Disposed

Gopi M v. State of Kerala

Kerala HC10 Jun 2024WP(C)/3629/2014

Case brief

AI extract

What is this about?

Two connected writ petitions: a judicial employee challenged disciplinary proceedings directing her before the appellate Medical Board for disability assessment; a disabled applicant sought termination of beneficiaries of reserved posts. The court disposed of both by directing the disciplinary authority to decide on the fresh Medical Board report with hearing, contentions left open.

What did the court decide?

Disability certificate forwarded to disciplinary authority to proceed on Ext.P3 with hearing to petitioner; petitioner free to challenge it; State directed to ensure no illegal appointment to reserved

Gopi M Vs State of Kerala — Service and Employment | 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 P.V.KUNHIKRISHNAN

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MONDAY, THE 10^TH DAY OF JUNE 2024 / 20TH JYAISHTA, 1946

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WP(C) NO. 25000 OF 2012

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PETITIONER:

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P.V.BHARATHY

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HEAD CLERK SUB COURT SULTHANBATHERY WAYANAD DISTRICT RESIDING AT PURAKKADY MEENANGADI P.O SULTHANBATHERI WAYANAD DISTRICT

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BY ADVS. SRI.S.SREEKUMAR (SR.) SRI.MANOJ RAMASWAMY

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RESPONDENTS:

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1 THE DISCIPLINARY AUTHORITY KALPETTA WAYANAD DISTRICT 673 101

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2 THE ENQUIRY OFFICER JUDGE MOTOR ACCIDENTS CLAIMS TRIBUNAL KALPETTA WAYANAD DISTRICT 673 001

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3 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT LAW DEPARTMENT SECRETARIAT THIRUVANANTHAPURAM 695 001

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4 THE REGISTRAR SUBORDINATE JUDICIARY HIGH COURT OF KERALA ERNAKULAM 682031

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*5 THE SUPERINTENDENT (CHAIRMAN, APPELLATE MEDICAL BOARD, KERALA) , MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM, PIN - 695 011. ADDL.R5 IS SUO MOTU IMPLEADED AS PER ORDER DATED 14/02/2024 IN WP(C) 25000/2012.

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BY ADVS. GOVERNMENT PLEADER SRI.ELVIN PETER P.J. SRI.K.R.GANESH SRI.T.G.SUNIL PRANAVAM

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OTHER PRESENT:

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SRI.V.K.SUNIL, SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.06.2024, ALONG WITH WP(C).3629/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P (C) Nos.25000 of 2012 & 3629 of 2014

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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 P.V.KUNHIKRISHNAN MONDAY, THE 10^TH DAY OF JUNE 2024 / 20TH JYAISHTA, 1946 WP(C) NO. 3629 OF 2014

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PETITIONER:

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GOPI M S/O. VELLI, EKKAMUNDA HOUSE, NALLOORNADU P.O., MANANTHAVADY, WAYANAD-670 645.

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BY ADV SRI.KALEESWARAM RAJ

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001.

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2 THE SECRETARY TO GOVERNMENT

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DEPARTMENT OF P & ARD, SECRETARIAT,

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THIRUVANANTHAPURAM-695 033.

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3 DISTRICT COLLECTOR

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WAYANAD-670 001.

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4 DISTRICT JUDGE

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WAYANAD-670 001.

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5 CHIEF ENGINEER HRM

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KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVAN, THIRUVANANTHAPURAM-695 001.

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6 BHARATHI

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PROCESS SERVER, DISTRICT COURT, KALPETTA-673 121.

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7 OMANA TYPIST, KSEB, PADINJARETHARA, WAYANAD-673 575.

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BY ADVS.

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SRI.M.K.THANKAPPAN, SC, KERALA STATE ELECTRICITY BOARD LIMIT SRI.MANOJ RAMASWAMY SRI.M.SASINDRAN

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SRI.V.K.SUNIL, SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.06.2024, ALONG WITH WP(C).25000/2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P (C) Nos.25000 of 2012 & 3629 of 2014

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P.V.KUNHIKRISHNAN

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- - - - - - - - - - - - - - - - - - - - -

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W.P (C) Nos.25000 of 2012 & 3629 of 2014

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- - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10^th day of June, 2024

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JUDGMENT

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These two writ petitions are connected and therefore, I

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am disposing of these two writ petitions by a common judgment.

