Kerala High Court
The Deputy Commissioner vs Binoy Jose on 12 August, 2021
OP (CAT) No.40/2021 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
Thursday, the 12th day of August 2021 / 21st Sravana, 1943
OP (CAT) NO. 40 OF 2021
(AGAINST THE ORDER DATED 5-01-2021 IN OA NO.180/00135/2020 OF CENTRAL
ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH)
PETITIONERS/RESPONDENTS 1 TO 3 IN OA:
1. THE DEPUTY COMMISSIONER,NAVODAYA VIDYALAYA SAMITI (HYDERABAD
REGION), DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, GOVERNMENT OF
INDIA, 1-1-10/3, SARDAR PATEL ROAD, SECUNDERABAD - 500 003.
2. THE JOINT COMMISSIONER , NAVODAYA VIDYALAYA SAMITI, DEPARTMENT OF
SCHOOL EDUCATION AND LITERACY, GOVERNMENT OF INDIA, B15,
INSTITUTIONAL AREA, SECTOR 62, NOIDA, BUDDHA NAGAR, UTTAR PRADESH -
201 309.
3. THE COMMISSIONER, NAVODAYA VIDYALAYA SAMITI, DEPARTMENT OF SCHOOL
EDUCATION AND LITERACY, GOVERNMENT OF INDIA, B15, INSTITUTIONAL
AREA, SECTOR 62, NOIDA, BUDDHA NAGAR, UTTAR PRADESH - 201 309.
RESPONDENTS/APPLICANT IN OA & R4:
1. BINOY JOSE LIBRARIAN, JAWAHAR NAVODAYA VIDYALAYA, MINICOY ISLAND,
LAKSHADWEEP - 682 559, RESIDING AT JAWAHAR NAVODAYA VIDYALAYA
QUARTERS, MINICOY ISLAND, LAKSHADWEEP - 682 559, PHONE NO.859448101.
2. ALPHONSIE GEORGE ,LIBRARIAN, JAWAHAR NAVODAYA VIDYALAYA, ALAPPUZHA -
690105.
OP (CAT) praying inter alia that in the circumstances stated in the
affidavit filed along with the OP (CAT) the High Court be pleased to stay
all further proceedings pursuant to Exhibit P1 order of the Central
Administrative Tribunal in O.A.No.180/00135/2020 dtd.05.01.2021
This petition coming on for admission on 12/08/2021 upon perusing
the petition and the affidavit filed in support of OP (CAT) and upon
hearing the arguments of MILLU DANDAPANI Advocate for the petitioners, and
of Sri.Vishnu S. Chempazhanthiyil,Advocate for R1 and Sri.C.A.Majeed,
Advocate for R2, the court passed the following.
OP (CAT) No.40/2021 2/4
APPENDIX OF OP (CAT) 40/2021
Exhibit P1 TRUE COPY OF THE ORDER DATED 05.01.2021 IN THE ORIGINAL
APPLICATION NO.180/00135/2020 AND MA 180/305/2020.
OP (CAT) No.40/2021 3/4
ALEXANDER THOMAS & A.BADHARUDEEN, J J.
------------------------------------------------
OP (CAT) No.40 of 2021
(Arising out of the order dated 5-1-2021 in O.A No.180/00135/2020 of the CAT, Ekm)
----------------------------------------------------
Dated this the 12th day of August, 2021
ORDER
Sri.Millu Dandapani, the learned Standing counsel for
Jawahar Navodaya Vidyalaya appearing for the
petitioners/respondents submitted on the basis of instructions that
strict directives and advisory instructions have already been given
to the petitioners, including the third petitioner Commissioner, to
comply with the directions issued by the Tribunal as per Ext.P1
final order dated 5-1-2021 in O.A No.135 of 2020, provisionally and
subject to the result of RP No.483 of 2021, arising out of O.P(CAT)
No.18 of 2021. Further that a close relative of the 2 nd petitioner
Assistant Commissioner of the Navodaya Vidhyalaya had died. So,
steps could not be taken to pass orders in that regard. But that
orders will be passed by the petitioners herein on the matter of
transfer of the original applicant and the contesting respondent as
ordered by the Tribunal, but on a provisional basis subject to the
result of the R.P and that orders in that regard will certainly be
passed by the petitioners herein, well before the next posting date.
The above said undertaking made on behalf of the petitioners is
hereby recorded. The petitioner shall produce a copy of such order,
OP (CAT) No.40/2021 4/4
OP (CAT) No.40 of 2021
passed so as to comply with the directions of the Tribunal at Ext.P1
herein, provisionally and subject to the result of R.P No.483 of
2021, well before the next posting date, along with a memo of the
Standing counsel for the petitioners.
2. Further, Sri.Millu Dandapani, the learned Standing
counsel appearing for the petitioners would also submit that the
petitioners have also proposed to file a separate review petition in
respect of the judgment dated 8-3-2021 rendered by this Court in
O.P No.18 of 2021, since the other R.P No. 483 of 2021 has been
filed by the contesting respondent in the O.A.
List this O.P(CAT) along with R.P No.483 of 2021 and the RP
proposed to be filed by the petitioners arising out of OP(CAT) No.18
of 2021, immediately after the latter O.P is filed.
H/o
ALEXANDER THOMAS, JUDGE
A. BADHARUDEEN, JUDGE
amk
12-08-2021 /True Copy/ Assistant Registrar
