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Kerala High Court
State Of Kerala, Represented By Its ... vs Sanal Kumar D on 22 May, 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 S.MANU
WEDNESDAY, THE 22ND DAY OF MAY 2024 / 1ST JYAISHTA, 1946
OP(KAT) NO. 212 OF 2024
AGAINST THE ORDER DATED 25.09.2023 IN OA NO.812 OF 2024
OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/RESPONDENTS 1 TO 3 IN OA:
1 STATE OF KERALA, REPRESENTED BY ITS ADDITIONAL
CHIEF SECRETARY, HIGHER EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
KERALA., PIN - 695 001
2 SECRETARY, HIGHER EDUCATION
DEPARTMENT,GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM KERALA, PIN - 695 001
3 ADDITIONAL DIRECTOR GENERAL(NCC), NATIONAL CADET
CORPS, DIRECTORATE (K&L), COTTON HILL BUNGLOW,
THIRUVANANTHAPURAM, KERALA., PIN - 695 001
BY ADV GOVERNMENT PLEADER
VINITHA B SR GP
RESPONDENT/APPLICANTS AND RESPONDENTS 4 TO 61 IN OA:
1 SANAL KUMAR D, AGED 39 YEARS, S/O DIVAKARAN D.,
WORKING AS SENIOR CLERK, 1 KERALA BN N CC,
VARKALA, THIRUVANANTHAPURAM, PIN: 69 5141,
RESIDING AT THRIKARTHIKA, NEDIYAVARVILAKATH
VEEDU, KATTUVILA, PEYAD P O, VILAPPIL,
THIRUVANANTHAPURAM, KERALA., PIN - 695 573
2 JAMES F, AGED 55 YEARS, S/O FRANCIS FERNANDEZ,
WORKING AS SENIOR CLERK, 1 KERALA SQN N C C,
KOCHU VELI, THIRUVANANTHAPURAM, PIN: 695 084,
KERALA.084
O.P.(KAT)No.212 of 2024
..2..
3 IRJU SAGAR, AGED 40 YEARS, S/O SADANANDAN G,
PINARINMOODU VEEDU,KATTAYIKONAM P O,
THIRUVANANTHAPURAM, PIN:695 084, WORKING AS
SENIOR CLERK, 1 KERALA SQN N C C, KOCHU VELI,
THIRUVANANTHAPURAM, KERALA., PIN - 695 084
4 JAYA KUMAR U, AGED 50 YEARS, S/O P S
UNNIKRISHNAN NAIR, SREEPAKAM, SR A C-32 A, SANTI
NAGAR, KAZHAKKUTTOM, THIRUVANANTHAPURAM, PIN:
695 082, WORKING AS SENIOR CLERK, 1 KERALA SQN N
C C, KOCHU VELI, THIRUVANANTHAPURAM,KERALA, PIN
- 695 084
5 NAVAS S, AGED 45 YEARS, S/O K SHAMSUDEEN,
ROADARIKATHU VEEDU, KANYAKULANGARA, VEMBAYAM
P.O, THIRUVANANTHAPURAM, PIN: 695 615, WORKING
AS SENIOR CLERK, 1 KERALA SQN NC C, KOCHU VELI,
THIRUVANANTHAPURAM, KERALA., PIN - 695 084
6 LEENA G, AGED 48 YEARS, D/O LATE A M GOPALAN,
RESIDING AT LEKSHMI NIVAS, PANTHALAYANI,
KOYILANDY.P.O, KOZHIKKODE, PIN: 673 305, SERVICE
AS SENIOR SUPERINTENDENT AT NCC GP HQS,
KOZHIKODE NEW NCC COMPLEX, EXHIBITION ROAD, WEST
HILL, KOZHIKODE, KERALA., PIN - 673 005
7 SREEJITH R, AGED 40 YEARS, S/O D RAGHUNATHAN,
RESIDING AT VADAKKUMPURATHU VEEDU, KADAKAMPALLY
ROAD, ANAYARA P O, THIRUVANANTHAPURAM, PIN: 695
029, SERVING SENIOR SUPERINTENDENT AT NCC DTE
(K&L) TRIVANDRUM, COTTON HILL BUNGALOW, NCC
ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM, KERALA.,
PIN - 695 014
8 HASHINA BEEGUM.H, AGED 40 YEARS, W/O NUOOMAN S,
RESIDING AT SUNDUS, MANGARAM, PANDALAM,
PATHANAMTHITTA, PIN: 689 501, SERVING AS MANGAR
AT NCC GP HQ, KOTTAYAM, MUTTAMBALAM P O,
KANJIKUZHY, KOTTAYAM, KERALA., PIN - 686 004
9 RAJI P, AGED 47 YEARS, W/O REGHUNATH.N, RESIDING
AT KALATHINGAL HOUSE, FAROOK COLLEGE.P.O,
KOZHIKODE, PIN:673 632, SERVING AS SENIOR
O.P.(KAT)No.212 of 2024
..3..
