IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 25TH DAY OF AUGUST 2022/3RD BHADRA, 1944
O.P(KAT).NO.289 OF 2022
AGAINST THE ORDER IN O.A.(EKM).NO.1140/2022 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS:
1 PREMAJA V
AGED 55 YEARS
W/O. SHRI.HAREENDRAN E, HEAD OF DEPARTMENT - CABM,
EKNM GOVT. POLYTECHNIC COLLEGE, TRIKKARIPUR - 671310
AND R/O. KAUSTUBHAM, P.O PARAL, KANNUR DISTRICT,
PIN - 670671
2 DR.FEROSE P M
AGED 53 YEARS
S/O.SHRI P M MAJEED, PRESENTLY WORKING AS
HEAD OF DEPARTMENT, CABM, GOVT. WOMENS
POLYTECHNIC COLLEGE, KOTTACKAL, MALAPPURAM DT.
- 676501 & R/O.PALLIMANHAYALIL HOUSE,
P.O KUDALLUR, PALAKKAD DISTRICT., PIN - 679554
BY ADV.SMT.REENA SHARON SURESH
BY ADV.SRI.K.P.S.SURESH
RESPONDENTS:
1 STATE OF KERALA
THE PRINCIPAL SECRETARY
DEPT. OF HIGHER EDUCATION
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF TECHNICAL EDUCATION
DIRECTORATE OF TECHNICAL EDUCATION
THIRUVANANTHAPURAM, PIN - 695001
O.P.(KAT).NO.289 OF 2022 :: 2 ::
3 THE PRINCIPAL
EKNM GOVT. POLYTECHNIC COLLEGE
P.O. TRIKKARIPUR, KASARGOD DT., PIN - 671310
4 THE PRINCIPAL
GOVT. WOMEN'S POLYTECHNIC COLLEGE,
KOTTACKAL P.O., MALAPPURAM DT., PIN - 676501
BY SRI.BIJOY CHANDRAN, GOVERNMENT PLEADER
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME
UP FOR ADMISSION ON 25.08.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
O.P.(KAT).NO.289 OF 2022 :: 3 ::
JUDGMENT
Mohammed Nias C.P., J.
The petitioners have approached the Kerala Administrative Tribunal seeking disposal of Annexure A6 and A6(a) representations made before the 2nd respondent seeking inclusion of their names in the seniority list of HoDs for promotion to the cadre of Principal in Government Polytechnic Colleges. The Tribunal directed the 2 nd respondent to dispose Annexure A6 and A6(a) representations within two months from the date of receipt of the copy of the order. Complaining that the Tribunal did not grant the interim relief sought, namely to keep two posts of Principal vacant, the petitioners have filed this Original Petition.
The very entitlement of the petitioners to get inclusion in the seniority list, as they claimed in Annexure A6 and A6(a) representations, had to be decided by the 2 nd respondent, and a decision to be taken thereon. It is only in the event of a favourable O.P.(KAT).NO.289 OF 2022 :: 4 ::
decision taken by the 2nd respondent in Annexure A6 and A6(a) representations that the petitioners right to be considered for promotion to the post of Principal arises. The Tribunal was right in not granting the interim relief of keeping two posts of Principal vacant. We find no reason to interfere with the order of the Tribunal inasmuch as the prayer of the petitioners for keeping two posts of Principal vacant was premature. The O.P.(KAT) fails, and is accordingly dismissed.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE Sd/-
MOHAMMED NIAS C.P.
JUDGE
prp/25/8/22
O.P.(KAT).NO.289 OF 2022 :: 5 ::
APPENDIX OF O.P(KAT).NO.289/2022 PETITIONER ANNEXURES:
Annexure A1 TRUE COPY OF THE PROMOTION ORDER OF APPLICANT-1 VIDE GO(RT) NO.530/2008 H.EDN DATED 28-03-2008 Annexure A2 TRUE COPY OF THE REGULARISATION ORDER VIDE GO NO.(RT) NO.1634/2021/HDEN DATED 08-12- 2021 Annexure A3 TRUE COPY OF THE DISABILITY CERTIFICATE VIDE NO.3137 BASED ON THE DISTRICT DISABILITY ASSESSMENT BOARD ON 03 NOVEMBER 2004, IRO APPLICANT 1 Annexure A3a TRUE COPY OF THE ID CARD NO.KL MPM LD 4823 DATED 10-10-2004 IRO APPLICANT 2 Annexure A4 TRUE COPY OF ORDER NO. GO NO.2/2021/ HDEN DATED 23-01-2021 IN FILE NO.HEDN-
L3/185/2020-HEDN Annexure A5 TRUE COPY OF TECHNICAL EDUCATION DIRECTORATE CIRCULAR NO. EG2/5573/20/DTE DATED 22-06-2022 Annexure A6 TRUE COPY OF THE REPRESENTATION FROM APPLICANT 1 , DATED 04-07-2022 Annexure A6a TRUE COPY OF THE REPRESENTATION FROM APPLICANT 2 , DATED 06-07-2022 Exhibit P1 TRUE COPY OF CERTIFIED COPY OF KERALA ADMINISTRATIVE TRIBUNAL, ADDL BENCH, ERNAKULAM ORDER IN OA(EKM) NO.1140 OF 2022 O.P.(KAT).NO.289 OF 2022 :: 6 ::
DATED 02-08-2022 Exhibit2 TRUE COPY OF THE OA 1140/2022 RESPONDENTS ANNEXURES: NIL.
//TRUE COPY// P.S. TO JUDGE