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Sivapriya K.S vs State Of Kerala
2023 Latest Caselaw 13187 Ker

Citation : 2023 Latest Caselaw 13187 Ker
Judgement Date : 15 December, 2023

Kerala High Court

Sivapriya K.S vs State Of Kerala on 15 December, 2023

Author: V Raja Vijayaraghavan

Bench: V Raja Vijayaraghavan

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 15TH DAY OF DECEMBER 2023 / 24TH AGRAHAYANA, 1945

                   WP(C) NO. 42341 OF 2023

PETITIONERS:

    1     SIVAPRIYA K.S
          AGED 37 YEARS
          W/O. ARUNKUMAR, THANKAVILASOM, ARYANADU P.O,
          THIRUVANANTHAPURAM DISTRICT., PIN - 695542

    2     V.S LEKSHMI
          AGED 38 YEARS
          W/O. SABU N.S, SREERANGAM, AMARAVILLA P.O, KOLLAYI,
          THIRUVANANTHAPURAM DISTRICT., PIN - 695122

    3     S. VINITHA
          AGED 38 YEARS
          W/O. SUBRAMANIA PILLAI, T.C NO. 55/1232/2, ABHINAVAM,
          YAMUNA NAGAR, NEERAMANKARA, KAIMANAM P.O,
          THIRUVANANTHAPURAM DISTRICT., PIN - 695040

    4     RANI. S
          AGED 40 YEARS
          W/O. SREELAL, SREEVILASOM, MEENAMBALAM, PUTHENKULAM
          P.O, POOTHAKKULAM, KOLLAM DISTRICT., PIN - 691302

    5     SHANIFA BEEVI. S
          AGED 41 YEARS
          W/O. SHAJAHAN. A, S.M HOUSE, KOTTOOR, KALLARA P.O,
          THIRUVANANTHAPURAM DISTRICT., PIN - 695608

    6     SHANIDA. R
          AGED 41 YEARS
          W/O. SULAIMAN, AREEKKAMULAYIL VEEDU, PULIYOORKONAM
          P.O, THIRUVANANTHAPURAM DISTRICT., PIN - 695573

    7     SHEEFA. B
          AGED 41 YEARS
          W/O. HAKKIM, THADATHIL VEEDU, THUMPODE, KALLARA P.O,
 W.P(C) No.42341 of 2023


                                  2

               THIRUVANANTHAPURAM DISTRICT., PIN - 695608

      8        SAJEENA. S
               AGED 41 YEARS
               W/O. AZEEZ, AZEEZ MANSIL, VALUPACHA, PULIMATH P.O,
               THIRUVANANTHAPURAM DISTRICT., PIN - 695612

               BY ADVS.
               BENCILAL B.S.
               RINU. S. ASWAN
               GOPIKA H.H
               ANUJA B.S.
               R.RAKESH
               V.K.HEMACHANDRAN


RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
               GOVT. SECRETARIAT, THIRUVANANTHAPURAM DISTRICT.,
               PIN - 695001

      2        STATE OF KERALA
               REPRESENTED BY THE ADDL. CHIEF SECRETARY TO
               GOVERNMENT, FINANCE DEPARTMENT, GOVT. SECRETARIAT,
               THIRUVANANTHAPURAM DISTRICT., PIN - 695001


               SMT. MARY BEENA JOSEPH, SR. GOVERNMENT PLEADER



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.12.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P(C) No.42341 of 2023


                                             3




                                       JUDGMENT

The petitioners are job aspirants and have just crossed the age

limit to becoming eligible for the recruitment process carried out by the

Government. It is stated that they are entitled to age relaxation in view

of COVID-19 pandemic. It is on these assertions that this writ petition is

filed seeking the following relief:

i. To issue a writ of mandamus or any other appropriate writ, order, or direction directing the 1st respondent to consider Ext. P8 and pass appropriate orders on it.

2. When the matter is taken up for consideration, the learned

counsel appearing for the petitioners submitted that direction be issued

to the 1st respondent to consider Ext.P8 representation and take a

decision in accordance with law.

3. The learned Government Pleader points out that Ext.P8

was submitted only on 7.12.2023.

4. Having considered the facts and circumstances and the

submissions made across the bar, this Writ Petition is ordered, and the

following directions are issued:-

a) The 1st respondent is directed to take up Ext.P8

representation and pass appropriate orders as per

procedure and in accordance with law, with notice to the

petitioners.

b) Orders shall be passed expeditiously, in any

event, within three months from the date of receipt of a

copy of this judgment.

c) It would be open to the petitioners to produce a

copy of the Writ Petition along with the judgment before

the concerned respondent to ensure compliance.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE IAP

APPENDIX OF WP(C) 42341/2023

PETITIONERS' EXHIBITS:

Exhibit P1 A TRUE COPY OF THE NOTIFICATION ISSUED BY THE MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA DATED 24.03.2020

Exhibit P2 A TRUE COPY OF THE ORDER IN W.P.(C) 3 OF 2020 ON THE FILES OF THE HON'BLE APEX COURT DATED 10.01.2022

Exhibit P3 A TRUE COPY OF THE RELEVANT PAGES OF THE NOTICE ISSUED BY THE STAFF SELECTION COMMISSION DATED NIL

Exhibit P4 A TRUE COPY OF THE ORDER ISSUED BY THE GOVT. OF PUDUCHERRY DATED 29.07.22

Exhibit P5 A TRUE COPY OF THE OFFICE MEMORANDUM ISSUED BY THE GOVT. OF NAGALAND DATED 28.02.22

Exhibit P6 A TRUE COPY OF THE NOTIFICATION ISSUED BY THE GOVT. OF RAJASTHAN WITH ITS ENGLISH TRANSLATION DATED 23.09.22

Exhibit P7 A TRUE COPY OF THE NOTIFICATION ISSUED BY THE GOVT. OF MAHARASHTRA DATED 17.12.21 WITH ITS ENGLISH TRANSLATION

Exhibit P8 A TRUE COPY OF THE REPRESENTATIONS TO THE 1ST RESPONDENT DATED 07.12.23

 
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