SUPERINTENDENT AT NCC GP HQS, KOLLAM, THEVALLY
NAGAR, KOLLAM, KERALA., PIN - 691 009
10 E.S. SEENA, AGED 40 YEARS, D/O LATE SRI. K
GNANASEELAN, RESIDING AT EAST MAILADY HOUSE,
KULATHOOR, UCHAKKADA P O, AMARAVILA,
THIRUVANANTHAPURAM, PIN: 695 506, SERVING AS
JUNIOR SUPERINTENDENT AT 4 (K) BN NCC,
NEYYATTINKARA, PALAKKADAVU ROAD, ALUMMOODDU,
NEYYATTINKARA, THIRUVANANTHAPURAM, KERALA., PIN
- 695 121
11 S.MURALEEDHARAN, AGED 49 YEARS, S/O LATE
SASIDHARAN PILLAI, RESIDING AT JANAKI MANDIRAM,
KIZHAKKEKOLLAMPARAMBU, PAZHAVEEDU.P.O,
ALAPPUZHA, PIN: 688 009, SERVING AS JUNIOR
SUPERINTENDENT AT 11 (K) BN NCC, ALAPPUZHA,
ZACKARIA BAZAR, ALAPPUZHA, , KERALA., PIN - 688
012
12 L JAYALAKSHMI, AGED 40 YEARS, D/O SRI.
PURUSHOTHAMAN NAIR, RESIDING. AT MULLAYIL VEEDU,
VARANAM P O, ALAPPUZHA, PIN: 688 555, SERVING AS
JUNIOR SUPERINTENDENT AT 5(K) NAVAL UNIT NCC,
CHANGANASSERY, KOTTAYAM, KERALA., PIN - 686 102
13 V.M.JAYAPRAKASH, AGED 43 YEARS, S/O LATE C
GOVINDAN, RESIDING AT SREE SARVAM, THEKKUMBAD,
KOVVAPPURAM.P.O, KUNNIMANGALAM, KANNUR, PIN: 670
309, SERVING AS JUNIOR SUPERINTENDENT AT 32 (K)
BN NCC, PAYYANOOR, OLD NCC ROAD, KANNUR,
KERALA., PIN - 670 307
14 VIMAL KUMAR ANAND, AGED 39 YEARS, SERVING AS
JUNIOR SUPERINTENDENT AT NCC GP HQS, TRIVANDRUM,
PEROORKADA.P.O, THIRUVANANTHAPURAM, KERALA., PIN
- 695 005
15 K.P.SREEJITH, AGED 35 YEARS, SERVING AS SENIOR
CLERK AT 9 (K) NAVAL UNIT, KOZHIKODU, NEW NCC
COMPLEX, EXHIBITION ROAD, WEST HILL, KOZHIKODE,
KERALA., PIN - 673 005
16 SMT. CHITRA.P.L, AGED 40 YEARS, SERVING AS
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..4..