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I narrates the facts in WP(C) No.25000/2012.

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This writ petition is filed with the following prayers:-

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“i) A writ of certiorari or other appropriate writ or order to call for the records leading to the issue of Exhibit P3 and set aside the same.

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ii. A writ of certiorari or other appropriate writ or order to call for the records leading to the issue of Exhibit P4 and Exhibit P6 and set aside the same.

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iii. A Writ of mandamus or other appropriate writ, order to direct the 1 st respondent to reconsider Exhibit P6 and pass appropriate orders on Exhibit P3 within a time frame and keep in abeyance all further proceedings pursuant to Exhibit P3 till then.

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iv. Any other further relief or order as this Hon'ble Court may deem fit and proper to meet the ends of justice.

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v. Award the cost of these proceedings.

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vi. Call for the records leading to the issue of Exhibit P1 and quash the same.".

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W.P (C) Nos.25000 of 2012 & 3629 of 2014

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3 . The petitioner, who was working as a Bench Clerk

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(Grade I) at Additional District and Sessions Court (Adhoc)-I, Kalpetta, was working as Head Clerk, Sub Court, Sulthan Bathery, Wayanad at the time of filing this writ petition. She was served with Ext.P1 memo of charge. The same was issued in connection with the allegation raised by the Handicapped Association before the Kerala Legislative Assembly Committee alleging that there is illegality in appointing persons under the handicapped section. Consequent to Ext.P1, the petitioner was directed to appear before the appellate Medical Board, Thiruvananthapuram for assessment of her disability. The petitioner is aggrieved by the same. Hence, this writ petition is filed.

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WP(C) No.3629/2014 is filed by a person, who is a physically handicapped with 40% disability. This writ petition is filed with the following prayers:-

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i) To issue a writ of mandamus directing the respondents 1 to 5 to terminate the service of respondents 6 and 7 on the basis of the findings in Ext.P4 series and such other reports.

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ii) To issue a writ of mandamus directing the respondents No.1 to 5 to take necessary steps/action to appoint persons like the petitioner who are the intended beneficiaries in the post earmarked for physically disabled persons.

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W.P (C) Nos.25000 of 2012 & 3629 of 2014

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iii) To issue such other orders, directions or writs as may be prayed for and that this Hon'ble Court may deem fit on the facts and circumstances of the case.”

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When W.P.(C) No.25000/2012 came up for

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consideration on 14.02.2024, this Court passed the following

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order:-

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“The Superintendent, Medical College Hospital, Thiruvananthapuram (Chairman, Appellate Medical Board, Kerala) is Suo motu impleaded as additional 5^th respondent.

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The 5^th respondent is directed to issue notice to the petitioner to appear before the Medical Board to assess her disability.

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The 5^th respondent will forward the report to this Court within three weeks. All the contentions of the petitioner are left open. The admissibility of the report also can be decided at the time of deciding the matter finally.

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Post on 21/03/2024.”

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Based on the same, the petitioner appeared before the Medical

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Board and Medical Board forwarded a disability certificate. The petitioner in this writ petition is challenging Exts.P3, P4 and P6 proceedings of the disciplinary authority directing her to appear before the Medial Board. Now, the petitioner already appeared before the Medical Board and the Board submitted a report. In

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W.P (C) Nos.25000 of 2012 & 3629 of 2014

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such circumstances, the disciplinary authority has to consider the matter with notice to the petitioner. The petitioner is free to raise her contention before the disciplinary authority, if she is aggrieved by the report of the Medical Board. All the contentions raised by the petitioner in W.P.(C) No.25000/2012 are left open.

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As far as W.P.(C) No.3629/2014 is concerned, the petitioner is challenging the appointment of the petitioner in W.P.(C) No.25000/2012 and one Omana, Typist, Kerala State Electricity Board. As far as the Omana's case is concerned, this Court considered the matter in detail as per judgment dated 14.02.2024 in W.P.(C) No.6566/2014. As far as the petitioner in W.P.(C) No.25000/2012 is concerned, the disciplinary authority will do the needful in accordance with law. Moreover, the 1^st respondent will also see that there is no illegal appointment is made in the post earmarked for physically disabled persons. Strict orders will be passed to that effect.

