Disposed

Merlin K Joseph v. State of Kerala

Kerala HC7 Mar 2024WP(C)/525/2024

Case brief

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What is this about?

Writ petition concerning recognition of a permanent disability certificate for eligible benefits. On consent of both sides, the Court declared that the certificate inures to the petitioner for benefits, subject to other statutory requirements, including production of a Physical Functionality Certificate when called for.

What did the court decide?

Declaration that Ext.P1 disability certificate inures to petitioner for all eligible benefits, subject to other requirements including a Physical Functionality Certificate; liberty to seek clarificati

Merlin K Joseph Vs State of Kerala — Kerala HC (2024) — LawSathi Research

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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
THURSDAY, THE 7TH DAY OF MARCH 2024 / 17TH PHALGUNA, 1945
WP(C) NO. 525 OF 2024

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PETITIONER/S:

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MERLIN K JOSEPH
AGED 28 YEARS
D/.O.K.M.JOSEPH, KALAPURACKAL HOUSE, IDIYANAL.P.O,
RAMAPURAM, KOTTAYAM, PIN - 686576

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BY ADVS.
VARGHESE P.CHACKO
DENNIS VARGHESE

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RESPONDENT/S:

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STATE OF KERALA
REPRESENTED BY THE SPECIAL SECRETARY TO GOVERNMENT,
SOCIAL JSUTICE (D) DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001

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OTHER PRESENT:

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SMT. VIDYA KURIAKOSE, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC No 525 of 2024

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JUDGMENT

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Dated this the 7^th day of March, 2024

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When this matter was called today, the learned Government Pleader submitted that Ext.P1 certificate of the petitioner is not disputed or assailed; but that the other requirements, including for the production of a Physical Functionality Certificate, will have to be agreed to by him, as and when required.

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Sri. Varghese P.Chacko, learned counsel for the petitioner, accepted the afore argument of the learned Government Pleader, and prayed that this writ petition be ordered on such terms.

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In the afore circumstances, with the consent of the both sides, I declare that Ext.P1 certificate will inure to the petitioner for all eligible benefits; however, subject to other requirements in law being satisfied by her, including the production of a “Physical Functionality Certificate”, as and when it is so called for by the Competent Authorities.

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WPC No 525 of 2024

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Needles to say, if the petitioner is to encounter any further problem, she would be at liberty to seek necessary clarifications from this Court, for which, liberty is reserved to her.

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Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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WPC No 525 of 2024

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APPENDIX OF WP(C) 525/2024

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`PETITIONER EXHIBITS`
`Exhibit P1`	`TRUE` `COPY` `OF` `PERMANENT`	`DISABI`	`LITY`
	`CERTIFICATE DATED 22.12.2004` `PETITIONER BY THE CHAIRMAN, MED`	`ISSUED` `ICAL BOA`	`TO` `RD.`
`Exhibit P2`	`TRUE` `COPY` `OF` `NO.625/S2/18/SCPWD,THIRUVANANTH` `13.4.2018 ISSUED BY STATE COM` `PERSONS WITH DISABILITIES.`	`CIRC` `APURAM D` `MISSIONER`	`ULAR` `ATED` `FOR`
`Exhibit P3`	`TRUE COPY OF RELEVANT PAGES O` `NO.16-18/97-NI DATED 01.06.200` `ISSUED BY MINISTRY OF SOCIAL` `EMPOWERMENT.`	`F GUIDEL` `1, NEW D` `JUSTICE`	`INES` `ELHI` `AND`
`Exhibit P4`	`TRUE COPY OF PH.D, PROGRAMME` `ORDER ISSUED BY THE DIRECTOR,` `SUNDARANAR UNIVERSITY.`	`COMMENCE` `MANONMA`	`MENT` `NIAM`
`Exhibit P5`	`TRUE COPY OF ELECTRONIC` `NO.171016134 DATED 19.03.2018 I`	`CERTIFI` `SSUED BY`	`CATE` `UGC`
`Exhibit P6`	`TRUE COPY OF PAPER PUBLICATION` `MALAYALA MANORAMA DAILY DATED 0`	`PUBLISHE` `4.10-.20`	`D IN` `23.`
`RESPONDENT EXHIBITS`
`Exhibit R(a):`	`True copy of the order No.` `7/2022/SJD dated 28.10.2022`	`GO (P)`	`No.`
`Exhibit R(b):`	`True copy of the order No.` `11/2019/SJD dated 25.10.2019`	`GO (P)`	`No.`
`Exhibit R(c):`	`Notification` `No.38-16/2020-` `04.01.2021 by Government of Ind`	`DD-III` `ia`	`on`

Merlin K Joseph v. State of Kerala

Case brief

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Merlin K Joseph v. State of Kerala

Case brief

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