Kerala High Court
State Of Kerala vs Prince.T.Kurian,Aged 48 Years on 8 July, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
025:KER:50231
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
TUESDAY, THE 8TH DAY OF JULY 2025 / 17TH ASHADHA, 1947
OP(KAT) NO. 292 OF 2025
AGAINST THE ORDER DATED 21.03.2024 IN OA NO.449 OF 2024
OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM.
PETITIONERS/RESPONDENT IN O.A :
1 STATE OF KERALA,
REPRESENTED BY ITS PRINCIPAL SECRETARY TO
GOVERNMENT AND AGRICULTURAL PRODUCTION
COMMISSIONER, AGRICULTURE DEVELOPMENT AND FARMER'S
WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, KERALA, PIN - 695 001.
2 THE DIRECTOR,
SOIL SURVEY AND SOIL CONSERVATION DEPARTMENT,
DIRECTORATE OF SOIL SURVEY AND SOIL
CONSERVATION,CENTER PLAZA BUILDINGS,
VAZHUTHACAUD, THYCAUD.P.O,
THIRUVANANTHAPURAM, KERALA, PIN - 695 014.
BY SENIOR GOVERNMENT PLEADER SRI.B.UNNIKRISHNA KAIMAL.
RESPONDENT/APPLICANT IN OA :
PRINCE.T.KURIAN, AGED 48 YEARS,
S/O. T.T.BABY, SOIL CONSERVATION OFFICER,
SOIL CONSERVATION OFFICE, KOLLAM - 691001,
RESIDING AT THEKKEKARA HOUSE,ARTHAT.P.O,
KUNNAMKULAM, THRISSUR, KERALA., PIN - 690 521.
BY ADV.P.NANDAKUMAR.
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN
FINALLY HEARD ON 08.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
A.MUHAMED MUSTAQUE & JOHNSON JOHN, JJ.
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OP(KAT) No.292 of 2025
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Dated this the 8th day of July, 2025.
JUDGMENT
A.MUHAMED MUSTAQUE, J.
The challenge has been made by the State against the interim order of the Kerala Administrative Tribunal, Thiruvananthapuram, in O.A No.449 of 2024 dated 21-03-2024. The Tribunal, noting the provisions of the Rights of Persons with Disabilities Act, 2016, directed that reservation be provided in accordance with the said provisions in respect of the post of District Soil Conservation Officer / Assistant Director of Soil Conservation.
2. The learned Government Pleader submits that the interim order of the Tribunal is in the nature of a final order and, therefore, cannot be implemented. It is further submitted that no post has been identified so far.
3. The learned counsel for the respondent submits that the Original petition is not maintainable. The challenge has been OP(KAT) No.292 of 2025 -: 2 :- 2025:KER:50231 made after a delay of one year. It is further submitted that, if no post is available, it is for the Department to approach the Tribunal rather than approaching this Court. It is also submitted that no contempt petition is pending.
Having considered the rival submissions, we are of the view that the petitioners, who contend that no post exists, are at liberty to move the Tribunal for variation of the interim order.
With the liberty as above, the Original petition is disposed of.
Sd/- A.MUHAMED MUSTAQUE, JUDGE.
Sd/- JOHNSON JOHN, JUDGE.
amk OP(KAT) No.292 of 2025 -: 3 :- 2025:KER:50231 APPENDIX OF OP(KAT) 292/2025 PETITIONER ANNEXURES : Annexure A1 TRUE COPY OF DISABILITY CERTIFICATE NO.G2/11/12913/2022 ISSUED BY THE
GOVERNMENT MEDICAL COLLEGE HOSPITAL, THRISSUR TO THE APPLICANT DATED 10.11.2022.
Annexure A2 TRUE COPY OF RELEVANT EXTRACT OF G.O(P) NO.78/2008/AD ISSUED BY THE FIRST RESPONDENT DATED 24.04.2008.
Annexure A3 TRUE COPY OF GAZETTE NOTIFICATION NO.38- 16/2020-DD III ISSUED BY THE MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT UNDER THE CENTRAL GOVERNMENT DATED 04.01.2021. Annexure A4 TRUE COPY OF OFFICE MEMORANDUM NO.36012/1/2020-ESTT (RES II) ISSUED BY THE GOVERNMENT OF INDIA IN THE DEPARTMENT OF PERSONNEL AND TRAINING DATED 17.05.2022.
Annexure A5 TRUE COPY OF G.O(P) NO.05/2022/SJD
ISSUED BY THE GOVERNMENT DATED
15.07.2022.
Annexure A6 TRUE COPY OF CIRCULAR NO.RULES
1/136/2022/P&ARD ISSUED BY THE
GOVERNMENT DATED 23.09.2022.
Annexure A7 TRUE COPY OF REPRESENTATION PREFERRED BY
THE APPLICANT BEFORE THE 2ND RESPONDENT DATED 30.03.2023.
OP(KAT) No.292 of 2025-: 4 :-
2025:KER:50231 Annexure A8 TRUE COPY OF JUDGMENT OF THE HONOURABLE HIGH COURT OF KERALA IN OP(KAT) NO.312/2023 DATED 09.08.2023.
Annexure A9 TRUE COPY OF MINUTES OF AD HOC DPC (HIGHER) FOR PREPARATION OF SELECT LIST TO THE POST OF DISTRICT SOIL CONSERVATION OFFICER/ASSISTANT DIRECTOR OF SOIL CONSERVATION FOR THE YEAR 2023 DATED NIL.
Annexure A10 TRUE COPY OF ORDER NO.SSSC/3412/2023- O&M1 ISSUED BY THE 2ND RESPONDENT DATED 09.02.2024.
Annexure 10(a) TRUE COPY OF RELEVANT EXTRACT OF THE
FINAL SENIORITY LIST OF SOIL
CONSERVATION OFFICERS (DIRECT
RECRUITMENT) IN THE SOIL SURVEY AND SOIL CONSERVATION DEPARTMENT AS ON 01.01.2024 APPENDED TO ANNEXURE A10 ORDER.
Annexure 11 TRUE COPY OF G.O(P) NO.6/2023/SJD ISSUED BY THE GOVERNMENT DATED 26.10.2023. Exhibit P1 A TRUE COPY OF THE AMENDED O.A NO.449/2024 ALONG WITH ITS ANNEXURES A1 TO A11.
Exhibit P2 TRUE COPY OF THE IMPUGNED INTERIM ORDER PASSED BY THE KERALA ADMINISTRATIVE TRIBUNAL ON 21.03.2024 IN OA 449 OF 2024.