Kerala High Court
Praise Ani Abraham vs Praise Ani Abraham on 16 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942
OP(KAT).No.4 OF 2021
AGAINST THE ORDER IN OA 1793/2020 OF KERALA ADMINISTRATIVE
TRIBUNAL [PRINCIPAL BENCH], THIRUVANANTHAPURAM DATED 11.11.2020
PETITIONERS/RESPONDENTS 4 & 5:
1 PRAISE ANI ABRAHAM
RESIDING AT OTTAKKUNNEL HOUSE,
THALAYOLAPARAMBU, IBRUMBAYAMM P.O.,
KOTTAYAM, PIN-686 605
2 ANUSREE.S.,
RESIDING AT ANUGRAHA,
NETTASSERIL HOUSE, ANAPPUZHA P.O.,
KODUNGALLOR, TRICHUR, PIN-680 667
BY ADVS.
SRI.B.PRAMOD
SMT.NAMITHA JYOTHISH
RESPONDENTS/APPLICANTS & RESPONDENTS 1 TO 3, 6 AND 7:
1 MONISHA.T
AGED 33 YEARS, D/O. BONIFAS.T.,
RESIDING AT THEKKEN HOUSE,
CHRISTHUKUNNU, MOTTAMMAL.P.O.,
KANNUR, PIN-670 331
2 DEVIPRIYA SOMAN
AGED 34 YEARS, D/O. N.P.SOMAN,
RESIDING AT AMRITAKRIPA, F-4/59,
CH COLONY, CHEVARAMBALAM,
KOZHIKODE, PIN-673 017
3 DIVYA.T.,
AGED 35 YEARS, D/O. ARASAN.S.T.,
RESIDING AT TULASI BHAVANAM,
CHRISTOPHER NAGAR, OLLUR P.O.,
THRISSUR,PIN-680 306
OP(KAT).No.4 OF 2021
2
4 SUNITHA POLY,
AGED 41 YEARS, D/O. POLY JOSEPH,
RESIDING AT THUNDIPARAMPIL HOUSE,
NEAR KAILASOM BUS STOP,
EZHUPUNNA SOUTH P.O.,
ALLAPUZHA, PIN-688 537
5 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF HEALTH AND SOCIAL WELFARE,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001
6 KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY,
THIRUVANANTHAPURAM, PIN-695 004
7 THE DIRECTOR OF INDIAN SYSTEM OF MEDICINE,
AROGYA BHAVAN,
THIRUVANANTHAPURAM, PIN-695 001
8 ARCHANA.V.S.
RESIDING AT M S BHAVAN,
ARAMTHANAM, VAMANAPURAM P.O.,
THIRUVANANTHAPURAM, PIN-695 606
9 TWINKLE THOMAS,
RESIDING AT THEKKEPALACKAL,
ARTHUMKAL, CHERTHALA,
ALAPPUZHA, PIN-688 530
R1-4 BY ADV. SRI.NIRMAL V NAIR
BY ADV. SHRI.AKHIL ALPHONSE G.
R6 BY ADV. SRI.P.C.SASIDHARAN
BY SRI.B.VINOD, SR.GOVT.PLEADER,
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 16.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(KAT).No.4 OF 2021
3
ALEXANDER THOMAS & T.R.RAVI, JJ.
=============================
O. P. (KAT) No.4 of 2021
[Arising out of order dated 11.11.2020 in
O.A.No.1793/2020 of KAT, Tvm.]
=============================
Dated this the 16th 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: [see
page No.8 of the paper book of this O.P.]
"(i) Pass an order setting aside Ext.P2 interim order dated 11.11.2020 in
O.A.No.1793/2020 on the files of the Hon'ble Kerala Administrative
Tribunal, [Principal Bench]. Thiruvananthapuram;
(ii) Declare that the petitioners are entitled to continue in service pursuant
to the appointment order dated 30.11.2020 on the 6 th respondent, after
setting aside Ext.P4 and P5 orders;
(iii) Pass an order staying all further proceedings in O.A.No.1793/2020 on
the files of the Hon'ble Kerala Administrative Tribunal, [Principal
Bench], Thiruvananthapuram, till the disposal of SLP Nos.24214-24221
by the Hon'ble Supreme Court.
