Kerala High Court
Manoj Kumar K vs State Of Kerala on 27 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 27TH DAY OF AUGUST 2021 / 5TH BHADRA, 1943
OP(KAT) NO. 455 OF 2019
AGAINST THE ORDER IN OA (EKM) NO.1082/2017 DATED 30.10.2019
OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER:
MANOJ KUMAR K
AGED 42 YEARS, S/O P.K. KAMALASANAN PILLAI,
POTHETHU LEKSHMI NIVAS, MATHOOR P.O., CHENEERKARA,
PATHANAMTHITTA - 689 647.
BY ADVS.
C.A.MAJEED
SRI.K.H.ASIF
SMT.MOLTY MAJEED
SRI.P.B.UNNIKRISHNAN NAIR
SRI.RUBEN GEORGE ROCK
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT
OF HEALTH SERVICES, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT
OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
3 PATHANAMTHITTA MUNICIPALITY,
PATHANAMTHITTA P.O., PATHANAMTHITTA DISTRICT, PIN
- 689645. REPRESENTED BY ITS SECRETARY.
4 PANDALAM MUNICIPALITY,
PANDALAM, PATHANAMTHITTA DISTRICT, PIN - 689 501
REPRESENTED BY ITS SECRETARY.
5 THE DISTRICT MEDICAL OFFICER,
ST. PETTAR'S BUILDING, PATHANAMTHITTA - 689 645.
O.P.(KAT) No.455/2019 2
6 JASEENA A.J.,
AGED 32 YEARS, D/O AABDUL JALEEL M.N., JASEENA
MANZIL, PAZHAKULAM P.O. (WEST) ADOOR (VIA),
PATHANAMTHITTA - 691 554.
BY ADVS.
SRI.JAMES ABRAHAM, SC, PATHANAMTHITTA
MUNICIPALITY
SRI.K.R.RADHAKRISHNAN NAIR, SC, PANDALAM
MUNICIPALITY
SRI.A.CHANDRA BABU
SRI.DINESH THANKAPPAN
OTHER PRESENT:
SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER,
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR ADMISSION ON 27.08.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
O.P.(KAT) No.455/2019 3
ALEXANDER THOMAS & A. BADHARUDEEN, JJ.
-----------------------------------------------------
O.P.(KAT) No.455 of 2021
[arising out of the impugned final order dated 30.10.2019
in O.A. (Ekm) No.1082/2017 on the file of the KAT, EKM Bench]
--------------------------------------------
Dated this the 27th day of August, 2021
JUDGMENT
Alexander Thomas, J.
The prayers in the aforecaptioned original petition, filed under
Articles 226 & 227 of the Constitution of India are as follows (see
page Nos.8 & 9 of this paper book):-
"i) Issue a writ of certiorari or any other appropriate writ, order
or direction, calling for the records leading to Annexure.A-9
and to quash the same;
ii) Declare that the Petitioner is entitled to continue in the post of
Junior Health Inspector Grade II at the 4 th respondent
municipality till a direct recruitee joins duty;
iii) Direct the 4th respondent municipality to allow the Petitioner to
continue in the post of Junior Health Inspector Grade II till a
direct recruitee joins duty;
iv) Declare that the selection of the 6 th respondent to the post of
Junior Health Inspector Grade II in 4th respondent municipality
is annulled due to the joining of a regular hand;
v) grant such other relief as this Hon'ble Court may deem fit and
proper
AND
vi) Award cost of these proceedings."
2. The prayers in Ext.P1 O.A.(Ekm) No.1082/2017, filed by
the petitioner herein before the Kerala Administrative Tribunal
Ernakulam bench are as follows (see page No.19 of this paper
book):-
"i. Direct the 3rd and 4th respondents to consider the temporary
engagement of the Applicant to the post of Junior Health
Inspector by taking into account the qualification and
experience of the Applicant, in the light of Annexure A-2 order;
ii. Declare that the applicant is entitled for preference in
temporary engagement in the post of Junior Health Inspector
with the 3rd and 4th respondents;
iii. Declare that the non consideration of Annexure A-3 and
Annexure A-4 representations in the light of Annexure A-2
order by the 3rd and 4th respondents as oppressive, arbitrary
and illegal;
iv. Pass such other order or direction which this Hon'ble Tribunal
may deem fit and proper to grant in the circumstances of the
case;
AND
v. Award the cost of the original application to the applicant."
3. Heard Smt.Molty Majeed, learned counse appearing for
the petitioner in the original petition/original applicant, Sri.Saigi
Jacob Palatty, learned Senior Government Pleader appearing for R1,
2 & 5, Sri.James Abraham (Vilayakattu), learned Advocate
appearing for 3rd respondent (Pathanamthitta municipality),
Sri.K.R. Radhakrishnan Nair, learned Standing Counsel appearing
for 4th respondent (Pandalam municipality) and Sri.A. Chandra
Babu, learned counsel appearing for contesting respondent No.6.