JUNIOR SUPERINTENDENT - AT NCC DTE (K&L)
TRIVANDRUM, COTTON HILL BUNGALOW, NCC ROAD,
VAZHUTHACAUD, THIRUVANANTHAPURAM, KERALA., PIN -
695 014
17 SRI. MOHAMMED RAFEEQ.P.A, AGED 49 YEARS
S/O LATE ABDUL KHADER.P.S, SERVING AS JUNIOR
SUPERINTENDENT AT 23 (K) BN NCC, THRISSUR,
COLLEGE ROAD, NCC NAGAR COMPLEX, KUTTANELLUR,
THRISSUR, KERALA., PIN - 680 014
18 ROSHINI THOMAS, AGED 39 YEARS, D/O LATE VD
THOMAS, RESIDING AT VARIATHU PARAMBIL HOUSE,
NEAR BOAT JETTY, KOTTAYAM, PIN: 686 001, SERVING
AS JUNIOR SUPERINTENDENT NCC GP HQS, KOLLAM,
THEVALLY NAGAR, KOLLAM, KERALA., PIN - 691 009
19 SMITHESH.S.R, AGED 38 YEARS, S/O LATE SIVADASAN,
SERVING AS JUNIOR SUPERINTENDENT AT NCC DTE
(K&L), TRIVANDRUM, COTTON HILL BUNGALOW, NCC
ROAD, VAZHUTHACAUD, KERALA., PIN - 695 014
20 LINDSAY RAPHEL C, AGED 38 YEARS, SERVING AS
JUNIOR SUPERINTENDENT AT 29 (K) BN NCC,
MALAPPURAM, THENHIPALAM, KERALA., PIN - 673 636
21 ANJANA J, AGED 41 YEARS, SERVING AS JUNIOR
SUPERINTENDENT SERVING AT 1 (K) BN NCC, VARKALA,
KADAKKAVOOR ROAD, VARKALA, THIRUVANANTHAPURAM,
KERALA., PIN - 695 141
22 SHARIN PT, AGED 41 YEARS, SERVING AS JUNIOR
SUPERINTENDENT AT - 1 (K) ARATHY BATTARY NCC,
THALASSERY, CHALIL, THALASSERY, KANNUR,KERALA.,
PIN - 670 104
23 PRATHIBHA.P.V, AGED 40 YEARS, SERVING AS JUNIOR
SUPERINTENDENT AT 5(K) GIRLS BN NCC,
CHANGANASSERY, REVENUE TOWER, 5 TH FLOOR,
CHANGANASSERY, KOTTAYAM, KERALA., PIN - 686 101
24 MANU.M, AGED 41 YEARS, SERVING AS JUNIOR
SUPERINTENDENT AT 3 (K) NAVAL UNIT, KOLLAM
O.P.(KAT)No.212 of 2024
..5..
