Kavitha Sudhakar P vs The Government Of India
2021 Latest Caselaw 210 Ker

                               PRESENT

              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942

                       WP(C).No.127 OF 2021(M)

PETITIONER:
              KAVITHA SUDHAKAR P
              AGED 37 YEARS
              W/O.R.RENJITH AND D/O. PRABHAVATHY, T.C.96/1015(1),
              SREEMANGALAM, MANGALATHUKONAM, PULAYANARKOTTA,
              THURUVICKAL P.O., THIRUVANANTHAPURAM, PIN-695 011

              BY ADV. SRI.S.JUSTUS

RESPONDENTS:
       1     THE GOVERNMENT OF INDIA
             DEPARTMENT OF SPACE, REPRESENTED BY ITS SECRETARY,
             ANTARIKSH BHAVAN, NEW BEL ROAD, BANGALORE,
             PIN CODE-560 231

      2       INDIAN SPACE RESEARCH ORGANIZATION (ISRO),
              REPRESENTED BY ITS CHAIRMAN, ANTARIKSH BHAVAN,
              NEW BEL ROAD, BANGALORE,PIN CODE-560 231

      3       THE DIRECTOR, VIKRAM SARABHAI SPACE CENTRE (VSSC)
              THUMBA, THIRUVANANTHAPURAM,PINCODE-695 022

      4       THE DISTRICT COLLECTOR,
              THIRUVANANTHAPURAM, DISTRICT COLLECTOR OFFICE, CIVIL
              STATION ROAD, KUDAPPANAKUNNU,
              THIRUVANANTHAPURAM,PINCODE-695 043

      5       THE CHIEF CONTROLLER,
              VIKRAM SARABHAI SPACE CENTRE (VSSC), THUMBA,
              THIRUVANANTHAPURAM,PINCODE-695 022


OTHER PRESENT:

              ASGI- SRI.P.VIJAYAKUMAR, SRI.DAYA SINDHU SREEHARI
              .N.S,,GP- SRI.BIJOY CHANDRAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.127 OF 2021

                                     2

                              JUDGMENT

The prayers sought for in the writ petition are as follows:-

"(a) issue a writ of mandamus or order or direction directing the respondents 1 to 3 to appoint the petitioner as per Ext.P10 list forthwith.

(b) issue a writ of mandamus or order or direction directing the 3rd respondent to consider the appointment of the petitioner within a time limit fixed by this Honorable Court and take necessary steps for providing employment to the petitioner."

2. Heard the learned counsel for the petitioner and the

learned ASGI appearing for the respondents.

3. In view of the fact that the petitioner is seeking

appointments under the 2nd and 3rd respondents, it is clear that

the petitioner has to approach the CAT in terms of Section 14 of

the Administrative Tribunals Act, 1985. This writ petition is

dismissed without prejudice to the contentions of the petitioner

and the right to approach the CAT.

Sd/-

ANU SIVARAMAN JUDGE Bng/05.01.2020 WP(C).No.127 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 PHOTOCOPY OF THE CERTIFICATE ISSUED BY THE TAHSILDAR, THIRUVANANTHAPURAM, DATED 08.09.2017

EXHIBIT P2 PHOTOCOPY OF THE EXTRACT FROM THE MEETING HELD BY THE CHAIRMAN ISRO AND PALLITHURA VELI WELFARE ASSOCIATION COORDINATION COMMITTEE DATED 05.04.1970

EXHIBIT P3 PHOTOCOPY OF THE NOTES OF DISCUSSION HELD ON 19.07.1971

EXHIBIT P4 PHOTOCOPY OF THE MINUTES OF THE DISCUSSION HELD ON 23.03.1972

EXHIBIT P5 PHOTOCOPY OF THE LETTER DATED 19.06.1975 ISSUED BY THE DISTRICT COLLECTOR TO THE SECRETARY, VELI PEOPLES WELFARE ASSOCIATION , VALIA VELI THIRUVANANTHAPURAM

EXHIBIT P6 PHOTOCOPY OF THE MINUTES OF THE MEETING HELD ON 21.01.1984

EXHIBIT P7 PHOTOCOPY OF THE LETTER DATED 10.08.1987 ISSUED BY THE MINISTER OF STATE, SCIENCE AND TECHNOLOGY TO THEN MEMBER OF PARLIAMENT, MR.T BASHEER

EXHIBIT P8 PHOTOCOPY OF THE LETTER NO.D.O.NO.E 18011/7/2006-SEC.1 ISSUED BY THE JOINT SECRETARY , GOVERNMENT OF INDIA, DEPARTMENT OF SPACE TO THE MEMBER OF PARLIAMENT

EXHIBIT P9 PHOTOCOPY OF THE RECORD OF DISCUSSION OF THE MEETING HELD BY ADDITIONAL SECRETARY, DOS WITH THE EVICTEES OF THUMBA

EXHIBIT P10 PHOTOCOPY OF THE LIST ISSUED BY THE RECRUITMENT AND REVIEW SECTION OF VSSC

EXHIBIT P11 PHOTOCOPY OF THE REPLY ISSUED BY THE CENTRAL PUBLIC INFORMATION OFFICER, ISRO WP(C).No.127 OF 2021

DATED 09.02.2009

EXHIBIT P12 PHOTOCOPY OF THE COMMON JUDGMENT DATED 06.11.2027 IN WP(C) NO.25039/2017 OF THIS HONORABLE COURT

EXHIBIT P13 PHOTOCOPY OF THE JUDGMENT DATED 22.01.2018 IN W.A NO.27/2018 OF THIS HONORABLE COURT

EXHIBIT P14 PHOTOCOPY OF THE JUDGMENT DATED 23.02.2018 IN W.A. NO.170/2018 OF THIS HONORABLE COURT

EXHIBIT P15 PHOTOCOPY OF THE LETTER DATED 12.11.2018 ISSUED BY THE 3RD RESPONDENT

EXHIBIT P16 PHOTOCOPY OF THE JUDGMENT DATED 18.02.2019 IN WP(C) NO.27182/2018 OF THIS HON'BLE COURT