Kerala High Court
Rajan David vs State Of Kerala on 17 November, 2020
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 17TH DAY OF NOVEMBER 2020 / 26TH KARTHIKA, 1942
WP(C).No.25073 OF 2020(H)
PETITIONER:
RAJAN DAVID
AGED 53 YEARS
S/O.GEORGE DAVID, BASKETBALL COACH, KERALA SPORTS
COUNCIL (TERMINATED FROM SERVICE), RESIDING AT RAJ
BHAVAN, RESIDENCY ROAD, KOLLAM, KOLLAM DISTRICT.
BY ADVS.
SRI.M.V.THAMBAN
SRI.R.REJI
SMT.THARA THAMBAN
SRI.B.BIPIN
SRI.ARUN BOSE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF SPORTS AND YOUTH AFFAIRS,
GOVERNMENT SECRETARIATE,
THIRUVANANTHAPURAM, PIN - 695 001.
2 KERALA STATE SPORTS COUNCIL
YMCA ROAD, STATUE, PALAYAM, THIRUVANANTHAPURAM,
PIN - 695001, REPRESENTED BY ITS SECRETARY.
3 THE SECRETARY, KERALA STATE SPORTS COUNCIL
YMCA ROAD, STATUE, PALAYAM, THIRUVANANTHAPURAM,
PIN - 695 001.
SMT. LATHA ANAND - SC, SRI. BIJOY CHANDRAN - SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.25073 OF 2020(H)
2
JUDGMENT
Dated this the 17th day of November 2020 The petitioner who is stated to have been working as a Basketball coach in the services of the 2 nd respondent - Kerala State Sports Council (KSSC), has approached this Court seeking that he be directed to granted pensionary benefits for the period from 05.05.1994 to 29.08.2011, notwithstanding the fact that he was terminated from service by the said Council as per Exts. P1 and P2.
2. Sri. M.V.Thamban, the learned Counsel for the petitioner, however, concedes that his client has already approached the 3rd respondent - Secretary of the KSSC with Ext.P4 representation staking the afore claim; and thus alternatively prays that the same be directed to taken up and disposed of at the earliest.
3. Smt. Latha Anand, the learned Counsel for the WP(C).No.25073 OF 2020(H) 3 respondents 2 and 3, submitted that there does not appear to be any legal impediment in Ext.P4 being taken up and disposed of by the 3rd respondent; but prayed that this Court may not make any affirmative declarations as regards the entitlement of the petitioner to any relief and leave it to the said respondent to take an appropriate decision thereon as per law.
4. When I consider the above submissions, it is indubitable that, since the petitioner has already approached the 3rd respondent with Ext.P4 representation, it will not be justified or prudent for this Court to enter into the merits of its contentions at this stage. I am of the firm view that, therefore, Ext.P4 must be directed to be taken up and disposed of at the earliest.
Resultantly, this writ petition is ordered, directed the 3rd respondent to take up Ext.P4 representation of the petitioner and to dispose of the same, after affording an opportunity of being heard to the petitioner - either WP(C).No.25073 OF 2020(H) 4 physically or through Video Conferencing - thus culminating an appropriate order thereon, as expeditiously as is possible, but not later than two months from the date of receipt of the copy of this judgment.
The writ petition is disposed of as above.
Sd/-
DEVAN RAMACHANDRAN JUDGE AJ WP(C).No.25073 OF 2020(H) 5 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE MINUTES OF THE MEETING OF THE STANDING COMMITTEE OF THE KERALA STATE SPORTS COUNCIL HELD ON 10/08/2011.
EXHIBIT P2 TRUE COPY OF THE ORDER NO.K.S.S.C./B1/520/2009 DT. 02/09/2011 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE G.O.(RT) NO.46/12/S&YA DT. 05/03/2012.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 01/01/2018 FILED BEFORE THE 2ND RESPONDENT.