Citation : 2021 Latest Caselaw 22945 Ker
Judgement Date : 23 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
WP(C) NO. 24534 OF 2021
PETITIONERS:
1 NAZEER.S.,
AGED 36 YEARS
S/O. SHEREEF.A., CHARUVILAYIL HOUSE, KUMMANNOOR P.O., KONNI,
PATHANAMTHITTA DISTRICT 689 691.
2 RINU.S. CHANDRAN,
AGED 39 YEARS
S/O.P. RAMACHANDRAN, RINU BUNGALOW, NEELESWARAM P.O.,
NEDUVATHOOR, KOLLAM DISTRICT 691 506.
3 VINOD KUMAR R.,
AGED 39 YEARS
S/O. G. RAJAN PILLAI, RAJI BHAVANAM, PATTAZHY P.O.
KOLLAM DISTRICT 691 522.
4 SURESH KUMAR B.R.,
AGED 51 YEARS
S/O. G. BALAKRISHNA PILLAI, VIASHNAVAM, MALLOOR COLLEGE P.O.
PATTAZHI, KOLLAM DISTRICT 689 695.
BY ADVS.
B.RENJITHKUMAR
CLARA SHERIN FRANCIS
RESPONDENTS:
1 STATE OF KERALA,
REP. BY ITS SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE
KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.
2 THE PRINCIPAL,
GOVERNMENT MEDICAL COLLEGE, KONNI,
PATHANAMTHITTA DISTRICT 689 691.
3 THE SUPERINTENDENT,
GOVERNMENT MEDICAL COLLEGE, KONNI, PATHANAMTHITTA DISTRICT 689
691.
4 KERALA EX- SERVICEMEN WELFARE AND
REHABILITATION CORPORATION, REP. BY ITS MANGING DIRECTOR,
KEXCON, OPP. AMRITHA HOTEL, THYCAUD,
THIRUVANANTHAPURAM, 695 001.
BY ADV R.S.KALKURA SC R4
SMT. VINITHA B. SR.G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 24534 OF 2021 2
JUDGMENT
Dated this the 23rd day of November, 2021
The petitioners, who are ex-servicemen registered with the
4th respondent-KEXCON, filed this writ petition on an allegation
that the respondent Nos. 2 and 3 are proposing to appoint
certain ex-servicemen other wise than through the 4th
respondent-Kerala State Ex-servicemen Welfare and
Rehabilitation Corporation. The petitioners therefore prayed that,
the respondents be directed to comply with Exts.P1 to P3
Government Orders in the matter of appointment of temporary
security/other staff.
2. The learned Senior Government Pleader on
instruction submitted that respondent Nos. 2 and 3 are strictly
following the Government Orders relating to appointment of
temporary security staff through Kerala State Ex-servicemen
Development and Rehabilitation Corporation (KEXCON) and
they have no intention to appoint security personnel other wise
than in accordance with the Government Orders on the subject.
In view of the categorical statement made by the learned
Government Pleader that the respondents 2 and 3 do no at
present propose to engage any security personnel otherwise
than through the 4th respondent and the further submission that
engagement of security personnel will be made only as per the
extant Government Orders, the writ petition is disposed of
recording the aforesaid submission of the learned Government
Pleader.
sd/-
N.NAGARESH JUDGE hmh
APPENDIX OF WP(C) 24534/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER NO. G.O.(MS) NO.
179/05/GAD DATED 4.6.2005.
Exhibit P2 TRUE COPY OF THE CIRCULAR NO. 134/05/GAD DATED 12.12.2005.
Exhibit P3 TRUE COPY OF THE CIRCULAR DATED 4.11.2019 ISSUED BY THE IST RESPONDENT. Exhibit P4 TRUE COPY OF THE REQUEST DATED 26.08.2020 SUBMITTED BY THE PETITIONERS TO THE 2ND AND 3RD RESPONDENTS.
Exhibit P5 TRUE COPY OF THE ORIGINAL CIRCULAR OF EXT.P3 IN MALAYALAM DATED 4/11/2019. Exhibit P6 TRUE COPY OF THE CORRECTED REQUEST OF EXT.P4 DATED 26/8/2020.
RESPONDENT EXHIBITS NIL
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