Kerala High Court
State Of Kerala vs Deepu.T on 12 April, 2024
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
OP(KAT) NO. 164 OF 2024
AGAINST THE ORDER DATED 21.02.2024 IN OA NO.1715 OF 2023
OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/RESPONDENTS IN OA:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
GOVERNMENT, HEALTH AND FAMILY WELFARE
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, KERALA, PIN - 695 001
2 THE DIRECTOR OF MEDICAL EDUCATION, MEDICAL
COLLEGE P.O, THIRUVANANTHAPURAM, KERALA, PIN -
695 001
3 THE DIRECTOR OF HEALTH SERVICE, STATE OF KERALA,
THIRUVANANTHAPURAM, PIN - 695 035
BY ADV GOVERNMENT PLEADER
SMT. B. VINITHA SR GP
RESPONDENT/APPLICANT IN OA:
DEEPU.T, AGED 41 YEARS, S/O THANKAPPAN.N,
WORKING AS POWER LAUNDRY ATTENDER, PRESENTLY
WORKING AT GOVERNMENT MEDICAL COLLEGE HOSPITAL,
THIRUVANANTHAPURAM, RESIDING AT DIVYA BHAVAN,
VANDAIL KONATHU VEEDU, NEDUMANGAD, KARIPPOOR,
THIRUVANANTHAPURAM, KERALA, PIN - 695 547
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME
UP FOR ADMISSION ON 12.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
O.P(KAT)No.164 of 2024
..2..
JUDGMENT
A. Muhamed Mustaque, J.
This is an unnecessary original petition filed by the Government as a result of the fact that the Government could not bring to the notice of the Kerala Administrative Tribunal as to the non existence of such a post of Assistant Foreman (Power Laundry) in Medical College Hospital. It is stated before this Court that there is no shifting of the post of Assistant Foreman (Power Laundry) from the Director Medical Education to Director of Health Service. This is a factual aspect. However, the tribunal, apparently on an assumption that there exists such a post, directed to promote the respondent, who was the applicant before the tribunal. If this has been highlighted, necessarily, the tribunal could have taken a proper decision in this matter.
2. We are of the view that in such a situation, the impugned order may be kept on hold for a period of two months. The petitioners are given liberty to move the tribunal O.P(KAT)No.164 of 2024 ..3..
to vary that order, in the light of the facts as above.
This original petition stands disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE JUDGE Sd/-
M.A.ABDUL HAKHIM JUDGE PR O.P(KAT)No.164 of 2024 ..4..
APPENDIX OF OP(KAT) 164/2024 PETITIONER ANNEXURES AnnexureA1 TRUE COPY OF THE ORDER NO.E3- 3806/2021/DME DATED 12.04.2023 OF THE 2ND PETITIONER AnnexureA2 TRUE COPY OF THE ORDER NO.E3- 3806/2021/DME DATED 18.05.2023 OF THE 2ND PETITIONER AnnexureA3 TRUE COPY OF THE ORDER NO.P1/12269/2005/GMCHT DATED 22.05.2023 OF THE SUPERINTENDENT, GMCT AnnexureA4 TRUE COPY OF THE REPRESENTATION DATED 01.06.2023 SUBMITTED BY THE RESPONDENT BEFORE THE SUPERINTENDENT, GMCT AnnexureA5 TRUE COPY OF THE LETTER NO.E1/24/2023/GMCHT DATED 19.06.2023 OF THE SUPERINTENDENT, GMC TO THE 2ND PETITIONER ExhibitP1 TRUE COPY OF THE O.A 1715/2023 ExhibitP2 TRUE COPY OF THE INTERIM ORDER OF THE TRIBUNAL DATED 07.12.2023 ExhibitP3 TRUE COPY OF THE INTERIM ORDER OF THE TRIBUNAL DATED 23.01.2024 ExhibitP4 TRUE COPY OF THE INTERIM ORDER PASSED BY THE TRIBUNAL DATED 21.02.2024 ExhibitP5 TRUE COPY OF THE GO (P) NO.548/2008/H&FWD DATED 25.10.2008 ExhibitP6 TRUE COPY OF THE GO (P) O.P(KAT)No.164 of 2024 ..5..
NO.167/2009/H&FWD DATED 17.06.2009 ExhibitP7 TRUE COPY OF THE GO (P) NO.1208/2001/FIN. DATED 22.10.2001