Disposed

Nandini K v. State of Kerala

Kerala HC14 Mar 2024WP(C)/7211/2021

Case brief

AI extract

What is this about?

Assistant Grade-II employee challenged promotion of a colleague as Superintendent, contending she was overlooked for Junior Superintendent. Prayer limited to consideration of her promotion claim; court directed the Council to consider and pass orders within three months after hearing affected parties.

What did the court decide?

2nd respondent to consider petitioner's promotion to Junior Superintendent and pass appropriate orders within three months, hearing affected parties after notice.

Nandini K 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 BASANT BALAJI

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THURSDAY, THE 14^TH DAY OF MARCH 2024 / 24TH PHALGUNA, 1945

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WP(C) NO. 7211 OF 2021

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PETITIONER:

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NANDINI K, ASSISTANT GRADE-II, ADOPTION CENTRE, KERALA STATE COUNCIL FOR CHILD WELFARE, ULIYAKKOVIL P.O. KOLLAM-691 019. BY ADVS. A.RAJASIMHAN SHRI. AYYAPPADAS V KUM.VYKHARI.K.U

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF SOCIAL JUSTICE, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 KERALA STATE COUNCIL FOR CHILD WELFARE, REPRESENTED BY ITS GENERAL SECRETARY, THYCAUD, THIRUVANANTHAPURAM-695 014.

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3 GENERAL SECRETARY, KERALA STATE COUNCIL FOR CHILD WELFARE, THYCAUD, THIRUVANANTHAPURAM-695 014.

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4 SHEEBA L, SUPERINTENDENT, KERALA STATE COUNCIL FOR CHILD WELFARE, THYCAUD, THIRUVANANTHAPURAM-695 014. BY ADVS. SRI.K.JAJU BABU (SR.) SRI.S.VISHNU

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SMT.M.U.VIJAYALAKSHMI, SC, KSCCW SHANI S.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC 7211/2021

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JUDGMENT

(Dated this the 14^th day of March 2024)

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The petitioner is working as an Assistant Grade II in

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the service of the 2^nd respondent. Though she has filed the

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writ petition aggrieved by the promotion given to the 4^th respondent, as Superintendent overlooking the eligibility of the petitioner, the counsel for the petitioner limits his prayer to the 2^nd prayer. The counsel further submits that 2^nd respondent may be directed to take up the issue of promotion to the post of Junior Superintendent.

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The Standing Counsel for the 2^nd respondent

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submits that if the petitioner limits the prayer to the second prayer alone, the same would be taken into consideration and orders would be passed within a time frame.

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WPC 7211/2021

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Recording the above submission, the writ petition is

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disposed of, directing the 2^nd respondent to consider the promotion of the petitioner to the post of Junior Superintendent, and pass appropriate orders, within a period of three months from the date of receipt of a copy of the

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judgment. The 2^nd respondent, while taking into consideration the said request, shall hear any affected parties after issuing notice to them also.

Sd/-

BASANT BALAJI

JUDGE

WPC 7211/2021

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APPENDIX OF WP(C) 7211/2021

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PETITIONER EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE ORDER NO 2479/09/K.S.C.C.W DATED 22.12.2009 ISSUED BY THE 2ND RESPONDENT EXHIBIT P2 TRUE COPY OF GO (RT0 NO 179/2012/SWD DATED 29.3.2012 EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THAT MEETING OF THE EXECUTIVE COMMITTEE HELD ON 29.8.2019 EXHIBIT P4 TRUE COPY OF KERALA STATE COUNCIL FOR CHILD WELFARE SERVICE RULES 2018 EXHIBIT P5 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO 14512/2020 DATED 17.7.2020 EXHIBIT P6 TRUE COPY OF THE ORDER NO 231/A2/2021 K.S.C.C.W DATED 2.3.2021 ISSUED BY THE 3RD RESPONDENT

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RESPONDENT EXHIBITS

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Exhibit R2(a) TRUE COPY OF THE JUDGMENT DATED 22.12.2015 IN WPC 3891/2015 OF THIS HON’BLE COURT. Exhibit R2(b) TRUE COPY OF THE MINUTES OF THE EXECUTIVE COMMITTEE HELD ON 15/09/2020 CONSISTING OF THE GENERAL SECRETARY, TREASURER, AND SECRETARY OF THE SOCIAL WELFARE DEPARTMENT. Exhibit R2(c) TRUE COPY OF THE ORDER DATED 13/09/2021 OF THE EXECUTIVE COMMITTEE OF THIS 2ND RESPONDENT RATIFIED THE APPOINTMENT OF THE 4TH RESPONDENT AS SUPERINTENDENT. Exhibit R2(d) TRUE COPY OF THE ORDER VIDE NO.231/A2/2021/KSCCW DATED 24/11/2021 ISSUED BY THE SECRETARY OF THE COUNCIL.

Nandini K v. State of Kerala

Case brief

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Nandini K v. State of Kerala

Case brief

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