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2022 Supreme(Ker) 10

S.MANIKUMAR, SHAJI P.CHALY
Benny Sebasstian, S/o. Sebastian – Appellant
Versus
State of Kerala, Represented By Its Secretary, Department of Industries and Commerce, Government Secretariat – Respondent


Advocates Appeared:
For the Petitioner: Shri P. Ramakrishnan, Smt. Preethi Ramakrishnan (P-212), Sri. T.C. Krishna, Sri. C. Anilkumar, Smt. Asha K. Shenoy, Sr. Pratap Abraham Varghese.
For the Respondents: Sri. K. Jayakumar (Sr.), Sri. S.K. Saju, Sri. Manju E.R., Sri. V. Tek Chand, Senior Govt. Pleader.

JUDGMENT :

S. Manikumar, J.

Instant Public Interest writ petition is filed for the following reliefs:

    (i) To issue a writ of quo warranto directing respondents 3 and 4, viz., Ajay Kumar, Geologist, Office of the Director of Mining and Geology, Department of Mining & Geology, Thiruvananthapuram; and Bijumon, Geologist, Office of the Geologist, Kottayam, to show under what authority they have been functioning as Geologist in the Department of Mining and Geology, State of Kerala;

(ii) Declare that respondents 3 and 4 are liable to be discharged under Rule 19(b)(ii) of Part II of KS & SSR for want of test qualification;

(iii) Declare that the orders issued by respondents 3 and 4, while functioning as Geologists, are nonest in the eye of law and that they are not liable to be acted upon.

2. Facts leading to the filing of the instant writ petition are, petitioner is the Honorary Secretary of Idukki District Tourism Promotion Co-operative Society Ltd., No.1-631, a society formed to promote tourism in Idukki district. He is also the former State Secretary of Kerala NGO Front, an organization

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