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Kerala High Court

Annamma Mathai vs Sree Chitra Tirunal Institute For ... on 21 November, 2014

Author: Dama Seshadri Naidu

Bench: Dama Seshadri Naidu

       

  

   

 
 
                          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                              PRESENT:

                     THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU

                 FRIDAY,THE 21ST DAYOF NOVEMBER 2014/30TH KARTHIKA, 1936

                                  WP(C).No. 29798 of 2014 (Y)
                                  --------------------------------------

PETITIONER:
-----------------

           ANNAMMA MATHAI, AGED 64 YEARS,
           W/O.LATE A K THOMAS, ANJILIMOOTIL , TC 14/429
           MEDICAL COLLEGE P O, KUMARAPURAM, THIRUVANANTHAPURAM

           BY ADVS.SRI.K.G.SARATHKUMAR
                    SRI.CHRISTOPHER VALENTINE
                    SRI.S.RAJKUMAR

RESPONDENTS:
--------------------

      1. SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCE
         AND TECHNOLOGY(SCTIMST),THIRUVANANTHAPURAM
          (SCTIMST)THIRUVANANTHAPURAM PIN-695011
          REP BY ITS DIRECTOR

      2. THE PRINCIPAL SCIENTIFIC ADVISOR TO THE GOVT.OF INDIA
           318, VIGYAN BHAVAN, ANNEXE
           MAULANA AZAD ROAD, NEW DELHI-110 011

      3. GOVERNING BODY
           SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCE
           AND TECHNOLOGY(SCTIMST)
           THIRUVANANTHAPURAM(SCTIMST)
           THIRUVANANTHAPURAM PIN-695 011

           R2 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
           R1 & 3 BY ADV.SRI.T.R.RAVI,SC,SREE CHITRA TIRUNAL INSTITUTE

          THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-11-2014,
THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING:

WP(C).No. 29798 of 2014 (Y)

                                   APPENDIX

PETITIONERS' EXHIBITS:


      P1:-TRUE COPY OF THE REQUEST LETTER DTD 24/4/2012 OF THE HEAD OF
      THE DEPARTMENT OF PATHOLOGY TO THE DIRECTOR AND THE APPROVAL
      OF THE DIRECTOR

      P2:-TRUE COPY OF THE CERTIFICATE OF AWARD FROM ICMR

      P3:-TRUE COPY OF THE LETTER DTD 17/4/2001 RECEIVED FROM THE
      SECRETARY, NATIONAL ACADEMY OF MEDICAL SCIENCES (INDIA), NEW
      DELHI.

      P4:-TRUE COPY OF THE REPRESENTATION GIVEN BY THE PETITIONER TO
      THE DIRECTOR, SCTIMST.

      P5:-TRUE COPY OF THE REPRESENTATION GIVEN BY THE PETITIONER TO
      THE PRINCIPAL SCIENTIFIC ADVISOR TO THE GOVT.OF INDIA 318, VIGYAN
      BHAVAN ANNEXE, MAULANA AZAD ROAD, NEW DELHI-110 011

RESPONDENTS' EXHIBITS:

      NIL.




                                // True copy //


                                       P.A. to Judge



                             DAMA SESHADRI NAIDU, J.
                 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                             W.P.(C)No.29798 OF 2014
                 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                  Dated this the 21st day of November, 2014

                                         JUDGMENT

Today when the matter is called, the learned Standing Counsel for the first respondent has produced before the Court, across the bar, a notification dated 9th May 2014 issued by the Ministry of Personnel, Public Grievances and Persons to the effect that the first respondent has been notified in terms of Section 14(2) of the Administrative Tribunals Act, 1985.

2. He has further submitted that in the light of the said notification, the issue raised by the petitioner in the writ petition shall be determined by the Central Administrative Tribunal.

3. In the light of the notification dated 9th May 2014, the learned counsel for the petitioner has sought the leave of this Court to withdraw the writ petition with liberty to approach the appropriate forum.

In the facts and circumstances leave is granted. The writ petition is dismissed with liberty to the petitioner to approach the appropriate forum in accordance with law.

DAMA SESHADRI NAIDU, JUDGE jes