Citation : 2023 Latest Caselaw 4839 Ker
Judgement Date : 13 April, 2023
WP(C) No.13646/2023 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Thursday, the 13th day of April 2023 / 23rd Chaithra, 1945
WP(C) NO. 13646 OF 2023(E)
PETITIONERS:
1. KERALA GAZETTED OFFICERS UNION, K.G.O.U. BHAVAN, MANJALIKKULAM,
THIRUVANANTHAPURAM, PIN - 695001 REPRESENTED BY ITS GENERAL
SECRETARY, K.C.SUBRAMONIAN, AGED 53 YEARS.
2. K.C. SUBRAMONIAN, AGED 53 YEARS, S/O.K.S.CHATHA, GENERAL SECRETARY,
K.G.O.U, RESIDING AT ASHADAM TC 31/1683, SURYA 147, MANNAMOOLA,
PEROORKADA PO, THIRUVANANTHAPURAM, PIN - 695005
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, P&ARD DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM PIN - 695001
2. THE ADDITIONAL CHIEF SECRETARY, PLANNING AND ADMINISTRATIVE REFORMS
DEPARTMENT (P&ARD), GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM PIN - 695001
3. DR.MANOJ JOHNSON, S/O.JOHNSON, KANISSERIL SAGARA-92/13, TC
XX/2500(1) DREAM INDIA VILAS, PATHIRAPPALLY, KUDAPPANAKKUNNU,
THIRUVANANTHAPURAM PIN - 695043
4. DR.VINOD MUTHIKKAVU S/O.R.DIVAKARAN, NOW WORKING AS PHSYCHIATRIC
SOCIAL WORKER, (HIGH GRADE) AT GOVERNMENT MENTAL HEALTH CENTRE,
THIRUVANANTHAPURAM HEALTH SERVICE DEPARTMENT, RESIDING AT
MUTHIKKAVU, VENJARAMOODU P.O. THIRUVANANTHAPURAM, PIN - 695607
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay the operation and implementation of and all proceedings
pursuant to Exhibit.P7, pending disposal of the Writ Petition(Civil).
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. R.V.SREEJITH, G.MAHESWARY, T.RINI & HARIGOVIND S.NAIR, Advocates for
the petitioners and of GOVERNMENT PLEADER for Respondent number 1 and 2
the court passed the following:
WP(C) No.13646/2023 2/3
SHAJI P.CHALY, J.
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W.P.© No.13646 of 2023
--------------------------------------------
Dated this the 13th day of April, 2023
ORDER
Learned Government Pleader is directed to take instructions from
respondents 1 and 2. Notice by speed post to respondents 3 and 4.
2. The immediate grievance of the petitioner is with respect to Exhibit P7
notice issued by the State Government dated 3.4.2023 inviting among others, the
petitioner union also for hearing, apparently, on the basis of a direction issued by
this Court in the judgment in W.P.© No.1330/2023 dated 7.2.2023. Even though
various contentions are raised, I am of the view that if any order is passed, that will
materially interfere with Exhibit P6 judgement rendered by this Court, specified
above.
In that view of the matter, participation of the petitioner in accordance with
the notice issued by the State Government specified above, will be subject to the
result of this writ petition.
Post after vacation.
Sd/-
SHAJI P. CHALY
smv JUDGE
13-04-2023 /True Copy/ Assistant Registrar
WP(C) No.13646/2023 3/3
APPENDIX OF WP(C) 13646/2023
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 07.02.2023 OF THIS
HON'BLE COURT IN W.P.(C)NO.1330/2023
Exhibit P7 TRUE COPY OF THE NOTICE NO. ADV.C.2/92/2023-P&ARD DATED
03.04.2023
13-04-2023 /True Copy/ Assistant Registrar
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