Kerala High Court
Unnikrishnan.T vs The Chairman on 22 October, 2024
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W.P.(C) Nos.20715 of 2020 & 2028 of 2021
2024:KER:78579
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
WP(C) NO. 20715 OF 2020
PETITIONERS:
1 UNNIKRISHNAN.T
AGED 53 YEARS, S/O KUNHIRAMAN NAIR,
KEDARAM HOUSE, OTTAMAVULLATHIL, THUVAKODE(PO),
CHEMANCHERY, KOZHIKODE DISTRICT PIN-673304
2 ASHOKAN C.H.
AGED 56 YEARS, S/O CHATHUKURUP,
SWAPNAM, PURAMERI.PO, VATAKARA,
KOZHIKODE 673503.
3 JEEVAN KUMAR.P.
AGED 50 YEARS, KUNHIRAMAM NAIR,
KOYIKKAL HOUSE, PALLIKARA (PO),
KOZHIKODE DISTRICT, PIN-673522.
4 SATHYAN.N.M.
AGED 51 YEARS, S/O KANNAN,
NADUVILAKANDI METHAL HOUSE, KOOTHALI (PO),
PERAMBRA, KOZHIKODE DISTRICT- PIN673522.
5 SUNIL BABU.K.T,
AGED 47 YEARS, S/O MUKUNDAN K.T,
NAMPIDIPARAMBATH HOUSE, GATE BAZAR,
KARUVATTOR (PO), PIN-673611.V
6 RAVINDREEN P.P.
AGED 51 YEARS, S/O KANDAN.P.P,
POOLAPARAMBIL HOUSE, CHOOLUR (PO),
KOZHIKODE DISTRICT, PIN-673601.
7 SREEJAN M
AGED 48 YEARS, S/O BALAN NAIR,
2
W.P.(C) Nos.20715 of 2020 & 2028 of 2021
2024:KER:78579
MANAKKATIL HOUSE, PERAVATTUR (PO),
KOYLANDI, KOZHIKODE DISTRICT, PIN-673620.
8 KRISHNAKUMAR.P.K
AGED 45 YEARS, S/O RAMAN,
SOUPARNIKA HOUSE, VADAKKECHALIL,
UMMALATHOOR, VELLIPARAMBA (PO),
KOZHIKODE DISTRICT.
9 ABDUL SALAM K.P.
AGED 52 YEARS, S/O ALI K.P,
VANGARIYIL HOUSE, POOLAKKADUVA,
MARIKUNNU, PIN-673012.
10 ISHAK PALLIKKALATH,
AGED 52 YEARS, S/O ALAVI,
PALLIKKALATH (PO), ALLY, MUKKAM,
KOZHIKODE DISTRICT, PIN-673602.
11 DINEESH BABU
AGED 49 YEARS, S/O BHASKARAN P.V.
COTTAGE, VENGALAM (PO), ELATHUR,
KOZHIKODE DISTRICT PIN-673303.
12 SUBRAMANIAN
AGED 54 YEARS, S/O BALAN.P,
PANAMKOORA HOUSE, KONNOT (PO),
KUNNAMANGALAM, KOZHIKODE DISTRICT
PIN-673571.
13 SAJEEV E.T.
AGED 48 YEARS, S/O BHASKARAN,
EDAKKAPARTHAZHATH HOUSE, KANNANKARA (PO),
CHELANNUR, KOZHIKODE DISTRICT-673616.
14 RADHAKRISHANAN.K
AGED 52 YEARS, DAMODARAN NAIR,
KRISHNAKRIPA HOUSE, KIZHAKKUMURI (PO), KAKKODI,
KOZHIKODE DISTRICT-673611.S/O BHASKARAN,
PANAMKOORA HOUSE, KONNOT(PO), KUNNAMANGALAM,
KOZHIKODE DISTRICT-673571.
BY ADV.
P.S.ANISHAD
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W.P.(C) Nos.20715 of 2020 & 2028 of 2021
2024:KER:78579
RESPONDENTS:
1 THE CHAIRMAN
HOSPITAL DEVELOPMENT SOCIETY,
GOVERNMENT MEDICAL COLLEGE HOSPITAL,
KOZHIKODE, PIN-673008. REPRESENTED BY
THE DISTRICT COLLECTOR, KOZHIKODE.
2 THE SECRETARY
SUPERINTENDANT, HOSPITAL DEVELOPMENT
SOCIETY, GOVERNMENT MEDICAL COLLEGE
HOSPITAL, KOZHIKODE, PIN-673008.
3 THE PRINCIPAL
VICE-CHAIRMAN, HOSPITAL DEVELOPMENT
SOCIETY, GOVERNMENT MEDICAL COLLEGE
HOSPITAL, KOZHIKODE, PIN-673008.
BY ADV.
SRI.JUSTIN JACOB - SR.GP.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.10.2024, ALONG WITH WP(C).2028/2021, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
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W.P.(C) Nos.20715 of 2020 & 2028 of 2021
2024:KER:78579
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
WP(C) NO. 2028 OF 2021
PETITIONER:
UNNIKRISHNAN T.
AGED 53 YEARS
S/O.KUNHIRAMAN NAIR, KEDARAM HOUSE,
OTTAMAVULLATHIL, THUVAKODE (PO),
CHEMANCHERY, KOZHIKODE DISTRICT, PIN-673304.
BY ADV.
P.S.ANISHAD
RESPONDENTS:
1 THE CHAIRMAN,
HOSPITAL DEVELOPMENT SOCIETY,
GOVERNMENT MEDICAL COLLEGE HOSPITAL,
KOZHIKODE, PIN-673008.
2 THE SECRETARY/SUPERINTENDENT,
HOSPITAL DEVELOPMENT SOCIETY,
GOVERNMENT MEDICAL COLLEGE HOSPITAL,
KOZHIKODE, PIN-673008.
3 THE PRINCIPAL/VICE-CHAIRMAN,
HOSPITAL DEVELOPMENT SOCIETY,
GOVERNMENT MEDICAL COLLEGE HOSPITAL,
KOZHIKODE, PIN-673008.
4 THE SUPERINTENDENT,
I.M.C.H CALICUT MEDICAL COLLEGE,
GOVERNMENT MEDICAL COLLEGE HOSPITAL,
KOZHIKODE, PIN-673008.
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W.P.(C) Nos.20715 of 2020 & 2028 of 2021
2024:KER:78579
BY ADV.
SRI.JUSTIN JACOB - SR.GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.10.2024, ALONG WITH WP(C).20715/2020, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C) Nos.20715 of 2020 & 2028 of 2021
2024:KER:78579
HARISANKAR V. MENON, J.
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W.P.(C) Nos.20715 of 2020 & 2028 of 2021
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Dated this the 22nd day of October, 2024
JUDGMENT
The petitioners point out that they are members of Ex- Armed Forces (Paramilitary), which have been held to be similar to Ex-Central Armed Police Force Personnel (Ex-CAPF personnel). The petitioners point out with reference to Ext.P1 dated 23.11.2012 that the petitioners are also entitled for being considered for appointment to various posts that are being earmarked for ex-service personnel. The petitioners point out with reference to Ext.P2 newspaper advertisement that the respondent Medical College has decided to consider only applications from those having registration from the Sainik Welfare Board. Therefore, the petitioners have filed the captioned writ petitions, seeking for a direction to the 1st respondent to consider the candidature of the petitioners pursuant to Ext.P1 and for other reliefs.
2. This Court on 27.01.2021, while considering the claims made by the petitioner in W.P.(C).No.2028 of 2021, had 7 W.P.(C) Nos.20715 of 2020 & 2028 of 2021 2024:KER:78579 directed the respondents 1 and 4 to permit the petitioner also to participate in the interview being conducted by them.