ELAMBALLOOR ROAD, THEVALLY NAGAR, PALACE NAGAR,
THEVALLY, KOLLAM, KERALA., PIN - 691 009
25 GEETHA KUMARI S, AGED 55 YEARS, SERVING AS
JUNIOR SUPERINTENDENT AT- 1 (K) AIR SQN NCC,
KOCHUVELI, KARIKKAKAM.P.O, THIRUVANANTHAPURAM,
KERALA., PIN - 695 021
26 ANEESH AJAYAN J, AGED 34 YEARS, SERVING AS
JUNIOR SUPERINTENDENT AT- NCC DTE (K&L)
TRIVANDRUM, COTTON HILL BUNGALAW, NCC ROAD,
VAZHUTHACAUD, THIRUVANANTHAPURAM, KERALA., PIN -
695 014
27 GAYATHRI, AGED 31 YEARS, SERVING AS SENIOR CLERK
AT 3 (K) GIRLS BN. NCC, VADAYATTUKOTTA, KOLLAM,
KERALA., PIN - 691 001
28 DIVYA SURESH, AGED 33 YEARS, SERVING AS JUNIOR
SUPERINTENDENT AT - NCC DTE (K&L) TRIVANDRUM,
COTTON HILL BUNGALAW, NCC ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM, KERALA., PIN - 695 014
29 VIVEK.V, AGED 30 YEARS, SERVING AS SENIOR CLERK
AT NCC GP HQS, KOZHIKODE, WEST HILL, KOZHIKODE,
KERALA., PIN - 673 005
30 LATHEESH.O.P, AGED 39 YEARS
SERVING AS JUNIOR SUPERINTENDENT AT- 5(K) BN
NCC, WAYANAD-KERALA., PIN - 673 593
31 ANU KUMAR K, AGED 38 YEARS, SERVING AS SENIOR
CLERK AT 28 (K) BN NCC OTTAPALAM, CHERPPULASSERY
RD, OTTAPALAM, KERALA., PIN - 679 102
32 BAIJU V, AGED 47 YEARS,S/O LATE VAMADEVAN,
SERVING AS JUNIOR SUPERINTENDENT AT 7 (K) BN
NCC, KOLLAM, KERALA., PIN - 691 511
33 SANNU T JACOB, AGED 45 YEARS, S/O LATE SRI T C
JACOB KUTTY, RESIDING AT NALATHARA (THAITHRA)
HOUSE, THAZHATHANGADI P O, KOTTAYAM, PIN: 686
005, SERVING AS SENIOR CLERK AT NCC GP HQ
O.P.(KAT)No.212 of 2024
..6..
KOTTAYAM, MUTTAMBALAM.P.O, KANJIKUZHY, KOTTAYAM,
, KERALA., PIN - 686 004
34 SAJAN MATHEWS, AGED 35 YEARS, SERVING AS SENIOR
CLERK AT 18 (K) BN NCC, MUVATTUPUZHA, ERNAKULAM,
KERALA., PIN - 686 673
35 MANOJ.N.G, AGED 39 YEARS, RESIDING AT
NEDUNGATHURUTHIL, NEDUNGAPUZHA, ERNAKULAM, PIN:
682 306, SERVING AS SENIOR CLERK AT NCC GP HQS,
ERNAKULAM POLICE STATION BUILDING XI 11/1981,
ONGOLE HOUSE, OPPOSITE NORTH CHITTOOR RD,
ERNAKULAM, KERALA., PIN - 682 018
36 PRADEEP KUMAR.S, AGED 50 YEARS, SERVING AS
SENIOR CLERK AT 2 (K) BN NCC, THIRUMALA,
THIRUVANANTHAPURAM, , KERALA., PIN - 695 006
37 RAMA.N.J, SENIOR CLERK, 14 (K) BN NCC,
PATHANAMTHITTA, PIN: 689 645, RESIDING AT
KARAKKATTU HOUSE, ELANTHOOR P.O, PATHANAMTHITTA,
KERALA., PIN - 689 645
38 MANU.P.JAYAN, AGED 30 YEARS, SERVING AS SENIOR
CLERK AT 14 (K) BN NCC, PATHANAMTHITTA ,KERALA.,
PIN - 689 645
39 NIDHIRAJ, AGED 38 YEARS, SERVING AS SENIOR CLERK
AT 5 (K) GIRLS BN NCC, CHANGANASSERY, REVENUE
TOWER, 5 TH FLOOR, CHANGANASSERY, KOTTAYAM,
KERALA., PIN - 686 101
40 V.P.GEETHA, AGED 47 YEARS, SERVING AS SENIOR
CLERK AT NCC GP HQS, KOZHIKODE, WEST HILL,
KOZHIKODE, KERALA., PIN - 673 005
41 BINESH B CHANDRAN, AGED 40 YEARS, SERVING AS
SENIOR CLERK AT 5 (K) GIRLS BN NCC,
CHANGANASSERY, REVENUE TOWER, 5 TH FLOOR,
CHANGANASSERY, KOTTAYAM, KERALA., PIN - 686 101
42 RAJI.J.S, AGED 42 YEARS, SERVING AS SENIOR CLERK
AT 2 (K) BN NCC, THIRUMALA, THIRUVANANTHAPURAM,
O.P.(KAT)No.212 of 2024
..7..
KERALA., PIN - 695 006
43 GREESHMA.L.S, AGED 35 YEARS, SERVING AS CLERK AT
1 (K) AIR SQN NCC,. KOCHUVELI KARIKKAKAM P.O,
THIRUVANANTHAPURAM, KERALA., PIN - 695 021
44 VINU.V, AGED 45 YEARS, SERVING AS CLERK AT 5 (K)
NAVAL UNIT NCC, CHANGANASSERY, CHANGANASSERY,
KOTTAYAM, KERALA., PIN - 686 102
45 ARUN.S.B, AGED 39 YEARS, SERVING AS CLERK AT 5
(K) BN NCC, WAYANAD, KERALA., PIN - 673 593
46 DINESH M, AGED 42 YEARS, RESIDING AT ANEESH
NIVAS, FRIENDS LANE, ALUVA, ERNAKULAM, PIN: 683
108, SERVING AS CLERK AT NCC GP HQS, ERNAKULAM
POLICE STATION BUILDING XI-11/1981, ONGOLE
HOUSE, OPPOSITE NORTH, CHITTOOR RD, ERNAKULAM,
KERALA., PIN - 682 018
47 RAKESH R PILLAI, AGED 32 YEARS, SERVING AS CLERK
AT 1 (K) NAVAL UNIT NCC, AKKULAM NH BYPASS ROAD,
NEAR AKKULAM BRIDGE, KARIMANAL P.O, AKKULAM,
KERALA., PIN - 695 583
48 SANESH, AGED 45 YEARS, SERVING AS CLERK AT 32
(K) BN NCC, KANNUR, NEAR DANALAKSHMI HOSPITAL,
KAKKAD ROAD, KANNUR,KERALA., PIN - 670 005
49 APARNA.R, AGED 26 YEARS, SERVING AS CLERK AT 3
(K) GIRLS BN NCC,KOLLAM, VADAYATTUKOTTA, KOLLAM,
KERALA., PIN - 691 001
50 AKHIL MOHAN, AGED 30 YEARS, RESIDING AT THARAYIL
HOUSE, THONNALOOR, MAVELLOOR.P.O, KOTTAYAM, PIN:
686 609, SERVING AS CLERK AT 5 (K) GIRLS BN NCC,
CHANGANASSERY, REVENUE TOWER, 5 TH FLOOR,
CHANGANASSERY, KOTTAYAM, KERALA., PIN - 686 101
51 SREEJA.P.J, AGED 30 YEARS, D/O. LATE B K
PREMACHANDRAN NAIR, RESIDING AT KOLLUMURI VEEDU,
KARIMANAL P.O, KULATHOOR, THIRUVANANTHAPURAM,
PIN: 695 583, SERVING AS CLERK AT 1 (K) AIR SQN
O.P.(KAT)No.212 of 2024
..8..
