Beena. P vs State Of Kerala

Kerala High Court

Beena. P vs State Of Kerala on 24 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
        FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
                      OP(KAT) NO. 189 OF 2024
AGAINST THE INTERIM ORDER DATED 09.04.2024 IN MA(EKM)NO.627/2024
IN OA (EKM) NO.1844 OF 2020 OF KERALA ADMINISTRATIVE TRIBUNAL AT
          THIRUVANANTHAPURAM (ADDITIONAL BENCH, ERNAKULAM)
PETITIONER/APPLICANT IN O.A.:

            BEENA. P
            CURRENTLY WORKING AS OFFICE ATTENDANT
            GHSS VYTHIRI, WAYANAD-673576
            RESIDING AT SRUTHILAYAM,
            CHUZHALI KALPETTA, WAYANADU - 673121
            BY ADVS.
            A.L.NAVANEETH KRISHNAN
            ASWATHY KRISHNAN
            KAVYA VARMA M. M.


RESPONDENTS/RESPONDENTS IN O.A.:

    1       STATE OF KERALA
            REPRESENTED BY ITS SECRETARY
            DEPARTMENT OF GENERAL EDUCATION SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695001
    2       THE DISTRICT COLLECTOR
            WAYANAD CIVIL STATION,
            KALPETTA, WAYANAD, PIN - 673121
    3       THE DISTRICT EDUCATION OFFICER
            DEPARTMENT OF GENERAL EDUCATION
            CIVIL STATION, WAYANAD, PIN - 673121
    4       THE DEPUTY DIRECTOR OF EDUCATION
            DEPARTMENT OF GENERAL EDUCATION
            DDE OFFICE, CIVIL STATION, WAYANAD, PIN - 673121
    5       KERALA PUBLIC SERVICE COMMISSION
            REPRESENTED BY SECRETARY,
            KERALA PUBLIC SERVICE COMMISSION,
            PATTOM, THIRUVANANTHAPURAM,
            PIN - 695004
 OP(KAT)No.189 of 2024
                                       2

        6         THE DISTRICT OFFICER
                  KERALA PUBLIC SERVICE SERVICE
                  COMMISSION DISTRICT OFFICE,
                  KOZHIKODE CIVIL STATION, KOZHIKODE,
                  PIN - 673020
        7         THE DISTRICT OFFICER
                  KERALA PUBLIC SERVICE COMMISSION DISTRICT OFFICE,
                  KASARGODE TIGER HILLS, BUILDING NO. KMC XI-38-D,
                  MUNCIPAL ROAD, PULIKUNNU,
                  KASARGOD, PIN - 671121
                  BY SMT.MARY BEENA JOSEPH, SR.GOVERNMENT PLEADER
         THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR     ADMISSION       ON   24.05.2024,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 OP(KAT)No.189 of 2024
                                       3



                               JUDGMENT

A.Muhamed Mustaque, J.

The petitioner has approached this Court as she was not included in the list of candidate for the interview scheduled on 17.04.2024 for the selection in the post of HSA (Malayalam). By interim order of this Court dated 16.04.2024, the petitioner was included. The original petition is pending before the Tribunal. Therefore, making the interim order dated 16.04.2024 as absolute and subject to outcome of original application pending before the Tribunal, we dispose this original petition.

The original petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE Sd/-

S.MANU, JUDGE rkj OP(KAT)No.189 of 2024 4 APPENDIX OF OP(KAT) 189/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE OA(EKM) NO. 1844/2020 ALONG WITH ITS ANNEXURES DATED 15.11.2020 Exhibit P2 TRUE COPY OF THE MA(EKM) NO. 2223/2022 DATED 02.12.2022 ALONG WITH ITS ANNEXURES Exhibit P3 TRUE COPY OF THE REPLY STATEMENT OF THE 4TH RESPONDENT DATED 29.08.2022 Exhibit P4 TRUE COPY OF THE MA(EKM) NO. 2237/2022 DATED 09.12.2022 ALONG WITH ITS ANNEXURES Exhibit P5 TRUE COPY OF THE MA(EKM) NO.638/2023 DATED 27.03.2023 ALONG WITH ITS ANNEXURES Exhibit P6 TRUE COPY OF THE MA(EKM) NO. 137/2024 DATED 20.01.2024 ALONG WITH ITS ANNEXURES Exhibit P7 TRUE COPY OF THE MA(EKM) NO. 251/2024 DATED 01.02.2024 ALONG WITH ITS ANNEXURES Exhibit P8 TRUE COPY OF THE MA(EKM) NO. 252/2024 DATED 01.02.2024 Exhibit P9 TRUE COPY OF THE MA(EKM) NO. 329/2024 ALONG WITH ITS ANNEXURES Exhibit P10 TRUE COPY OF THE INTERIM ORDER DATED 29.02.2024 IN MA(EKM) NO.329/2024 IN OA(EKM) NO.1844/2020 Exhibit P11 TRUE COPY OF THE REJOINDER DATED 06.03.2024 ALONG WITH ITS ANNEXURES Exhibit P12 TRUE COPY OF THE MA(EKM) NO. 607/2024 DATED 04.04.2024 Exhibit P13 TRUE COPY OF THE MA(EKM) NO. 608/2024 DATED 04.04.2024 ALONG WITH ITS ANNEXURES Exhibit P14 TRUE COPY OF THE ORDER DATED 09.04.2024 IN MA(EKM) NO. 607/2024 IN OA(EKM) NO.

