Kerala High Court
Dr. Shylesh Kumar S vs State Of Kerala on 11 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
OP(KAT) NO. 201 OF 2021
AGAINST THE ORDER/JUDGMENT IN OA (EKM) 1282/2020 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM, THIRUVANANTHAPURAM
PETITIONERS/APPLICANTS:
1 DR.SHYLESH KUMAR S.
AGED 57 YEARS
S/O.SADASIVAN, RETIRED TECHNICAL ASSISTANT,
DIRECTORATE OF HOMOEOPATHY,
RESIDING AT KRISHNATHEERTHAM, PUTHIYAKAVU,
KILIMANOOR P.O., THIRUVANANTHAPURAM, PIN - 695 601.
2 DR.MOHAMMED ZAKERALI
AGED 57 YEARS
S/O.DR.ABDUL REHMAN, RETD. MEDICAL OFFICER,
GOVERNMENT HOMOEO DISPENSARY, RESIDING AT ZAHIR MANZIL,
THAIVALAPPIL HOUSE P.O., KASARGOD - 671 121.
BY ADVS.
G.SUDHEER
R.HARIKRISHNAN (H-308)
RESPONDENT/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE SECRETARY TO GOVERNMENT
AYUSH DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
3 THE DIRECTOR OF HOMOEPATHY
DIRECTORATE OF HOMOEOPATHY, EAST FORT,
THIRUVANANTHAPURAM - 695 023.
OP(KAT) NO. 201 OF 2021
2
BY ADV.
SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME
UP FOR ADMISSION ON 11.08.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
OP(KAT) NO. 201 OF 2021
3
ALEXANDER THOMAS & A. BADHARUDEEN, JJ.
================================
O.P.(KAT) No.201 of 2021
[arising out of OA(EKM) No.1282 of 2020, pending before the Kerala
Administrative Tribunal, Ernakulam Bench]
================================
Dated this the 11th day of August, 2021
JUDGMENT
ALEXANDER THOMAS, J.
The prayers in the afore-captioned original petition filed
under Articles 226 and 227 of the Constitution of India are as
follows (see page No.6 of the paper book of this O.P.):
"i) Issue an order or direction directing the Kerala
Administrative Tribunal, Thiruvananthapuram
(Ernakulam Bench) to dispose O.A.(EKM)
No.1282/2020 within a time limit as prescribed by
this Honourable Court.
ii) Pass such other order or direction as this
Honourable Court may deem fit and proper in the
interest of justice, equity and good conscience."
2. Heard Sri.G.Sudheer (Karakonam), learned counsel
appearing for the petitioners in the O.P./applicants in the O.A.,
Sri.Saigi Jacob Palatty, learned Senior Government Pleader
appearing for respondents in the O.P./respondents in the O.A.
3. Sri.G.Sudheer (Karakonam), learned counsel
appearing for the petitioners in the O.P. would submit on the
OP(KAT) NO. 201 OF 2021
basis of instructions of his parties that the limited direction
sought for by the petitioners in this case is for an order from this
Court to ensure early consideration and disposal of OA(EKM)
No.1282 of 2020 by the Tribunal without much delay and within a
reasonable time limit that may be appropriately fixed by this
Court.
4. Taking note of the limited submission and without
getting into the merits of the controversy in any manner, it is
ordered that the Kerala Administrative Tribunal, Ernakulam
Bench may take all reasonable measures possible under this
circumstances to ensure the early consideration and final disposal
of O.A.No.1282 of 2020, without much delay, preferably within a
period of six months from the date of production of the certified
copy of the judgment or within any time limit that is found
appropriate and reasonable by the Tribunal and taking due note
of the interest and administration of the justice.
The Registry may forward a copy of this judgment to the
KAT, Ernakulam Bench, who is dealing with OA(EKM) No.1282
of 2020 for necessary information, at the cost of the petitioners
herein.
OP(KAT) NO. 201 OF 2021
With these observations and directions, the above original
petition will stand disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
A. BADHARUDEEN A, JUDGE
SCS
OP(KAT) NO. 201 OF 2021
APPENDIX OF OP(KAT) 201/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORIGINAL APPLICATION
(EKM) NO.1282/2020 FILED BY THE
PETITIONERS BEFORE THE KERALA
ADMINISTRATIVE TRIBUNAL(ERNAKULAM
BENCH) DATED 19/8/2020 WITH ANNEXURES.
Annexure A1 TRUE COPY OF THE AMENDMENT TO THE
KERALA SERVICE RULES ISSUED BY THE
GOVERNMENT AS PER G.O.(P)
NO.01/2013/FIN. DATED 1/1/2013.
Annexure A2 TRUE COPY OF THE ORDER G.O.(MS)
NO.169/17/H&FWD DATED 28/11/2017
ISSUED BY THE GOVERNMENT.
Annexure A3 TRUE COPY OF ORDER NO.G.O.(RT)
NO.231/2016/AYUSH DATED 2/6/2016
ISSUED BY THE GOVERNMENT.
Annexure A4 TRUE COPY OF THE NOTIFICATION NO.GSR
27(E) (E.NO.25012/4/2016-ESTT. (A-IV)
DATED 5/1/2018 ISSUED BY THE CENTRAL
GOVERNMENT.
Annexure A5 TRUE COPY OF THE ORDER DATED 25/4/2018
IN O.A.NO.612/2018 OF THIS HONOURABLE
TRIBUNAL.
Annexure A6 TRUE COPY OF THE ORDER G.O.(RT)
NO.650/2018/AYUSH DATED 17/12/2018
ISSUED BY THE GOVERNMENT.
Annexure A7 TRUE COPY OF THE RELEVANT PAGE (FIRST
PAGE) OF THE RANKED LIST FOR THE POST
OF MEDICAL OFFICERS (HOMOEO) PUBLISHED
BY THE PSC, NO.329/2015/SSIV (CATEGORY
NO.619/2012) BROUGHT INTO FORCE W.E.F.
3/8/2015.
OP(KAT) NO. 201 OF 2021
Annexure A8 TRUE COPY OF THE ORDER G.O.(MS)
NO.30/2018/H&FWD DATED 20/2/2018
ISSUED BY THE GOVERNMENT.
Annexure A9 TRUE COPY OF THE DETAILS REGARDING THE
RAPID ACTION EPIDEMIC CONTROL CELL
HOMOEOPATHY (RAECH) OF THE GOVERNMENT
OF KERALA.
Annexure A10 TRUE COPY OF THE JUDGMENT DATED
8/8/2018 IN WRIT PETITION (C)
NO.4071/2017 OF THE HONOURABLE HIGH
COURT OF JHARKHAND AT RANCHI.
Annexure A11 TRUE COPY OF THE ORDER DATED
15/11/2019 IN O.A.NO.1154/2019 OF THE
KERALA ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM.
Annexure A12 TRUE COPY OF THE G.O.(RT)
NO.119/2020/AYUSH DATED 29/2/2020
PASSED BY THE AYUSH (D) DEPARTMENT.