NCC, KOCHUVELI, KARIKKAKAM P.O,
THIRUVANANTHAPURAM, KERALA., PIN - 695 021
52 NOOVIN JOSE, AGED 30 YEARS, S/O. LATE JOSEPH
KURIAN, RESIDING AT CLIFF HOUSE,
SACHIVOTHAMAPURAM, KURICHY P.O, KOTTAYAM, PIN:
686 532, SERVING AS CLERK AT 5 (K) NAVAL UNIT
NCC, CHANGANASSERY, KOTTAYAM, KERALA., PIN - 686
102
53 PRASANT.S.K, AGED 27 YEARS, S/O. LATE SURENDRAN,
SERVING AS CLERK AT 2 (K) BN NCC, THIRUMALA,
THIRUVANANTHAPURAM KERALA., PIN - 695 006
54 ATHIRA JAYAKUMAR, AGED 25 YEARS, D/O. LATE K
JAYA KUMAR, RESIDING AT OTTAKUZHIYIL HOUSE,
KUMBANADU P.O, THIRUVALLA VIA, PATHANAMTHITTA,
PIN: 689 547, SERVING AS CLERK AT 14 (K) BN NCC,
PATHANAMTHITTA, KERALA., PIN - 689 645
55 SALINI.N.R, AGED 44 YEARS, W/O. LATE
NAMASIVAN.V.K, RESIDING AT VALAPARAMBIL HOUSE,
KANJANI P.O, THRISSUR, PIN: 680 612, SERVING AS
CLERK AT 7 (K) GIRLS BN NCC, THRISSUR, NCC NAGAR
COMPLEX, COLLEGE ROAD, KUTTANELLUR, THRISSUR,
KERALA., PIN - 680 014
56 ARUN.P.S, AGED 25 YEARS, S/O. LATE
SASIDHARAN.P.A, RESIDING AT PATTATHUVALAPPIL
HOSUE, MINALLOR VILL, ATHANI.P.O, THRISSUR, PIN:
680 581, SERVING AS CLERK AT 24 (K) BN NCC,
THRISSUR, NCC NAGAR COMPLEX, COLLEGE ROAD,
KUTTANELLUR, THRISSUR , KERALA., PIN - 680 014
57 K.GAYATHRI, AGED 27 YEARS, D/O. LATE P N MANI,
RESIDING AT CHITRANJALI, VIJAYA NAGAR,
AYYANTHOL.P.O, THRISSUR, PIN: 680 003, SERVING
AS CLERK AT 7 (K) GIRLS BN NCC, THRISSUR, NCC
NAGAR COMPLEX, COLLEGE ROAD, KUTTANELLUR,
THRISSUR, KERALA., PIN - 680 014
58 SARANYA.B.G, AGED 30 YEARS, D/O. LATE
BALAKRISHNAN.T, SERVING AS CLERK AT 9 (K) GIRLS
BN NCC, KOZHIKODE, PIN: 673 002, NEW NCC
O.P.(KAT)No.212 of 2024
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COMPLEX, EXHIBITION ROAD, WEST HILL, KOZHIKODE,
KERALA., PIN - 673 005
59 VISHNU G R, AGED 24 YEARS, S/O. RAJASHEKARAN
NAIR, RESIDING AT VRINDHAVANAM, MEDANADA,
MALAYAM P.O, THIRUVANANTHAPURAM, PIN: 695 571,
SERVING AS CLERK AT NCC DTE (K&L) TRIVANDRUM,
COTTON HILL BUNGALAW, NCC ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM,KERALA., PIN - 695 014
60 VISHNUPRIYA.V.J, AGED 30 YEARS, D/O.
A.K.JAYAKUMAR, RESIDING AT JAYAKUMAR NIVAS,
PLAVILA, MARAYAMUTTAM P.O, NEYYATTINKARA,
THIRUVANANTHAPURAM, PIN: 695 124, SERVING AS
CLERK AT 4 (K) BN NCC, NEYYATTINKARA,
PALAKKADAVU RD, ALUMMOODU, NEYYATTINKARA,
THIRUVANANTHAPURAM, KERALA., PIN - 695 121
61 VANDHANA, AGED 23 YEARS, D/O. LATE RAVINDRAN
PILLA, SERVING AS CLERK AT NCC,GP HQS,
KOZHIKODE, WEST HILL, KOZHIKODE, KERALA., PIN -
673 005
62 DEEPTHI.K, AGED 31 YEARS, D/O. LATE DEVADAS,
SERVING AS CLERK AT 9 (K) GIRLS BN NCC,
KOZHIKODE, PIN: 673 002, NEW NCC COMPLEX,
EXHIBITION ROAD, WEST HILL, KOZHIKODE, KERALA.,
PIN - 673 005
63 RAHUL. R, AGED 32 YEARS, S/O. LATE RAJU,
RESIDING AT BUNGALAVIL, PANAYANCHERY, VADAMAN
P.O, ANCHAL, KOLLAM, PIN:691306, SERVING AS
CLERK AT 15 (K) BN NCC, THIRUVALLA,
PATHANAMTHITTA, KERALA., PIN - 689 101
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME
UP FOR ADMISSION ON 22.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
O.P.(KAT)No.212 of 2024
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JUDGMENT
A. Muhamed Mustaque, J.
The State has come up with this original petition challenging an order of the Kerala Administrative Tribunal.
The party respondents approached the tribunal challenging the regularisation of those persons who are appointed under the Compassionate Employment Scheme in NCC Department.
According to them, the regularisation resulted in excess quota earmarked for appointment under the Compassionate Employment Scheme.
2. The Government appears to have rejected their complaint by Annexure A11. As a result, the party respondents approached the Government. The tribunal, after adverting to the facts and circumstances, found that the Government had not adverted to Annexure A7 and finding of the tribunal in Annexures A8 and A9 judgments, directing the Government to re-consider the matter afresh.
It is to be noted that the tribunal only directed the O.P.(KAT)No.212 of 2024 ..11..
Government to consider the matter afresh after hearing all aggrieved persons. There was a further direction to consider re-assigning of the seniority, based on the outcome of such decision. There is no direction to re-assign the seniority as such. The tribunal only directed to consider the re-
assignment of seniority after the consideration of the grievances raised by the party respondents. In such circumstances, there is no scope for interference by this Court. We make it clear that all the persons likely to be affected shall be heard before passing such order. Therefore, the original petition stands dismissed.
Sd/-
A.MUHAMED MUSTAQUE JUDGE Sd/-
S.MANU JUDGE PR O.P.(KAT)No.212 of 2024 ..12..
APPENDIX OF OP(KAT) 212/2024 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE GO (P) NO. 12/99/P&ARD DATED, THIRUVANANTHAPURAM 24/05/1999 ISSUED BY PERSONAL AND ADMINISTRATIVE REFORMS DEPARTMENT.
Annexure A2 TRUE COPY OF THE GO (MS)NO. 84/62/ EDN.
DATED TRIVADRUM 27/01/1962 ISSUED FROM THE OFFICE OF THE 1 ST PETITIONER.
Annexure A3 TRUE COPY OF THE GO (MS)NO. 108/2001/ HEDN DATED, THIRUVANANTHAPURAM 07/09/2001 ISSUED FROM THE OFFICE OF THE 1 ST PETITIONER.
Annexure A4 TRUE COPY OF THE RELEVANT PAGES OF ARTICLE 69 VOUME 1 OF THE KERALA FINANCE CODE.
Annexure A5 TRUE COPY OF THE GO (MS) NO. 22/2014/P&ARD DATED, THIRUVANANTHAPURAM 21/07/2014 ISSUED BY PERSONAL AND ADMINISTRATIVE REFORMS DEPARTMENT.
Annexure A6 TRUE COPY OF THE LETTER NO. 3936/A2- EST/2013/NCC DATED 02/08/2013 ISSUED BY 3 RD PETITIONER TO ADDITIONAL CHIEF SECRETARY TO GOVERNMENT HIGHER EDUCATION (A) DEPARTMENT.
Annexure A7 TRUE COPY FOR THE COMMUNICATION WITH NO.A2/217/2019 H.EDN. DATED 21/12/2019, THIRUVANANTHAPURAM ISSUED BY GOVERNMENT PRINCIPAL SECRETARY HIGHER EDUCATION DEPARTMENT TO ADDITIONAL DIRECTOR GENERAL NCC AND ITS TYPED COPY Annexure A8 TRUE COPY OF THE ORDER PASSED BY THE TRIBUNAL IN OA (EKM) 1272/2018 AND CONNECTED CASES DATED 29/06/2018.