ANNEXURE A1 TRUE COPY OF THE EFOWARDING LETTER DATED 18.8.2015 WITH APPLICATION ANNEXURE A2 TRUE COPY OF THE ORDER GO(MS) NO.4/PUBLIC DATED 2.1.1961 ANNEXURE A3 TRUE COPY OF THE REQUEST DATED 20.4.2018 SUBMITTED TO THE 2ND RESPONDENT ANNEXURE A4 TRUE COPY OF THE COMMUNICATION DATED 25.4.2018 ISSUED BY THE 2ND RESPONDENT ANNEXURE A5 TRUE COPY OF THE COMMUNICATION NO.A1/6063/2018(C) DATED 7.5.2018 ISSUED BY THE 4TH RESPONDENT OP(KAT)No.189 of 2024 5 ANNEXURE A6 TRUE COPY OF THE APPLICATION DATED 29.6.2017 SUBMITTED TO THE OFFICE OF THE 4TH RESPONDENT ANNEXURE A7 TRUE COPY OF THE REPLY NO.A/9535/2017/LDS DATED 28.7.2017 ISSUED BY THE 2ND RESPONDENT ANNEXURE A8 TRUE COPY OF THE ORDER DATED 3.10.2018 IN OA(EKM) NO.1835 OF 2018 ANNEXURE A9 TRUE COPY OF THE ORDER NO.A1/5266/2014 DATED 15.2.2019 ISSUED BY THE 4TH RESPONDENT ANNEXURE A10 TRUE COPY OF THE APPLICATION DATED 23.11.2018 SUBMITTED TO THE OFFICE OF THE 4TH RESPONDENT ANNEXURE A11 TRUE COPY OF THE REPLY NO.A1/17207/2018 DATED 29.11.2018 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT ANNEXURE A12 TRUE COPY OF THE ORDER NO.A15266/2014 DATED 17.8.2019 AT THE OFFICE OF THE 4TH RESPONDENT ANNEXURE A13 TRUE COPY OF THE ORDER DATED 3.9.2019 ISSUED BY THE 2ND RESPONDENT ANNEXURE A14 TRUE COPY OF THE ORDER NO.A1/15369/2018 DATED 19.11.2018 OF THE 4TH RESPONDENT ANNEXURE A15 TRUE COPY OF THE APPLICATION DATED 21.10.2019 WITH FORWARDING NOTE DATED 22.10.2019 SUBMITTED BY THE APPLICANT ANNEXURE A16 TRUE COPY OF THE COMMUNICATION NO.A4/15112/2019 DATED 30.10.2019 ISSUED BY THE 4TH RESPONDENT ANNEXURE A17 TRUE COPY OF THE GO(P)NO.36/91/P&ARD DATED 2.12.1991 ANNEXURE A18 TRUE COPY OF THE LETTER NO.A1/3067/DDE DATED 23.11.2022 ISSUED BY THE DEPUTY DIRECTOR OF EDUCATION WAYANAD ALONG WITH THE SENIORITY LIST OF OA & FTM OF WAYANAD DISTRICT ANNEXURE A19 TRUE COPY OF THE ORDER NO.A1/3067/2022/DDE DATED 05.12.2022 ALONG WITH THE FINAL SENIORITY LIST OF OA & FTM FROM 01.11.1995 TO 31.10.2022 ANNEXURE A20 TRUE COPY OF THE RELEVANT PAGES OF THE REGISTER OF VACANCY OF OFFICE ATTENDANT OF WAYANAD DISTRICT OBTAINED BY WAY OF RTI OP(KAT)No.189 of 2024 6 ANNEXURE A21 TRUE COPY OF THE NOTIFICATION ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION DATED 15.12.2022 ANNEXURE A22 TRUE COPY OF THE NOTIFICATION DATED 22.12.2023 IN CATEGORY NO.534/2022 BY THE KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, KOZHIKODE ANNEXURE A23 TRUE COPY OF THE RELEVANT EXTRACT OF MESSAGE BOX OF THE APPLICANT IN WEB PORTAL OF THE KERALA PUBLIC SERVICE COMMISSION ANNEXURE A24 TRUE COPY OF THE NOTIFICATION ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION DATED 30.11.2022 IN CATEGORY NO.498/2022 ANNEXURE A25 TRUE COPY OF THE ADMISSION TICKET ISSUED BY THE 5TH RESPONDENT ANNEXURE A26 TRUE COPY OF THE NOTIFICATION DATED 25.1.2024 IN CATEGORY NO.498/2022 BY THE KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, KASARAGOD ANNEXURE A27 TRUE COPY OF THE RELEVANT EXTRACT OF MESSAGE BOX OF THE APPLICANT IN WEB PORTAL OF THE KERALA PUBLIC SERVICE COMMISSION ANNEXURE A28 TRUE COPY OF THE INTERVIEW SCHEDULE ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION ANNEXURE A29 TRUE COPY OF THE G.O.(P0NO.05/2013/P&ARD DATED 6.2.2013 ANNEXURE A30 TRUE COPY OF THE INTERVIEW SCHEDULE ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION