Chandramohanan. K vs The Director Of General Education
2021 Latest Caselaw 3876 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

           THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

                                   &

               THE HONOURABLE MR. JUSTICE T.R.RAVI

    WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942

                      OP(KAT).No.37 OF 2021

 AGAINST THE ORDER DATED 09.01.2020 OF THE KERALA ADMINISTRATIVE
         TRIBUNAL, THIRUVANANTHAPURAM IN TA NO. 15/2017


PETITIONERS/APPLICANT IN T.A.:

      1      CHANDRAMOHANAN. K
             AGED 61 YEARS
             S/O.E.SREEDHARAN NAMBI(LATE),
             RETIRED HEADMASTER,
             RESIDING AT KOUSTUBHAM,
             VELLACHAL, KODAKKAD.P.O,
             KASARAGOD DIST., PIN-671310.

             BY ADV. SRI.MURALI PALLATH


RESPONDENTS/RESPONDENTS IN T.A.:

      1      THE DIRECTOR OF GENERAL EDUCATION
             JAGATHY, THIRUVANANTHAPURAM, PIN-695014.

      2      STATE OF KERALA,
             REPRESENTED BY SECRETARY TO GOVERNMENT,
             DEPARTMENT OF HIGHER EDUCATION,
             SECRETARIAT, THIRUVANANTHAPURAM.


             SRI.ANTONY MUKKATH, GOVT.PLEADER


     THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 03.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(KAT).No.37 OF 2021

                                               2




              ALEXANDER THOMAS & T.R.RAVI, JJ.
                 =============================
                         O. P. (KAT) No.37 of 2021
                      [Arising out of order dated 09.01.2020 in
                        T.A.No.15/2017 of KAT, Tvm. Bench]
                 =============================
                       Dated this the 3rd day of February, 2021

                                     JUDGMENT

ALEXANDER THOMAS, J.

The prayers in the aforecaptioned Original Petition (KAT) filed under

Articles 226 & 227 of the Constitution of India are as follows:

"(i) To set aside order of the Hon'ble Kerala Administrative Tribunal dated 09.01.2020 in TA No.15 of 2017 (Ext.P3).

(ii) To declare that the petitioner is entitled for reassignment of seniority treating his B.Ed in the faculty of Social Science and consequential appointment as Higher Secondary School Teacher (Political Science) with retrospective effect from 12.05.2003 (date of order by which his junior was promoted) and consequential promotion to the cadre of Principal with retrospective effect by setting aside Ext.P10(TA), Ext.P13(TA), Ext.P16(TA)

(iii) Such other reliefs as this Hon'ble Court deem fit in this case."

2. The impugned final order rendered by the Kerala

Administrative Tribunal at Ext.P3 on 09.01.2020 in T.A. No.15/2017 reads

as follows:

"The applicant, who was a Head Master of an LP School at the time of filing this writ petition, is seeking appointment as HSST. He is also challenging Exts.P10, P13 and P16 orders. As the relief sought in this T.A. are no longer available to the applicant due to the efflux of time, the T.A. is dismissed as infructuous."

3. The counsel for the petitioner submits that the Tribunal has not

adjudicated the merits of the case and has merely held that in view of the

subsequent events, presumably in view of the retirement of the petitioner OP(KAT).No.37 OF 2021

subsequently during the pendency of the above application, the Tribunal

has dismissed the application as infructuous. It is pointed out that the

petitioner has made out vital grounds for revision of his seniority in the

seniority list and if that is acceded to, then it can be seen that persons, who

are juniors to him, have been given the by-transfer appointment in

supercession of his claims. Further that the petitioner could take steps to

amend the pleadings in the above said application to incorporate additional

pleas, if necessary, etc.