Annexure A9 TRUE COPY OF THE JUDGMENT IN OP(KAT) NO.
O.P.(KAT)No.212 of 2024..13..
25 OF 2019 DATED 10/04/2019.
Annexure A10 TRUE COPY OF ORDER PASSED BY THE TRIBUNAL IN OA (EKM) 1512/2019 DATED 14/02/2020.
Annexure A11 TRUE COPY OF GO(RT) NO. 390/2021/HEDN DATED THIRUVANANTHAPURAM 01/03/2021 ISSUED FROM THE OFFICE OF THE 2 ND PETITIONER.
Annexure A12 TRUE COPY OF PROVISIONAL SENIORITY LIST WITH NO. 1398/A2-EST/2016/NCC DATED 16/03/2021 PERTAINING TO CLERKS PROMULGATED BY OFFICE OF THE 3 RD PETITIONER.
Annexure A13 TRUE COPY OF FINAL SENIORITY LIST PERTAINING TO SENIOR CLERKS WITH NO. 195/A3-EST/2020/NCC DATED 10/11/2020 RESPONDENT PROMULGATED BY THE OFFICE OF THE 3 RD PETITIONER.
Annexure A14 TRUE COPY OF FINAL SENIORITY LIST PERTAINING TO JUNIOR SUPERINTENDENT WITH NO.651/A1- EST/2021/NCC DATED 04/03/2021 PROMULGATED BY THE OFFICE OF THE 3 RD PETITIONER.
Annexure A15 TRUE COPY OF FINAL SENIORITY LIST PERTAINING TO SENIOR SUPERINTENDENT WITH NO.650/A1- EST/2021/NCC DATED 05/03/2021 PROMULAGED BY THE OFFICE OF THE 3 RD PETITIONER.
Annexure R3(a) TRUE COPY OF GO(RT) NO.390/2021/H.EDN DATED 01/03/2021.
Annexure R3(b) TRUE COPY OF GO (MS) NO 108/2001/HEDN DATED 07.09.2001.
Annexure R3(c) TRUE COPY OF ORDER DATED 14.02.2020 IN OA (EKM) NOS.1512,1659 AND 1674 OF 2019 OF THE TRIBUNAL.
Annexure A16 TRUE COPY OF ORDER NO.1806/ A2- EST/2018/NCC THIRUVANANTHAPURAM DATED 29/11/2018 ISSUED FROM THE OFFICE OF THE 3 O.P.(KAT)No.212 of 2024 ..14..
RD PETITIONER.
Annexure A17 TRUE COPY OF RIGHT TO INFORMATION FORWARDED BY SHIVAKUMAR.K.V DATED 07/04/2010 TO THE STATE PUBLIC INFORMATION OFFICER, NCC DIRECTORATE.
Annexure A17(a) TRUE COPY OF ANSWER RECEIVED FROM STATE PUBLIC INFORMATION OFFICER WITH NO. 01/A3- EST/2010/NCC DATED 23.04.2010.
Exhibit P1 TRUE COPY OF O.A NO. 812/2021 ALONG WITH ANNEXURES.
Exhibit P2 TRUE COPY OF REPLY STATEMENT FILED ON 16.09.2021 BY THE THIRD PETITIONER HEREIN ALONG WITH ANNEXURES IN THE ORIGINAL APPLICATION.
Exhibit P3 TRUE COPY OF REPLY STATEMENT FILED ON 22.03.2022 BY THE FIRST PETITIONER HEREIN IN THE ORIGINAL APPLICATION.
Exhibit P4 TRUE COPY OF REJOINDER FILED ON 28.09.2022 BY THE RESPONDENTS 1 TO 5 HEREIN ALONG WITH ANNEXURES IN THE ORIGINAL APPLICATION.
Exhibit P5 TRUE COPY OF THE IMPUGNED ORDER DATED 25- 09-2023 IN O.A NO.812/2021 OF THE KERALA ADMINISTRATIVE TRIBUNAL