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