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Therefore, W.P.(C) No.25000/2012 is disposed of with the following directions:-

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1. The Registry will forward the disability certificate received from the Government Medical College Hospital to the disciplinary authority forthwith.

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W.P (C) Nos.25000 of 2012 & 3629 of 2014

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2. The disciplinary authority will proceed with Ext.P3 based on the disability certificate now received and pass appropriate orders, after giving sufficient opportunity of hearing to the petitioner in W.P.(C) No.25000/2012. The petitioner is also free to challenge the validity of the disability certificate before the disciplinary authority.

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W.P.(C) No.3629/2014 is disposed of directing the 1^st

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respondent to see that there is no illegal appointment to the post earmarked for physically handicapped persons.

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Sd/-

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P.V.KUNHIKRISHNAN JUDGE

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bng

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W.P (C) Nos.25000 of 2012 & 3629 of 2014

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APPENDIX OF WP(C) 3629/2014

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PETITIONER EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE RELEVANT PART OF THE SSLC BOOK OF THE PETITIONER.

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EXHIBIT P2 TRUE COPY OF THE ID CARD ISSUED BY THE TRIBAL WELFARE DEPARTMENT OF THE STATE GOVERNMENT PERTAINING TO THE PETITIONER.

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EXHIBIT P3 TRUE COPY OF THE DISABILITY CERTIFICATE PERTAINS TO THE PETITIONER.

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EXHIBIT P4 TO TRUE COPY OF THE ORDER DTD.28.12.2010 P4(I) ALONG WITH MEDICAL REPORT PERTAINING TO RESPONDENT 6 AND OTHERS EXHIBIT P5 AND TRUE COPY OF THE NEWS PAPER REPORTS. P5(A)

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RESPONDENT EXHIBITS

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EXHIBIT R3(A) TRUE COPY OF THE LETTER DATED 04.04.2011 EXHIBIT R3(B) TRUE COPY OF THE LETTER DATED 20.03.2011 EXHIBIT R3(C) TRUE COPY OF THE LETTER ISSUED BY THE DISTRICT JUDGE TO THE DISTRICT COLLECTOR DATED 17.09.2012. EXHIBIT R3(D) TRUE COPY OF THE LETTER DATED 04.07.2012 EXHIBIT R3(E) TRUE COPY OF THE LETTER LETTER DATED 23.10.2013 ISSUED BY THE DISTRICT COLLECTOR EXHIBIT R3(F) TRUE COPY OF THE LETTER DATED 21.02.2014 EXHIBIT R4(A) TRUE COPY OF THE PROCEEDINGS ISSUED BY THIS RESPONDENT DATED 03.09.2012 EXHIBIT R4(B) TRUE COPY OF THE LETTER DATED 28.09.2012 ISSUED BY THE MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM

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W.P (C) Nos.25000 of 2012 & 3629 of 2014

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APPENDIX OF WP(C) 25000/2012

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PETITIONER EXHIBITS

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EXHIBIT P-1 TRUE COPY OF THE MEMO CHARGE NO.B14437/2011 DATED 23.09.2011 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P-2 TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED 03.10.2011 BEFORE THE 1ST RESPONDENT EXHIBIT P-3 TRUE COPY OF THE ORDER NO. B1-4437/2011 DATED 03.09.2012 ISSUED BY THE 1ST RESPONDENT EXHIBIT P- 4 TRUE COPY OF THE ORDER NO.G2.8817/2012/MCH ISSUED TO THE PETITIONER ON 12.10.2012 EXHIBIT P-5 TRUE COPY OF THE SUBMISSION DATED 10.10.2012 (THROUGH PROPER CHANNEL) EXHIBIT P-6 TRUE COPY OF THE O.M.VIDE NO.B14437/2011 DATED 16.10.2012

Gopi M v. State of Kerala

Case brief

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What did the court decide?

Gopi M v. State of Kerala

Case brief

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