Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE SMT. JUSTICE P.V.ASHA WEDNESDAY, THE 12TH DAY OF AUGUST 2020 / 21ST SRAVANA, 1942 WP(C).No.14219 OF 2019(B) PETITIONER/S: 1 ASHA.L AGED 47 YEARS CONFIDENTIAL ASSISTANT, KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE, VIKAS BHAVAN, THIRUVANANTHAPURAM-33, RESIDING AT TC 9/330(3), PLRA/F-37/2, SREEKRISHNA PRABHA, SATHAMANGALAM, THIRUVANANTHAPURAM-695010 2 RAMESH KUMAR B OFFICE ATTENDANT, KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE, VIKAS BHAVAN, THIRUVANANTHAPURAM-33, RESIDING AT MANNAVILA PANAYIL PUTHEN VEEDU, TC52/865, KOLIYAKKODE, ESTATE.P.O., THIRUVANANTHAPURAM-695019 3 D.SANAL KUMAR OFFICE ATTENDANT, KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE, VIKAS BHAVAN, THIRUVANANTHAPURAM-33, RESIDING AT DSK BHAVAN, KUNDARA THEIR, PALLICHAL, NEMOM.P.O., THIRUVANANTHAPURAM-695020 4 R.DILEEP RAJ, DRIVER, KERALA STATE REMOTE SENSING AND ENVIORNMENT CENTRE, VIKAS BHAVAN, THIRUVANANTHAPURAM, RESIDING AT M.R.HOUSE, CHERYPALODE, MANIKANTESWARAM.P.O., THIRUVANANTHAPURAM-13 5 THULASIDHARAN.S. DRIVER, KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE, VIKASH BHAVAN, THIRUVANANTHAPURAM-33, RESIDING AT MULAKUNNEL, NADUVATH, KARAKKAMANDAPAM, NEMOM.P.O., THIRUVANANTHAPURAM-695020. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT/S: 1 KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE REPRESENTED BY ITS DIRECTOR, 'C' BLOCK, VIKAS BHAVAN, THIRUVANANTHAPURAM-695033. 2 THE CHAIRMAN, EXECUTIVE COMMITTEE, KERALA STATE REMOTE SENSING AND ENVIRONMENT CENTRE, VIKAS, BHAVAN, THIRUVANANTHAPURAM-695 033.
3 STATE OF KERALA,REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, PLANNING AND ECONOMIC AFFAIRS DEPARTMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM-695 001. BY ADV. SRI.S.VISHNU BY GOVERNMENT PLEADER BY ADV. SMT.JINNU SARA GEORGE BY ADV. SMT.MITHA SUDHINDRAN BY ADV. SRI.ANAND VIMAL BY ADV. SHRI. ZAFAR ANTONIO THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
This Writ Petition was filed seeking the following reliefs:
1. Call for the records leading to Ext.P28 and quash the same by writ of certiorari.
2. Issue a writ of mandamus commanding the respondents to regularise the service of petitioners
3. Grant such other reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. The petitioners are continuing in service on the basis of the interim orders passed by this Court.
2. Learned counsel for the petitioners submits that
petitioners have approached the Government with Ext.P30 representation and that they would be satisfied with a direction to the Government to consider the same. Accordingly, the Writ Petition is disposed of, directing the 3rd respondent to consider and pass orders on Ext.P30 representation after affording an opportunity of hearing to the petitioners within a period of two months from the date of receipt of a copy of the judgment. As the petitioners have been continuing on the basis of the interim orders passed by this Court the petitioners shall be allowed