4. Aggrieved by the impugned Ext.P9 final order dated
30.10.2019, rendered by the Tribunal dismissing the abovesaid O.A.,
the original applicant therein has approached this Court by filing the
instant original petition with the aforementioned prayers.
5. The petitioner/original applicant was engaged as a
temporary/provisional hand as Junior Health Inspector in the 4 th
respondent Pandalam municipality and later in the 3 rd respondent
Pathanamthitta municipality.
6. It appears that the term of temporary/provisional
appointment of the petitioner has expired and the petitioner is no
longer in temporary service now, we don't find any grounds to
interfere with the considered verdict of the Tribunal, wherein it has
been held that temporary/provisional hand like the original
applicant has no right to continue in temporary/provisional service
indefinitely or that such a temporary/provisional had will have any
right to be considered for regularisation, etc. The legal position in
that regard is well settled, especially after the authoritative
pronouncement of the judgment by the Apex Court in the celebrated
case in Umadevi v. State of Karnataka [(2006)4 SCC pg.1].
Hence, no interference is called for with the considered verdict of
the Tribunal rejecting the original application.
7. Smt.Molty Majeed, learned counsel appearing for the
petitioner submits that the petitioner has already been relieved from
temporary/provisional service and he is no longer in the service of
the abovesaid respondent municipalities. But that the 4 th
respondent Pandalam municipality has recently issued notice
referred to Ext.P10, inviting application from interested candidates
for filling up the post of Junior Health Inspector (Gr.II) on
temporary/provisional basis for a period of 179 days, etc. and that
the petitioner had submitted his application in that regard and that
he was also been interviewed by the officials concerned of the 4 th
respondent municipality, etc.
8. In such circumstances, we need not get into that issue
and it is for the petitioner to proceed as per law and also it is for the
authorities concerned to act in accordance with law. No other
directions and orders are called for in this case.
With these observations and directions the above original
petition will stand disposed of.
Sd/-
ALEXANDER THOMAS,
JUDGE
Sd/-
A. BADHARUDEEN,
JUDGE
Skk//31082021
APPENDIX OF OP(KAT) 455/2019
PETITIONER'S EXHIBITS:-
EXHIBIT P1 A PHOTOCOPY OF THE ORIGINAL APPLICATION
WITHOUT THE ANNEXURES.
EXHIBIT P1 (A-1) A PHOTOCOPY OF THE DIPLOMA CERTIFICATE AND
MARKLIST OF THE APPLICANT.
EXHIBIT P1 (A-2) A PHOTOCOPY OF THE ORDER DAED 10-04-2017 IN
OA (EKM) 772/2017 BY THIS HON'BLE TRIBUNAL.
EXHIBIT P1 (A-3) A PHOTOCOPY OF THE REPRESENTATION DATED
18/05/2017 SUBMITTED BY THE APPLICANT TO
THE 3RD RESPONDENT.
EXHIBIT P1 (A-4) A PHOTOCOPY OF THE REPRESENTATION DATED
01-06-2017 SUBMITTED BY THE APPLICANT TO
THE 4TH RESPONDENT.
EXHIBIT P2 A PHOTOCOPY OF THE INTERIM ORDER DATED
13-06-2017 IN OA (EKM) NO.1082/2017.
EXHIBIT P3 A PHOTOCOPY OF THE INTERIM ORDER DATED
20-06-2018 IN MA (EKM) NO.1238/2018 IN OA
(EKM) 1082/2017.
EXHIBIT P4 A PHOTOCOPY OF THE AFFIDAVIT DATED
08-04-2019 FILED BY THE SECRETARY OF THE
4TH RESPONDENT MUNICIPALITY IN CP(EKM) NO.
39/2019 IN OA (EKM) 1082/2017.
EXHIBIT P5 A PHOTOCOPY OF THE REPLY STATEMENT FILED BY
THE 4TH RESPONDENT MUNICIPALITY.
EXHIBIT P6 A PHOTOCOPY OF THE REJOINDER FILED BY THE
PETITIONER TO THE REPLY FILED BY THE 4TH
RESPONDENT.
EXHIBIT P7 A PHOTOCOPY OF THE REPLY STATEMENT FILED BY
THE 6TH RESPONDENT.
EXHIBIT P8 A PHOTOCOPY OF THE REJOINDER FILED BY THE
PETITIONER TO THE REPLY STATEMENT FILED BY
THE 6TH RESPONDENT.
EXHIBIT P9 A PHOTOCOPY OF THE FINAL ORDER DATED
30-10-2019 IN OA(EKM) 1082/2017 OF THE
LEARNED TRIBUNAL
EXHIBIT P10 TRUE COPY OF THE NOTIFICATION INVITING
APPLICATIONS TO THE POST OF JUNIOR HEALTH
INSPECTOR ON TEMPORARY BASIS IN THE 3RD
RESPONDENT MUNICIPALITY.
EXHIBIT P11 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER AGAINST EXHIBIT P-10
NOTIFICATION.
