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 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
OP(KAT) NO. 144 OF 2022
PETITIONER/APPLICANT IN THE OA
BIPIN CHANDRAN, AGED 44 YEARS
S/O. K.R.CHANDRAN, H.S.S.T. (MAL.),
MATTUMMAL GOVERNMENT HIGHER SECONDARY SCHOOL,
ADAVANAD, MALAPPURAM-676 505,, PIN - 682006
RESIDING AT PEDINJARE VEETTIL, BABU NIVAS,
T&R CROSS ROAD, THOPPUMPADY P.O.,
ERNAKULAM, KOCHI-682006
BY ADVS.
ELVIN PETER P.J.
ABHIJITH.K.ANIRUDHAN
SREELEKSHMI A.S.
K.R.GANESH
GOURI BALAGOPAL
RESPONDENTS/RESPONDENTS IN THE OA:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001., PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
DIRECTORATE OF GENERAL EDUCATION,
HIGHER SECONDARY (WING),
HOUSING BOARD BUILDINGS, SANTHI NAGAR,
THIRUVANANTHAPURAM - 695 001., PIN - 695001
3 THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT
FINANCE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001., PIN - 695001
BY SR.GOVERNMENT PLEADER, SRI.UNNIKRISHNA KAIMAL
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(KAT) No.144 of 2022
2
A.K.JAYASANKARAN NAMBIAR & MOHAMMED NIAS C.P., JJ
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OP(KAT) No. 144 of 2022
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Dated this the 23rd day of June 2022
JUDGMENT
A.K.Jayasankaran Nambiar, J.
This OP(KAT) has been filed by the applicant in OA No.789 of 2022 before the Kerala Administrative Tribunal.
Additional Bench, Ernakulam, aggrieved by the interim order dated 3.6.2022 of the Tribunal in the said O.A. to the extent it refused the interim relief sought for by the applicant to continue under Leave Without Allowance (LWA) on the basis of Annexures A4 to A6 applications produced along with the O.A.
2. When the matter came up for admission before this Court, after finding that Annexure A9 order of the Government that mandated that the applicant should re-join duty in the Kottayam Edakunnam Higher Secondary School, as an HSST (Malayalam), did not consider the specific provisions of Annexure A10 order dated 5.11.2020 and Annexure A11 circular dated 30.12.2020, we granted an interim stay of further proceedings pursuant to the impugned order of the Tribunal OP(KAT) No.144 of 2022 3 and permitted the petitioner to continue under LWA in continuation of Annexure A2 order pending disposal of this OP(KAT). We had also requested the learned Government Pleader to produce a copy of the communication issued by the Government pursuant to which the DPI had passed Annexure A9 order.
3. When the matter was taken up today, the learned Government Pleader produces a communication dated 31.05.2022, the reference cited 3rd in Annexure A9 order. We find from the perusal of the said communication that the Government too did not take into account the specific provisions of Annexure A10 order and Annexure a11 circular referred above while issuing the said communication. Prima facie, therefore, we are convinced that the petitioner herein has made out a case warranting an interim order as prayed for in the O.A. before the Tribunal.
4. Inasmuch as we do not see any purpose of retaining the OP(KAT) herein since it is filed against an interim order of the Tribunal, refusing to grant the interim relief prayed for by the petitioner, we dispose the OP(KAT) by relegating the petitioner to pursue the O.A. before the Tribunal, making it OP(KAT) No.144 of 2022 4 clear however that the interim order granted by this Court on 8.6.2022 shall continue remain in force, pending disposal of the O.A by the Tribunal.
The Original Petition(KAT) is disposed as above.
Sd/-
A.K.JAYASANKARAN NAMBIAR, JUDGE Sd/-
MOHAMMED NIAS C.P., JUDGE dlk 23.6.2022 OP(KAT) No.144 of 2022 5 APPENDIX OF OP(KAT) 144/2022 PETITIONER'S ANNEXURES AnnexureA1 TRUE COPY OF THE CERTIFICATE ISSUED BY THE KERALA STATE CHALACHITHRA ACADEMY, DEPARTMENT OF CULTURAL AFFAIRS, GOVERNMENT OF KERALA.
AnnexureA2 TRUE COPY OF THE ORDER NO.
AD.C5/61635/H.S.E./ 2016 DATED 12.04.2017 ISSUED BY THE 2ND RESPONDENT.
AnnexureA3 TRUE COPY OF THE AGREEMENT DATED 15.01.2020 EXECUTED BY THE APPLICANT WITH SRI. NOBLE JOSE THE PRODUCER OF THE MOVIE. AnnexureA4 TRUE COPY OF THE APPLICATION DATED 16.02.2022 SUBMITTED BY THE APPLICANT FOR EXTENSION OF HIS LEAVE THROUGH THE PRINCIPAL GHSS, EDAKUNNAM.
AnnexureA5 TRUE COPY OF THE COMMUNICATION DATED 16.02.2022 ISSUED BY THE PRINCIPAL TO THE 2ND RESPONDENT.
AnnexureA6 TRUE COPY OF THE APPLICATION FOR EXTENSION DATED 17.05.2022 SUBMITTED BY THE APPLICANT BEFORE THE 2ND RESPONDENT. AnnexureA7 : TRUE COPY OF THE COMMUNICATION DATED 17.05.2022 ISSUED BY THE PRINCIPAL TO THE 2ND RESPONDENT.
AnnexureA8 TRUE COPY OF THE JUDGMENT DATED 04.02.2022 IN O.P. (KAT) NO. 344/2021 OF THE HON'BLE HIGH COURT OF KERALA.
AnnexureA9 TRUE COPY OF THE ORDER NO. AD.
C5/61635/H.S.E./ 2016 DATED 31.05.2022 ISSUED BY THE 2ND RESPONDENT REJECTING THE EXTENSION OF LEAVE WITHOUT ALLOWANCE APPLIED FOR BY THE APPLICANT.
AnnexureA10 : TRUE COPY OF THE ORDER G.O.(P) NO.
152/2020/FIN. DATED 05.11.2020 ISSUED BY OP(KAT) No.144 of 2022 6 THE GOVERNMENT.
AnnexureA11 TRUE COPY OF THE CIRCULAR NO. 83/2020/FIN.
DATED 30.12.2020 PRESCRIBING GUIDELINES FOR SANCTIONING LWA.
ExhibitP1 TRUE COPY OF THE O.A. (EKM.) NO. 789/2022 FILED BY THE PETITIONER BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM, ADDITIONAL BENCH AT ERNAKULAM.
ExhibitP2 TRUE COPY OF THE INTERIM ORDER DATED 03.06.2022 IN O.A. (EKM.) NO. 789/2022 OF THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM, ADDITIONAL BENCH AT ERNAKULAM.