to continue till the disposal of the representation. Sd/- P.V.ASHA rkc JUDGE :4: APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE APPOINTMENT LETTER ISSUED TO THE 1ST PETITIONER EXHIBIT P2 TRUE COPY OF THE GOVERNMENT ORDER G.O. (MS)NO.5/97/PLG DTD.25-4-97 ISSUED BY THE 3RD RESPONDENT EXHIBIT P3 TRUE COPY OF THE GOVERNMENT ORDER G.O. (MS)NO.17/10/PLG, DTD.27.3.2010 ISSUED BY THE 3RD RESPONDENT EXHIBIT P4 TRUE COPY OF THE GOVERNMENT ORDER G.O. (MS)NO.56/05/PLG DTD.27.8.2005 ISSUED BY THE 3RD RESPONDENT EXHIBIT P5 TRUE COPY OF THE LETTER NO.A.-140/14/KSREC DATED 3/12/2014 ISSUED BY THE 1ST RESPONDENT TO 3RD RESPONDENT EXHIBIT P6 TRUE COPY OF THE LETTER NO.A-140/14/KSREC DATED 5/1/2015 ISSUED BY THE 1ST RESPONDENT TO 3RD RESPONDENT EXHIBIT P7 TRUE COPY OF THE GOVERNMENT ORDER AS G.O. (RT)NO.407/15/PLG DATED 16.09.2015 ISSUED BY 3RD RESPONDENT EXHIBIT P8 TRUE COPY OF THE ORDER NO.A-146/13/KSREC DATED 1/12/2015 ISSUED BY 1ST RESPONDENT EXHIBIT P9 TRUE COPY OF THE LETTER NO.A.178/2008/K.S.R.E.C.DATED 31.1.2017 ISSUED BY THE 1ST RESPONDENT TO 3RD EXHIBIT P10 TRUE COPY OF THE GOVERNMENT ORDER AS G.O.NO.56/2017/FIN, DATED 28.4.2017 EXHIBIT P11 TRUE COPY OF THE ORDER NO.178/2008/KSREC DATED 30.8.2017 ISSUED BY THE 1ST RESPONDENT TO THE 1ST PETITIONER EXHIBIT P12 TRUE COPY OF THE ORDER NO.A-178/2008/KSREC DATED 30.8.2017 ISSUED TO 2ND PETITIONER :5: EXHIBIT P13 TRUE COPY OF THE ORDER NO.A-178/2008/KSREC DATED 30.8.2017 ISSUED BY THE 1ST RESPONDENT TO 3RD PETITIONER EXHIBIT P14 TRUE COPY OF THE ORDER NO.178/2008/KSREC DATED 30.08.2017 TO THE 4TH PETITIONER EXHIBIT P15 TRUE COPY OF THE ORDER NO.A.-178/2008/KSREC DATED 30.8.2017 TO THE 5TH PETITIONER EXHIBIT P16 TRUE COPY OF THE AGREEMENT DATED 2/09/2017 EXECUTED BY THE 1ST PETITIONER EXHIBIT P17 TRUE COPY OF THE AGREEMENT DATED 2/9/2017 EXECUTED BY THE 2ND PETITIONER EXHIBIT P18 TRUE COPY OF THE AGREEMENT DATED 2/9/2017 EXECUTED BY THE 3RD PETITIONER EXHIBIT P19 TRUE COPY OF THE AGREEMENT DATED 2/9/2017 EXECUTED BY THE 4TH PETITIONER EXHIBIT P20 TRUE COPY OF THE AGREEMENT DATED 2/9/2017 EXECUTED BY THE 5TH PETITIONER
EXHIBIT P21 TRUE COPY OF THE GOVERNMENT ORDER
(MS)NO.8/18/PLG.DATED 28.2.2018 ISSUED BY 3RD RESPONDENT EXHIBIT P22 TRUE COPY OF THE COMMON JUDGMENT IN WP(C)NOS.7590/18 AND 8027/18 EXHIBIT P23 TRUE COPY OF THE AGREEMENT DATED 31/8/2018 EXECUTED BY THE 1ST PETITIONER AND 1ST EXHIBIT P24 TRUE COPY OF THE AGREEMENT DATED 31.8.2018 EXECUTED BY THE 2ND PETITIONER AND 1ST EXHIBIT P25 TRUE COPY OF THE AGREEMENT DATED 31.08.2018 EXECUTED BY THE 3RD PETITIONER AND 1ST EXHIBIT P26 TRUE COPY OF THE AGREEMENT DATED 31/8/2018 EXECUTED BY THE 4TH PETITIONER AND 1ST :6: EXHIBIT P27 TRUE COY OF AGREEMENT DATED 31.8.2018 EXECUTED BY THE 5TH PETITIONER AND 1ST EXHIBIT P28 TRUE COPY OF G.O.(M.S)NO.20/2019/.PLANNING DATED 16.5.2019 ISSUED BY 3RD RESPONDENT EXHIBIT P29 TRUE COPY OF THE G.O.(P)NO.39/2002/P&ARD DATED 26/08/2002
EXT.P30: TRUE COPY OF THE REPRESENTATION DT.15.2.20 SUBMITTED BY THE PETITIONERS TO THE 3RD RESPONDENT