Binu Kumar R v. Union Of India

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 20TH DAY OF NOVEMBER 2015/29TH KARTHIKA, 1937 W.P.(C).No.14137 of 2015 (N) -------------------------------------------------- PETITIONER(S):- -------------------------- BINU KUMAR. R., AGED 56 YEARS, MELEMANAYIL HOUSE, PANGAPPARA P.O., (MTS DAILY WAGED DRIVER AT NATIONAL CENTRE OF EARTH SCIENCE STUDIES (NCESS) , THIRUVANANTHAPURAM DISTRICT, PIN - 695581.

BY ADV. SRI.SIJI ANTONY.

RESPONDENT(S):- ----------------------------

1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO MINISTRY OF EARTH SCIENCES (MOES), PRITHVI BHAVAN, OPP. INDIA HABITAT CENTRE, LODHI ROAD. NEW DELHI-110003.

2. NATIONAL CENTRE OF EARTH SCIENCE STUDIES (NCESS), AKKULAM, THIRUVANANTHAPURAM, REPRESENTED BY THE DIRECTOR. PIN 695031.

3. THE CHIEF MANAGER (I/C), NATIONAL CENTRE OF EARTH SCIENCE STUDIES (NCESS), AKKULAM, THIRUVANANTHAPURAM, PIN-695031.

R1 TO R3 BY CENTRAL GOVERNMENT COUNSEL SMT.C.G.PREETHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.14137 of 2015 (N) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:- --------------------------------------- EXHIBIT-P1: TRUE COPY OF OFFER LETTER TO THE PETITIONER DATED 20.05.2011. EXHIBIT-P2: TRUE COPY OF OFFICE ORDER FIXING THE DAILY WAGE DATED 04.06.2011.

EXHIBIT-P3: TRUE COPY OF OFFICE ORDER OF DATED 02.12.2011. EXHIBIT-P4: TRUE COPY OF THE ORDER DATED 09.05.12. EXHIBIT-P5: TRUE COPY OF OFFICE ORDER DATED 28.11.2012. EXHIBIT-P6: TRUE COPY OF THE OFFICE ORDER DATED 15.05.2013. EXHIBIT-P7: TRUE COPY OF THE OFFICE ORDER DATED 08.11.2013. EXHIBIT-P8: TRUE COPY OF THE OFFICE ORDER DATED 17.11.2014. EXHIBIT-P9: TRUE COPY OF THE CIRCULAR ISSUED BY THE 3RD RESPONDENT DATED 31.12.2014.

EXHIBIT-P10: TRUE COPY OF THE DRIVING LICENSE. EXHIBIT-P11: TRUE COPY OF THE REQUEST TO THE 2ND RESPONDENT DATED 24.03.2015.

EXHIBIT-P12: TRUE COPY OF THE REPRESENTATION TO THE 1ST RESPONDENT DATED 20.04.2015.

EXHIBIT-P13: TRUE COPY OF THE SPEED POST ADDRESSING THE 1ST RESPONDENT DATED 23.04.2015.

EXHIBIT-P14: TRUE COPY OF THE COMMUNICATION ISSUED BY GOVERNMENT OF INDIA DATED 22.05.2013.

EXHIBIT-P15: TRUE COPY OF THE OFFICE MEMORANDUM DATED 16.10.2014. RESPONDENT(S)' EXHIBITS:- ----------------------------------------- EXHIBIT R1(a) TRUE COPY OF THE RELEVANT PAGES OF BYE-LAW.

EXHIBIT R1(b) TRUE COPY OF THE COMMUNICATION DATED 8.6.2015 ISSUED BY THE 1ST PETITIONER/1ST RESPONDENT AND ADDRESSED TO THE 2ND RESPONDENT.

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K. Vinod Chandran, J -------------------------------------- W.P.(C).No.14137 of 2015-N -------------------------------------- Dated this the 20th day of November, 2015

JUDGMENT

The petitioner sought for disposal of Exhibit P12 representation. The same has already been disposed of by Exhibit R1(b). The petitioner seeks permission to withdraw the writ petition with liberty to challenge Exhibit R1(b). Liberty sought for is granted and the writ petition would stand dismissed as withdrawn.

Sd/- K.Vinod Chandran Judge.

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