Kerala High Court
Swamydas P.D vs State Of Kerala on 5 June, 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 MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
OP(KAT) NO. 63 OF 2024
AGAINST THE ORDER DATED 02.02.2024 IN OA NO.157 OF 2024 OF KERALA
ADMINISTRATIVE TRIBUNAL AT THIRUVANANTHAPURAM (ADDITIONAL BENCH,
ERNAKULAM)
PETITIONERS/APPLICANTS :
1 SWAMYDAS P.D,
AGED 46 YEARS
S/O. DEVADAS.P.V, SPECIAL GRADE INSPECTOR,
OFFICE OF THE ASSISTANT REGISTRAR (GENERAL)
OF CO-OPERATIVE, TIRUR, MALAPPURAM
RESIDING AT SANTHOSH BHAVAN, KARTHALA,
THOZHUVANNOR. P.O., VALANCHERRY,
MALAPPURAM -676552, PIN - 676101
2 MOLLY C.P.,
AGED 53 YEARS
D/O.C.C.POULOSE (LATE), SENIOR SPECIAL GRADE
INSPECTOR/LECTURER CO-OPERATIVE TRAINING CENTRE
THRISSUR, CIVIL LINE ROAD, AYYANTHOLE, CHUNGAM,
POOTHOLE.P.O., THRISSUR RESIDING AT POOVATHINGAL HOUSE,
ARTHAT.P.O., KUNNAMKULAM(VIA), THRISSUR - 680521, PIN -
680004
3 VIJAYAMBIKA K.N,
AGED 47 YEARS, D/O.P.C.NANU,
SPECIAL GRADE AUDITOR/OFFICE AUDITOR
OFFICE OF THE MUKUNDAPURAM ASSISTANT
DIRECTOR OF CO-OPERATIVE AUDIT,
IRINJALAKUDA P.O., THRISSUR -
RESIDING AT KONIKKARA HOUSE,
EAST NADA, IRINJALAKUDA.P.O,
THRISSUR - 680121, PIN - 680121
4 MOIDEEN KUTTY PAMBODAN,
AGED 49 YEARS
S/O.MOHAMMED (LATE),
SENIOR SPECIAL GRADE AUDITOR
(VAZHAYOOR SCB GROUP) OFFICE OF THE
ASSISTANT DIRECTOR OF CO-OPERATIVE
(AUDIT) MAJERI.P.O., KACHERIPADI,
MALAPPURAM RESIDING AT PALLYALITHODI HOUSE,
NEERAD, MUTHUVALLUR.P.O.,
O.P.(KAT)Nos.63 and 117 of 2024
2
MALAPPURAM - 673638, PIN - 676121
BY ADVS.
M.R.SABU
P.RAVINDRAN (SR.)
LAKSHMI RAMADAS
APARNA RAJAN
SREEDHAR RAVINDRAN
RESPONDENTS/RESPONDENTS :
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF CO-OPERATION, SECRETARIAT,
THIRUVANTHAPURAM, PIN - 695001
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
JAWAHAR SAHAKARANA BHAVAN, THIRUVANANTHAPURAM, PIN -
695014
3 DEPARTMENTAL PROMOTION COMMITTEE (DPC) FOR PROMOTION
TO THE POST OF ASSISTANT REGISTRAR OF THE CO-
OPERATIVE SOCIETIES
REPRESENTED BY ITS CONVENER,
REGISTRAR OF THE CO-OPERATIVE SOCIETIES,
OFFICE OF THE REGISTRAR OF THE CO-OPERATIVE
SOCIETIES, JAWAHAR SAHAKARANA BHAVAN,
THIRUVANANTHAPURAM, PIN - 695014
4 RADHAKRISHNAN K,
SPECIAL GRADE AUDITOR, OFFICE OF ASSISTANT DIRECTOR
OF CO-OPERATIVE (AUDIT),
NEDUMANGAD REVENUE TOWER, NEDUMANGAD,
THIRUVANANTHAPURAM -
RESIDING AT NANDHANAM, NAGACHERY, ANAD,
NEDUMANGAD.P.O.,
THIRUVANANTHAPURAM - 695541, PIN - 695041
5 OLIVER J,
ASSISTANT REGISTRAR (GENERAL)
ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE,
THIRURANGADI, MALAPPURAM, PIN - 676306
6 RASIYA S,
SPECIAL GRADE AUDITOR,
OFFICE OF THE ASSISTANT DIRECTOR OF
CO-OPERATIVE AUDIT, KARUNAGAPPALLY,
KOLLAM-, PIN - 690518
O.P.(KAT)Nos.63 and 117 of 2024
3
7 USHAKUMARI.M.V.,
SPECIAL GRADE AUDITOR,
OFFICE OF THE ASSISTANT DIRECTOR OF
CO-OPERATIVE AUDIT, KANNUR, PIN - 670002
8 SANTHOSHKUMAR K.B.,
SPECIAL GRADE INSPECTOR,
OFFICE OF THE ASSISTANT REGISTRAR OF
CO-OPERATIVE, THALAPPILLY NOW WORKING AT OFFICE OF
THE JOINT REGISTRAR OF CO-OPERATIVE GENERAL,
THRISSUR -, PIN - 680503
BY ADVS.
LINDONS C.DAVIS
E.U.DHANYA(K/672/2006)
N.S.SHAMILA(K/222/2016)
CHINJU P. JOYIES(K/894/2016)
SRI.A.J.VARGHESE, SR.GOVERNMENT PLEADER
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY
HEARD ON 05.06.2024, ALONG WITH OP(KAT).117/2024, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(KAT)Nos.63 and 117 of 2024
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
OP(KAT) NO. 117 OF 2024
AGAINST THE ORDER DATED 02.02.2024 IN OA NO.157 OF 2024 OF
KERALA ADMINISTRATIVE TRIBUNAL AT THIRUVANANTHAPURAM
(ADDITIONAL BENCH, ERNAKULAM)
PETITIONERS/ADDITIONAL RESPONDENTS 9 & 10:
1 BIBIN K BABY,
AGED 41 YEARS
S/O.BABY JOSEPH, ASSISTANT DIRECTOR,
OFFICE OF THE JOINT DIRECTOR OF CO-OPERATIVE AUDIT,
2ND FLOOR, CIVIL STATION, PALAKKAD (RESIDING AT
KOZHIKUNNEL (H), THAIKKATTUKARA.P.O.,
AMBATTUKAVU EAST,
ALUVA, ERNAKULAM, PIN - 678001
2 VANAJA C,
AGED 45 YEARS
W/O.SIDHARTHAN, SPECIAL GRADE AUDITOR,
OFFICE OF THE ASSISTANT DIRECTOR OF
CO-OPERATIVE AUDIT, MINI CIVIL STATION,
CHITTUR, PALAKKAD, RESIDING AT "ROHINI",
CHENGANAMKODE, CHITTUR, PALAKKAD, PIN - 678101
BY ADV P.DEEPAK
RESPONDENTS/APPLICANTS & RESPONDENTS 1 TO 8 :
1 SWAMYDAS P.D.,
AGED 46 YEARS
S/O.DEVADAS.P.V., SPECIAL GRADE INSPECTOR,
OFFICE OF THE ASSISTANT REGISTRAR (GENERAL)
OF CO-OPERATIVE, TIRUR, MALAPPURAM,
RESIDING AT SANTHOSH BHAVAN, KARTHALA,
THOZHUVANNOR.P.O.,VALANCHERRY,
MALAPPURAM, PIN - 676101
O.P.(KAT)Nos.63 and 117 of 2024
5
2 MOLLY C.P.,
AGED 53 YEARS
D/O.C.C.POULOSE (LATE),
SENIOR SPECIAL GRADE INSPECTOR/LECTURER
CO-OPERATIVE TRAINING CENTRE THRISSUR,
CIVIL LINE ROAD, AYYANTHOLE,
CHUNGAM, POOTHOLE.P.O., THRISSUR
RESIDING AT POOVATHINGAL HOUSE, ARTHAT.P.O.,
KUNNAMKULAM(VIA), THRISSUR, PIN - 680004
3 VIJAYAMBIKA K.N,
AGED 47 YEARS, D/O.P.C.NANU,
SPECIAL GRADE AUDITOR/OFFICE AUDITOR,
OFFICE OF THE MUKUNDAPURAM ASSISTANT
DIRECTOR OF CO-OPERATIVE AUDIT,
IRINJALAKUDA P.O., THRISSUR -
RESIDING AT KONIKKARA HOUSE,
EAST NADA, IRINJALAKUDA.P.O,
THRISSUR, PIN - 680121
4 MOIDEEN KUTTY PAMBODAN,
AGED 49 YEARS
S/O.MOHAMMED (LATE),
SENIOR SPECIAL GRADE AUDITOR
(VAZHAYOOR SCB GROUP) OFFICE OF THE
ASSISTANT DIRECTOR OF CO-OPERATIVE (AUDIT),
MAJERI.P.O., KACHERIPADI,
MALAPPURAM- RESIDING AT PALLYALITHODI HOUSE,
NEERAD, MUTHUVALLUR.P.O.,
MALAPPURAM, PIN - 676121
5 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF CO-OPERATION,
SECRETARIAT, THIRUVANTHAPURAM,
PIN - 695001
6 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
JAWAHAR SAHAKARANA BHAVAN,
THIRUVANANTHAPURAM -, PIN - 695014
7 DEPARTMENTAL PROMOTION COMMITTEE (DPC) FOR PROMOTION
TO THE POST OF ASSISTANT REGISTRAR OF THE
CO-OPERATIVE SOCIETIES,
REPRESENTED BY ITS CONVENER,
REGISTRAR OF THE CO-OPERATIVE SOCIETIES,
OFFICE OF THE REGISTRAR OF THE CO-OPERATIVE
SOCIETIES, JAWAHAR SAHAKARANA BHAVAN,
THIRUVANANTHAPURAM, PIN - 695014
O.P.(KAT)Nos.63 and 117 of 2024
6
8 RADHAKRISHNAN K,
SPECIAL GRADE AUDITOR,
OFFICE OF ASSISTANT DIRECTOR OF CO-OPERATIVE
(AUDIT), NEDUMANGAD REVENUE TOWER,
NEDUMANGAD, THIRUVANANTHAPURAM -
RESIDING AT NANDHANAM, NAGACHERY, ANAD,
NEDUMANGAD.P.O., THIRUVANANTHAPURAM,
PIN - 695541
9 OLIVER J,
ASSISTANT REGISTRAR (GENERAL)
ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE,
THIRURANGADI, MALAPPURAM -, PIN - 676306
10 RASIYA S,
SPECIAL GRADE AUDITOR,
OFFICE OF THE ASSISTANT DIRECTOR OF
CO-OPERATIVE AUDIT, KARUNAGAPPALLY,
KOLLAM, PIN - 690518
11 USHAKUMARI.M.V.,
SPECIAL GRADE AUDITOR,
OFFICE OF THE ASSISTANT DIRECTOR OF
CO-OPERATIVE AUDIT, KANNUR, PIN - 670002
12 SANTHOSHKUMAR K.B.,
SPECIAL GRADE INSPECTOR,
OFFICE OF THE ASSISTANT REGISTRAR OF
CO-OPERATIVE, THALAPPILLY NOW WORKING AT OFFICE OF
THE JOINT REGISTRAR OF CO-OPERATIVE GENERAL,
THRISSUR -, PIN - 680503
BY ADVS.
LINDONS C.DAVIS
E.U.DHANYA(K/672/2006)
N.S.SHAMILA(K/222/2016)
CHINJU P. JOYIES(K/894/2016)
SRI.A.J.VARGHESE, SR.GOVERNMENT PLEADER
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY
HEARD ON 05.06.2024, ALONG WITH OP(KAT).63/2024, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(KAT)Nos.63 and 117 of 2024
7
JUDGMENT
A.Muhamed Mustaque, J.
These original petitions were filed by the parties in OA No.157 of 2024 on the file of the Kerala Administrative Tribunal, Thiruvananthapuram (Additional Bench, Ernakulam). They challenge a revised select list for the promotion in the post of Assistant Registrar of Co-operative Department. The challenge is regarding the inclusion of differently abled candidates.
2. According to the applicants, they were not included in the original select list and they were included subsequently in the list based on a challenge made by the fourth respondent in OA.
However, it is submitted that the fourth respondent is not included in the list. According to the applicants, the inclusion of differently abled candidates is in excess of the quota prescribed for them under the Rights of Persons with Disabilities Act, 2016. They sought stay of proceedings based on Annexure-A10. That was declined.
Apprehending that the promotion will be effected by including the promotion of differently abled candidates, the petitioners approached this Court.
O.P.(KAT)Nos.63 and 117 of 2024 8
3. It is submitted by the learned Government Pleader that there exist 77 vacancies in the post of Assistant Registrar and therefore, promotion will have to be effected.
4. The learned counsel for the fourth respondent and others submitted that the only issue to be decided by the Tribunal is that whether quota for the disabled persons will have to be reckoned based on the vacancies exist or not. The learned senior counsel submitted that it has to be reckoned based on cadre strength. This is the only issue to be decided by the Tribunal. We cannot answer this issue in this case in as much as that the original petition itself is pending before the Tribunal.
