Disposed

Raghunathan Nair v. State of Kerala

Kerala HC24 May 2024WP(C)/3725/2016

Case brief

AI extract

What is this about?

Dispensing staff at Civil Supplies petrol bunks sought regularisation and retention in service; the Government had rejected their application via Ext.P6. The court found nothing to interfere with in Ext.P6 but allowed petitioners to raise additional grounds before the Government, which must consider them with notice.

What did the court decide?

Petitioners may file an application raising additional grounds before the Government, to be considered in accordance with law with notice to them.

Raghunathan Nair 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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FRIDAY, THE 24^TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946

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WP(C) NO. 3725 OF 2016

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PETITIONERS:

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1 RAGHUNATHAN NAIR AGED 52 YEARS

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DISPENSING STAFF ALTHARA CIVIL SUPPLIES PETROL BUNK, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 001

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2 ANITHA S DISPENSING STAFF ALTHARA CIVIL SUPPLIES PETROL BUNK, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 001

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3 REJANI K DISPENSING STAFF ALTHARA CIVIL SUPPLIES PETROL BUNK, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 001

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4 MALLIKA D DISPENSING STAFF ALTHARA CIVIL SUPPLIES PETROL BUNK, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 001

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5 LATHA S

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DISPENSING STAFF STATUE CIVIL SUPPLIES PETROL BUNK, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 001

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6 PRASANNA S DISPENSING STAFF STATUE CIVIL SUPPLIES PETROL BUNK, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 001

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7 MANOH H DISPENSING STAFF ALTHARA CIVIL SUPPLIES PETROL BUNK, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 001

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8 SUJITH KUMAR S

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DISPENSING STAFF ALTHARA CIVIL SUPPLIES PETROL BUNK, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 001

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9 BINDU O

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DISPENSING STAFF ALTHARA CIVIL SUPPLIES PETROL BUNK, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 001

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10 MADHUSUDHANAN D

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DISPENSING STAFF, PETROL BUNK, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 001

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11 VINOD J

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DISPENSING STAFF, PETROL BUNK, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 001

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12 RAJANI S

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DISPENSING STAFF, PETROL BUNK, VELLAYAMBALAM,

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W.P (C) No.3725 of 2016

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THIRUVANANTHAPURAM-695 001

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13 SHEELAKUMAR M.S

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DISPENSING STAFF STATUE CIVIL SUPPLIES PETROL BUNK, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 001

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14 LATHA M DISPENSING STAFF STATUE CIVIL SUPPLIES PETROL BUNK, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 001

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15 MANIKUTTAN W DISPENSING STAFF ALTHARA CIVIL SUPPLIES PETROL BUNK, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 001

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16 LATHAKUMARI P.A DISPENSING STAFF ALTHARA CIVIL SUPPLIES PETROL BUNK, VELLAYAMBALAM, THIRUVANANTHAPURAM-695 001

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17 SRIDEVI K

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DISPENSING STAFF, VELLAYAMBALAM CIVIL SUPPLIES PETROL BUNK, THIRUVANANTHAPURAM-695 001

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BY ADV SRI.KALEESWARAM RAJ

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, FOOD AND CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001

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2 KERALA STATE CIVIL SUPPLIES CORPORATION LTD REPRESENTED BY MANAGING DIRECTOR, KERALA STATE CIVIL SUPPLIES CORPORATION LTD; THIRUVANANTHAPURAM695 001

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3 THE MANAGING DIRECTOR KERALA STATE CIVIL SUPPLIES CORPORATION LTD; THIRUVANANTHAPURAM-695 001

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BY ADVS. SMT.MOLLY JACOB,SC,SUPPLYCO SMT.MOLLY JACOBSCSUPPLYCO

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P (C) No.3725 of 2016

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P.V.KUNHIKRISHNAN,J.

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- - - - - - - - - - - - - - - - - - - - - W.P (C) No.3725 of 2016

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- - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24^th day of May, 2024

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JUDGMENT

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This writ petition is filed with the following prayers:-

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“i) to issue a writ of certiorari quashing and setting aside the Ext.P6 order dated 18.09.2015, bearing No.G.P.(Rt) No.317/2015/F&CSD passed by respondent No.1.

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ii) To declare that the petitioners are entitled to retention in service with reasonable wages.

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iii) To issue a writ of mandamus directing the respondents to evolve a scheme or to create new posts in the relevant cadre to retain and regularize the service of the petitioners and to grant/fix all benefits as being given to the permanent staff of the respondent no.2.

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iv) To issue a writ of mandamus directing the respondent No.1 to reconsider the Ext.P3 representation after hearing the petitioners and after considering the relevant materials.

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v) 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.” [SIC]

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The main prayer in this writ petition is against Ext.P6

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order passed by the Government by which the application of the petitioners for regularisation is rejected. The counsel for

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the petitioners submitted that all the contentions of the

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W.P (C) No.3725 of 2016

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petitioners are not considered by the Government in Ext.P6. This Court perused Ext.P6. This Court is of the opinion that there is nothing to interfere with Ext.P6. But, if there is any additional grounds to be raised by the petitioners, the petitioners can file appropriate application before the Government and if such an application is filed, the Government will consider the same, in accordance with law, with notice to the petitioners.

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With the above observations, this writ petition is disposed

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of. Sd/-

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P.V.KUNHIKRISHNAN JUDGE

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bng

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W.P (C) No.3725 of 2016

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APPENDIX OF WP(C) 3725/2016

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PETITIONER EXHIBITS

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EXHIBIT P1	TRUE 7/6/1	COPY 4 ISS	OF UED	THE BY THE	GOVERNMENT ORDER DT. GOVERNMENT
EXHIBIT P2	TRUE 10/11	COPY /10	OF	THE	GO (MS) 79/10 DT.
EXHIBIT P3	TRUE 24/12 RESPO	COPY /14 NDENT	O SUB	F THE MITTED	REPRESENTATION DT. BEFORE THE 1ST
EXHIBIT P4	TRUE 1/9/1	COPY 4	OF	THE	GOVERNMENT ORDER DT.
EXHIBIT P5	TRUE JUNE,	COPY 2015	OF INW	THE S PC 182	AID JUDGMENT DT. 18TH 31/15
EXHIBIT P6	TRUE SECRE SUPPL	COPY TARY IES D	OF TO EPAR	THE GOVERN TMENT	ORDER DT. 18/9/15 OF METN, FOOD AND CIVIL
EXHIBIT P7	TRUE STATM	COPY ENTS	OF	THE EM	PLOYEE PROVIDENT FUND

Raghunathan Nair v. State of Kerala

Case brief

What is this about?

What did the court decide?

Raghunathan Nair v. State of Kerala

Case brief

What is this about?

What did the court decide?

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