`EXHIBIT P5`	`TRUE` `COPY` `OF` `THE` `G.O(RT)` `NO.4683/2010/H & FWD DATED 29.11.2010.`
`EXHIBIT P6`	`TRUE` `COPY` `OF` `THE` `EXPERIENCE` `CERTIFICATE DATED 17.3.2012 ISSUED BY`
	`THE ADMINISTRATIVE OFFICER, MALABAR`
	`CANCER CENTRE IN FAVOUR OF THE` `PETITIONER.`
`EXHIBIT P7`	`TRUE COPY OF THE CERTIFICATE`
	`NO.2121/ADMN-1/11/MCC/2697` `DATED`
	`29.10.2012 ISSUED BY THE 2ND` `RESPONDENT.`
`EXHIBIT P8`	`TRUE` `COPY` `OF` `THE` `G.O(MS)` `NO.122/2013/G& FWD DATED 2.4.2013.`
`EXHIBIT P9`	`TRUE` `COPY` `OF` `THE` `LETTER`
	`NO.48127/P2/2013/H` `&` `FWD` `DATED`
	`1.11.2013 OF THE 1ST RESPONDENT.`

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WP(C) NO. 23495 OF 2018 -9-

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`EXHIBIT P10`	`TRUE` `COPY` `OF` `THE` `ATTENDANCE`
	`CERTIFICATE DATED 8.11.2013 ISSUED BY` `THE 1ST RESPONDENT.`
`EXHIBIT P11`	`TRUE COPY OF THE CERTIFICATE` `NO.007/ADMN-1/01/MCC/1018` `DATED` `1.4.2015 ISSUED BY THE 2ND RESPONDENT.`
`EXHIBIT P1`	`TRUE COPY OF THE LETTER NO.MCCS/PER/01` `DATED 19.2.2001 OF THE 2ND RESPONDENT.`
`EXHIBIT P13`	`TRUE COPY OF THE RELEVANT EXTRACT OF` `THE MINUTES OF THE EXECUTIVE COMMITTEE` `HELD ON 1.8.2016 WHEREBY AGAINST ITEM` `NO.22, THE COMMITTEE DECIDED TO` `FORWARD THE PROPOSAL OF RE-DESIGNATION`
	`OF THE PETITIONER TO ADMINISTRATIVE`
	`OFFICER` `(CLINICAL` `SERVICES)` `TO` `GOVERNMENT FOR DECISION.`
`EXHIBIT P14`	`TRUE COPY OF THE NO OBJECTION` `CERTIFICATE DATED 20.10.2016 ISSUED BY` `THE ADMINISTRATIVE COMMITTEE.`
`EXHIBIT P15`	`TRUE` `COPY` `OF` `THE` `G.O` `(P)` `NO.38/2016/HEALTH DATED 24.11.2016.`
`EXHIBIT P16`	`TRUE COPY OF THE LETTER NO.HEALTH-` `FW1/295/2016-HEALTH DATED 13.3.2017 OF` `THE ADDITIONAL CHIEF SECRETARY TO THE`
	`GOVERNMENT, HEALTH AND FAMILY WELFARE`
	`DEPARTMENT, ADDRESSED TO THE 2ND` `RESPONDENT.`
`EXHIBIT P17`	`TRUE COPY OF THE LETTER NO.4939/ADMN-` `E/RE-DESIGNATION` `/14/MCC` `DATED` `8.5.2017 OF THE 2ND RESPONDENT.`
`EXHIBIT P18`	`TRUE` `COPY` `OF` `THE` `G.O` `(P)` `NO.38/2016/HEALTH DATED 24.11.2016.`

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WP(C) NO. 23495 OF 2018 -10-

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EXHIBIT P19TRUE COPY OF THE G.O.(MS) NO.
126/2019/H@ FWD DATED 07.08.2019
EXHIBIT P20TRUE COPY OF THE REPRESENTATION DATED
01.10.2019 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT.

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EXHIBIT P21TRUECOPYOFTHEG.O.(RT)
NO.869/2012/H & FWD DATED 16.03.2012
EXHIBIT P21 ATRUE COPY OF THE RELEVANT EXTRACT OF
ANNEXURE 1 APPENDED ALONG WITH EXHIBIT
P21 ORDER CONTAININGTHE STATEMENT
SHOWINGTHEMODIFIEDFCP/LC
STAGESSANCTION TO THE STAFF OF
REGIONALCANCERCENTRE,
THIRUVANANTHAPURAM
EXHIBIT P12TRUE COPY OF THE LETTER NO.4939/ADMN-
E/RE-DESIGNATION/14/MCCDATED
28.9.2016 OF THE 2ND RESPONDENT.

C.S.Padmakumar v. State of Kerala

Case brief

What is this about?

What did the court decide?

C.S.Padmakumar v. State of Kerala

Case brief

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