4. After hearing both sides, it is seen that the Tribunal has

dismissed the application as infructuous, on account of the abovesaid claim

and without adjudicating the merits of the case. Taking note of the above

said submissions of the petitioner, it is ordered that the matter would

require a remit and for effectuating such a remit, it is ordered that the

impugned Ext.P3 order dated 09.01.2020 rendered by the Kerala

Administrative Tribunal, Thiruvananthapuram Bench in T.A. No.15/2017

will stand set aside. Consequently, Transfer Application T.A.No.15/2017

will stand remitted to the Kerala Administrative Tribunal,

Thiruvananthapuram Bench for consideration of the application afresh.

The petitioner may immediately file the requisite application for

amendment of the pleadings in the said Transfer Application and plea for OP(KAT).No.37 OF 2021

amendment, may also be duly considered by the Tribunal. Having regard

to the long pendency of the matter, the Tribunal may ensure that the

Transferred Application may be finally disposed of without any much

delay, preferably within a period of 6 months from the date of production

of a certified copy of this judgment.

With these observations and directions, the above Original Petition

(KAT) will stand disposed of.

Sd/-

ALEXANDER THOMAS, JUDGE

Sd/-

T.R.RAVI, JUDGE

Pn OP(KAT).No.37 OF 2021

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF TA ALONG WITH EXHIBITS.

EXHIBIT P1(TA) TRUE COPY OF THE RELEVANT PAGES OF SENIORITY LIST PUBLISHED ALONG WITH ORDER DATED 04.05.2002

EXHIBIT P2(TA) TRUE COPY OF THE MARK LIST DATED 29.05.1981 ISSUED TO THE PETITIONER BY THE UNIVERSITY OF MYSORE.

EXHIBIT P3(TA) TRUE COPY OF THE CERTIFICATE DATED 04.08.2003 ISSUED BY THE UNIVERSITY OF MYSORE TO ANOTHER CANDIDATE VIZ.MANOHARAN.C

EXHIBIT P4(TA) TRUE COPY OF THE CERTIFICATE DATED 17.06.1998 ISSUED BY THE UNIVERSITY OF CALICUT TO ANOTHER CANDIDATE VIZ.

MANOHARAN. C

EXHIBIT P5(TA) TRUE COPY OF THE REPRESENTATION DATED 10.07.2003 FILED BY THE PETITIONER BEFORE 1ST RESPONDENT.

EXHIBIT P6(TA) TRUE COPY OF THE REPRESENTATION DATED 19.04.2004 FILED BY THE PETITIONER BEFORE 1ST RESPONDENT.

EXHIBIT P7(TA) TRUE COPY OF THE JUDGMENT DATED 23.06.2004 IN WP(C)NO.18516/2004.

EXHIBIT P8(TA) TRUE COPY OF G.O.(RT)NO.5011/2004/G.EDN DATED 23.11.2004.

EXHIBIT P9(TA) TRUE COPY OF THE CERTIFICATE DATED 08.12.2004 ISSUED BY RAMAKRISHNA INSTITUTE OF MORAL AND SPIRITUAL EDUCATION.

EXHIBIT P10(TA) TRUE COPY OF THE ORDER DATED 29.04.2005 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P11(TA) TRUE COPY OF THE JUDGMENT DATED 28.09.2005 IN CON.CASE(C)NO.867/2005.

OP(KAT).No.37 OF 2021

EXHIBIT P12(TA) TRUE COPY OF THE REPRESENTATION DATED 17.11.2005 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P13(TA) TRUE COPY OF G.O.(RT)NO.1099/06 G.EDN.

DATED 10.03.2006.

EXHIBITP14(TA) TRUE COPY OF THE CERTIFICATE ISSUED BY THE KANNUR UNIVERSITY.

EXHIBIT P15(TA) TRUE COPY OF JUDGMENT DATED 26.06.2007 IN WP(C)NO.14067/2006.

EXHIBIT P16(TA) TRUE COPY OF G.O(RT)NO.4999/07/G.EDN. DATED 31.10.2007.

EXHIBIT P2 TRUE COPY REPLY STATEMENT FILED ON BEHALF OF THE 1ST RESPONDENT IN TA NO.15 OF 2017

EXHIBIT P3 TRUE COPY OF ORDER DATED 09.01.2020 OF THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM IN TA NO.15 OF 2017.