Kerala High Court
Ashif E. A vs State Of Kerala on 22 November, 2023
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENTUWE
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023 / 1ST AGRAHAYANA, 1945
OP(KAT) NO. 534 OF 2023
AGAINST THE ORDER/JUDGMENT OA (EKM) 279/2023 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/S/APPLICANT IN O.A.:
ASHIF E. A
AGED 29 YEARS
S/O ALI. E. M, EDAKKOTTATHIL HOUSE, PULLUT PO, THRISSUR
DISTRICT NOW WORKING AS ANIMAL KEEPER IN THRISSUR
ZOO ,CHEMBUKKAVU, THRISSUR DISTRICT, PIN - 680663
BY ADVS.
V.M.KRISHNAKUMAR
P.R.REENA
RESPONDENT/S/RESPONDENTS IN O.A.:
1 STATE OF KERALA
REPRESENTED BY SECRETARY DEPARTMENT OF MUSEUMS AND
ZOOS, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 EMPLOYMENT DIRECTOR,
DIRECTORATE OF EMPLOYMENT, VIKAS BHAVAN,
THIRUVANANTHAPURAM DISTRICT, PIN - 695033
3 EMPLOYMENT OFFICER
EMPLOYMENT EXCHANGE, KODUNGALLUR, THRISSUR DISTRICT,
PIN - 680669
4 DISTRICT EMPLOYMENT OFFICER
DISTRICT EMPLOYMENT OFFICE, CHEMBUKKAVU, THRISSUR
DISTRICT., PIN - 680020
5 THE DIRECTOR
DEPARTMENT OF MUSEUMS AND ZOOS, MUSEUM AND ZOO CAMPUS,
PALAYAM, THIRUVANANTHAPURAM DISTRICT, PIN - 695033
GOVERNMENT PLEADER, ADV. SAIGI JACOB PALATTY
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY
HEARD ON 22.11.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(KAT) NO. 534 OF 2023
2
JUDGMENT
Dated this the 22nd day of November, 2023 A.MUHAMED MUSTAQUE(J) The question in O.A. No. 279/2023 is with regard to the experience required for the post of Animal Keeper. The petitioner herein is the applicant in the original application, claimed in the light of Annexure A5 and A6 judgments that, his experience will have to be counted.
However, rebutting his argument, the learned Government Pleader refers to the circular issued by the Employment Director. The matter has not been decided finally by the Tribunal.
2. By interim order dated 31.10.2023, the Tribunal ordered that selection to the post of Animal Keeper will be subject to the result of the original application. The petitioner apprehends that, the appointment itself will create a vested right to the prospective candidates and the petitioner, will be without any remedy. OP(KAT) NO. 534 OF 2023 3 Having considered the submissions as above, we are of the view that the impugned order has to be modified by directing the official respondents to intimate any selected candidates about pendency of O.A.No.279/2023 and challenge thereon. They shall be specifically intimated that their appointment will be subject to the result of the above original application.
The Original Petition stands disposed of.
Sd/-
A.MUHAMED MUSTAQUE JUDGE Sd/-
SHOBA ANNAMMA EAPEN JUDGE RK OP(KAT) NO. 534 OF 2023 4 APPENDIX OF OP(KAT) 534/2023 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF SRO NO. 412/2016 DATED 04.06.2016 ISSUED BY GOVERNMENT OF KERALA PERSONNEL AND ADMINISTRATIVE REFORMS RULES) DEPARTMENT Annexure A2 TRUE COPY OF CERTIFICATE ISSUED BY THE DIRECTOR OF MUSEUMS AND ZOO NO.MZ(A)- 6080/2015 DATED 30.8.2022 Annexure A3 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT TO THE APPLICANT DATED 14.11.2022 Annexure A4 TRUE COPY OF THE REPRESENTATION FILED BY THE APPLICANT BEFORE THE 1ST RESPONDENT DATED 28.01.2023 Annexure A5 TRUE COPY OF THE JUDGMENT OF HON'BLE HIGH COURT IN SULOCHANA A C VS. KERALA PUBLIC SERVICE COMMISSION [2014 KHC 261] Annexure A6 TRUE COPY OF THE JUDGMENT OF HON'BLE HIGH COURT IN ALI MOHAMMED VS. KERALA STATE ROAD TRANSPORT CORPORATION [2014 KHC 3693] Annexure A3(a) TRUE COPY OF CIRCULAR DATED 1.11.2018 OF THE EMPLOYMENT DIRECTOR Annexure A3(b) TRUE COPY OF CIRCULAR DATED 28.9.2021 OF THE EMPLOYMENT DIRECTOR Annexure A3(c) TRUE COPY OF CIRCULAR DATED 1.11.2021 OF THE EMPLOYMENT DIRECTOR WITH TYPED COPY Exhibit P1 TRUE COPY OF THE ORDER OF THE HON'BLE ADMINISTRATIVE TRIBUNAL DATED 31.10.2023 IN OA(EKM). 279 OF 2023 Exhibit P2 TRUE COPY OF O.A.(EKM) NO. 279/2023 OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM (ERNAKULAM BENCH) Exhibit P3 TRUE COPY OF MISCELLANEOUS APPLICATION FILED BY THE PETITIONER IN OA(EKM) 279/2023 Exhibit P4 TRUE COPY OF REPLY STATEMENT FILED BY OP(KAT) NO. 534 OF 2023 5 THE 3RD RESPONDENT IN OA(EKM)279/2023