3. It is admitted by both sides that pursuant to the said direction, petitioner herein was permitted to participate in the interview conducted by the Medical College. However, the learned Senior Government Pleader points out that none of the petitioners were selected, pursuant to the results of the interview.
4. A detailed statement dated 30.11.2020 is filed on behalf of the 2nd respondent herein, wherein it is pointed out as under;
"4. It is true that the Hospital Development Society had earlier taken a decision to engage Ex-service men as Security staff on contract basis. It is for that purpose Exhibit P2 publication was given. It is only to confirm that the applicant is an Ex-service personal HDS has insisted for registration with the Sainik Welfare Board. This respondent has no intention to exclude any particular class or ex- service men or to confine the selection to the persons from the armed forces only. Earlier this respondent had called for a list from the Employment Exchange but there was no sufficient candidates send from the Employment Exchange for interview. In such circumstances the HDS have decided to issue notice for selection through the news papers. A 8 W.P.(C) Nos.20715 of 2020 & 2028 of 2021 2024:KER:78579 walk in interview was also conducted on 20.08.2020 and all ex-service personals irrespective of whether they are from armed forces or para military forces were allowed to participate in that interview. A rank list is also prepared which contains candidates from all categories. True copy of the rank list is produced herewith and marked as Annexure R2(a). It is absolutely clear from the above averments that the contention of the petitioners that they were not accepted for want of registration with Sainik Welfare Board is totally incorrect.
5. In such circumstances there is no merit in the grounds raised by the petitioners in the Writ Petition. This respondent is not the authority to declare that the Ex- service men and Ex-CAPF are equalant. This petitioner have never decided to appoint any particular category. It is the duty of this respondent to prepare a rank list for appointment to the post of Security Guards. The appointments will be made from the rank list in the order of their rank."
A reference to the averments to the afore effect in the statement filed would show that the respondents have been extending appointments to those who have retired from the Armed Forces as well as Paramilitary Forces without showing any sort of discrimination, as alleged by the petitioners. In the light of the above averment from the side of the respondents herein, I am of the opinion that nothing survives for 9 W.P.(C) Nos.20715 of 2020 & 2028 of 2021 2024:KER:78579 consideration in this writ petition.
In such circumstances, these writ petitions would stand closed, recording the statement made by the 2nd respondent to the effect that they are taking into account the claims made by those who are retired from the Armed Forces as well as from the Paramilitary Forces, like the petitioners herein.
It is made clear that the respondents would extend the same benefits to the petitioners in future also, unless and until a separate decision is taken from the side of the Government.
Sd/-
HARISANKAR V. MENON JUDGE anm 10 W.P.(C) Nos.20715 of 2020 & 2028 of 2021 2024:KER:78579 APPENDIX OF WP(C) 20715/2020 PETITIONERS' EXHIBITS EXHIBIT P1 TRUE COPY OF THE OFFICE MEMORANDUM DATED 23.11.12 ISSUED BY MINISTRY OF HOME AFFAIRS, GOVT OF INDIA.
EXHIBIT P2 TRUE COPY OF THE NEWS PAPER ADVERTISEMENT DATED 15.08.2020.
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE 1ST AND 2ND DATED 23.08.2020.
EXHIBIT P4 TRUE COPY OF THE ACKNOWLEDGEMENT OF THE 1ST RESPONDENT DATED 24.08.2020.
RESPONDENTS' EXHIBITS ANNEXURE R2(a) TRUE COPY OF THE RANK LIST. 11 W.P.(C) Nos.20715 of 2020 & 2028 of 2021 2024:KER:78579 APPENDIX OF WP(C) 2028/2021 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE OFFICE MEMORANDUM DATED 23.11.2012 ISSUED BY MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA.
EXHIBIT P2 TRUE COPY OF THE MATHRUBHUMI DAILY NEWS PAPER ADVERTISEMENT DATED 24.01.2021. EXHIBIT P3 TRUE COPY OF THE CERTIFICATE ISSUED BY THE GOVERNMENT OF KERALA TO THE PETITIONER DATED 01.07.2018.