5. Therefore, in the light of the facts and circumstances as above, we pass the following orders;
The Government is free to promote candidates in the select list except candidates 5 to 8. However, four vacancies in the post of the Assistant Registrar shall not be filled and the Government will have to wait till a decision is taken in these matters. The Government also have a case in the inclusion of the differently abled candidates in excess of the quota prescribed for the disabled candidates.
O.P.(KAT)Nos.63 and 117 of 2024 9
6. In the light of the short issue involved and taking note of the fact that four vacancies are now kept on hold, we request the Tribunal to dispose the matter itself at the earliest.
7. The learned counsel for the fourth respondent fervently pleaded before us that this Court may direct the Tribunal to dispose the matter in a time bound manner. We will not be justified in issuing any direction to the Tribunal to dispose the case in a time bound manner. However, nothing prevent the petitioner to approach the Tribunal for early disposal of the case. The learned counsel for the appellants also submitted that they will co-operate with the early disposal of the case. Taking note of the nature of the issue, we also request the Tribunal to dispose the matter at the earliest.
With the above direction, O.P.(KAT)Nos.63 of 2024 and 117 of 2024 are disposed of.
Sd/-
A.MUHAMED MUSTAQUE JUDGE Sd/-
SHOBA ANNAMMA EAPEN JUDGE rkj O.P.(KAT)Nos.63 and 117 of 2024 10 APPENDIX OF OP(KAT) 63/2024 PETITIONER ANNEXURES Annexure-A1 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 2ND RESPONDENT DATED 03.08.2022 Annexure-A2 TRUE COPY OF THE INTERIM ORDER IN O.A.NO.1358/2023 DATED 24.07.2023 Annexure-A3 TRUE COPY OF THE JUDGMENT IN O.P.(KAT) NO.330/2023 DATED 04.08.2023 Annexure-A4 TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE INFORMATION OFFICER, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES DATED 11.12.2023 Annexure-A5 TRUE COPY OF THE REPLY RECEIVED FROM THE INFORMATION OFFICER, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES DATED 12.01.2024 Annexure-A6 TRUE COPY OF THE REPLY RECEIVED FROM THE INFORMATION OFFICER, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES DATED 20.01.2024 Annexure-A7 TRUE COPY OF THE MINUTES OF THE MEETING OF THE DEPARTMENTAL PROMOTION COMMITTEE DATED 07.08.2023 Annexure-A8 TRUE COPY OF THE MINUTES OF THE MEETING OF THE AD-HOC DEPARTMENTAL PROMOTION COMMITTEE DATED 16.12.2023 Annexure-A9 TRUE COPY OF THE ORDER OF THE GOVERNMENT G.O.(P) NO.6/2023/SJD DATED 26.10.2023 Annexure-A10 TRUE COPY OF THE REVISED SELECT LIST OF SENIOR INSPECTORS/AUDITORS OF CO-OPERATIVE SOCIETIES FOR PROMOTION TO THE CADRE OF ASSISTANT REGISTRAR NOTIFICATION DATED 09.01.2024 Annexure-A11 TRUE COPY OF THE NOTIFICATION NO.RCS/9381/ 2022-EB(5) DATED 26.08.2023 PUBLISHING SELECT LIST Exhibit-P1 TRUE COPY OF THE NOTIFICATION NO.RCS/9381/2022-EB(5) DATED 26.08.2023 O.P.(KAT)Nos.63 and 117 of 2024 11 Exhibit-P2 TRUE COPY OF THE INTERIM ORDER IN O.A.NO.1358/2023 DATED 24.07.2023 Exhibit-P3 TRUE COPY OF THE JUDGMENT IN O.P.(KAT) NO.330/2023 DATED 04.08.2023 Exhibit-P4 TRUE COPY OF THE GOVERNMENT ORDER G.O.(P) NO.7/2022/SJD DATED 28.10.2022 ALONG WITH RELEVANT EXTRACT OF ANNEXURE-AI Exhibit-P5 TRUE COPY OF THE REVISED SELECT LIST OF SENIOR INSPECTORS/AUDITORS OF CO-OPERATIVE SOCIETIES FOR PROMOTION TO THE CADRE OF ASSISTANT REGISTRAR NOTIFICATION DATED 09.01.2024 Exhibit-P6 TRUE COPY OF THE MINUTES OF THE MEETING OF THE AD-HOC DEPARTMENTAL PROMOTION COMMITTEE DATED 16.12.2023 Exhibit-P7 TRUE COPY OF THE ORDER OF THE GOVERNMENT G.O.(P) NO.6/2023/SJD DATED 26.10.2023 Exhibit-P8 TRUE COPY OF THE O.A.NO.157/2024 FILED BY THE PETITIONERS BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH DATED 30.01.2024 Exhibit-P9 TRUE COPY OF THE ORDER IN I.A.NO.157/2024 BY THE KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH DATED 02.02.2024 Exhibit P10 TRUE COPY OF THE NOTIFICATION NO.RCS8069/2023-EB (5) DATED 20.05.2024 ISSUED BY THE GOVERNMENT O.P.(KAT)Nos.63 and 117 of 2024 12 APPENDIX OF OP(KAT) 117/2024 PETITIONER ANNEXURES Annexure-A1 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 2ND RESPONDENT DATED 03.08.2022 Annexure-A2 TRUE COPY OF THE INTERIM ORDER IN O.A.NO.1358/2023 DATED 24.07.2023 Annexure -A3 TRUE COPY OF THE JUDGMENT IN O.P.(KAT) NO.330/2023 DATED 04.08.2023 Annexure-A4 TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE INFORMATION OFFICER, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES DATED 11.12.2023 Annexure-A5 TRUE COPY OF THE REPLY RECEIVED FROM THE INFORMATION OFFICER, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES DATED 12.01.2024 Annexure-A6 TRUE COPY OF THE REPLY RECEIVED FROM THE INFORMATION OFFICER, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES DATED 20.01.2024 Annexure-A7 TRUE COPY OF THE MINUTES OF THE MEETING OF THE DEPARTMENTAL PROMOTION COMMITTEE DATED 07.08.2023 Annexure-A8 TRUE COPY OF THE MINUTES OF THE MEETING OF THE AD-HOC DEPARTMENTAL PROMOTION COMMITTEE DATED 16.12.2023 Annexure-A9 TRUE COPY OF THE ORDER OF THE GOVERNMENT G.O.(P) NO.6/2023/SJD DATED 26.10.2023 Annexure-A10 TRUE COPY OF THE REVISED SELECT LIST OF SENIOR INSPECTORS/AUDITORS OF CO-OPERATIVE SOCIETIES FOR PROMOTION TO THE CADRE OF ASSISTANT REGISTRAR DATED 09.01.2024 Annexure-A11 TRUE COPY OF THE NOTIFICATION NO.RCS/9381/2022-EB(5) DATED 26.08.2023 PUBLISHING SELECT LIST Exhibit-P1 TRUE COPY OF THE NOTIFICATION NO.RCS/9381/ 2022-EB(5) DATED 26.08.2023 Exhibit-P2 TRUE COPY OF THE INTERIM ORDER IN O.A.NO.1358/2023 DATED 24.07.2023 O.P.(KAT)Nos.63 and 117 of 2024 13 Exhibit-P3 TRUE COPY OF THE JUDGMENT IN O.P.(KAT) NO.330/2023 DATED 04.08.2023 Exhibit-P4 TRUE COPY OF THE GOVERNMENT ORDER G.O.(P) NO.7/2022/SJD DATED 28.10.2022 ALONG WITH RELEVANT EXTRACT OF ANNEXURE-AI Exhibit-P5 TRUE COPY OF THE MINUTES OF THE MEETING OF THE AD-HOC DEPARTMENTAL PROMOTION COMMITTEE DATED 16.12.2023 Exhibit-P6 TRUE COPY OF THE NOTIFICATION DATED 09.01.2024 NO.RCS/10088/2023-EB(5) ISSUING REVISED SELECT LIST OF SENIOR INSPECTORS/AUDITORS OF CO-OPERATIVE SOCIETIES FOR PROMOTION TO THE CADRE OF ASSISTANT REGISTRAR Exhibit-P7 TRUE COPY OF THE AMENDED O.A.NO.157/2024 FILED BY RESPONDENTS 1 TO 4 BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH DATED 30.01.2024 Exhibit-P8 TRUE COPY OF THE ORDER IN O.A.NO.157/2024 BY THE KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH DATED 02.02.2024 Exhibit-P9 TRUE COPY OF THE ORDER IN O.P.(KAT) NO.63/2024 DATED 13.02.2024