(iv) Grant such other and further reliefs which this Hon'ble cout deem to be
fit and proper in the facts and circumstances of the case for the interest
of justice."
2. Heard Sri.B.Pramod, learned counsel appearing for the
petitioners in the O.P./respondents 4 & 5 in the O.A., Sri.Nirmal V. Nair,
learned counsel appearing for R1 to R4 herein/appellants in the O.A.
OP(KAT).No.4 OF 2021
before the Tribunal, Sri.B.Vinod, learned Senior Government Pleader
appearing for R5 & R7 and Sri.P.C.Sasidharan, learned standing counsel
for the Kerala Public Service Commission appearing for R6. In the
nature of the orders proposed to be passed by this Court in this original
petition, notice to R8 & R9 will stand dispensed with as they are the
contesting respondents before the Tribunal and are sailing together with
the petitioners herein/respondents 4 & 5 in the O.A.
3. This Court has passed a detailed interim order on 06.01.2021
in this case, mainly dealing with the rival contentions of both sides. In
the nature of orders proposed to be passed by this Court in this case, it
may not be necessary to advert to the various aspects mentioned in this
Court's interim order dated 06.01.2021 in this O.P. Suffice to say that,
this Court has inter alia ordered in para No.5 of the interim order dated
06.01.2021 in this O.P. that the operation and enforcement of Ext.P2
interim status quo order dated 11.11.2020 rendered by the Tribunal in
the present O.A.No.1793/2020 and all consequential action taken
pursuant to thereto will be kept in abeyance and it is also ordered therein
that the contempt proceedings in C.P.No.183/2020, now pending before
the Tribunal, in the matter arising out of Ext.P2 interim order in
O.A.No.1793/2020 shall stand stayed. It is also ordered that all
OP(KAT).No.4 OF 2021
consequential action taken in pursuance of Ext.P2 interim order
including the cancellation or termination of appointment of the advised
and appointed candidates was also ordered to be kept in abeyance, etc.
4. This Court as per the interim order dated 06.01.2021 had
also made it clear that the respondent Kerala Public Service Commission
may immediately file the pleadings so as to bring out a necessary
methodology for resolving the present issues, which may only be a
problem in short term, till the final verdict is rendered by the Apex Court
in Annexure A9 SLP (C) Nos.24214-24221/2019. It is now brought to
our notice by Sri.Nirmal V. Nair, learned counsel appearing for
respondents 1 to 4 herein that the upon motion of the Kerala Public
Service Commission, steps have been taken to advance the listing and
hearing of SLP (C) Nos.24214-24221/2019 and the case was recently
posted before the Apex Court on 11.02.2021 and is now adjourned by two
weeks. Further Sri.Nirmal V. Nair, learned counsel appearing for
respondents 1 to 4 herein would point that if all the parties co-operate, it
is expected that the orders in the SLP may be rendered without much
delay, etc.
5. After hearing both sides, we are of the firm view that as the
present O.P. arises only out of an interim status quo order passed by the
OP(KAT).No.4 OF 2021
Tribunal in this case as per Ext.P2 and as the main matter is still pending
before the Tribunal, the rights and interest of all the rival parties could
be safe guarded adequately by ordering the early final disposal of Ext.P1
O.A.No.1793/2020, without further delay.
6. Sri.Nirmal V. Nair, learned counsel appearing for
respondents 1 to 4 herein submits that it may be better in the interest of
justice that the final disposal of the abovesaid O.A. may be rendered by
the Tribunal after the disposal of Annexure A9 SLP (C) No.24214-
24221/2019, so that there is clarity as to the rights of the candidates like
respondents 1 to 4 herein who were included in the old rank list dated
19.11.2014, etc.
7. In view of the pendency of the main matter now before the
Tribunal and in view of pendency of Annexure A9 SLP proceedings
before the Apex Court, we need not issue any directions to the Tribunal
as to the time frame within which the abovesaid main matter in the O.A.
is to be finally disposed of by the Tribunal. That is a matter which may
be adequately dealt with the Tribunal after ascertaining the views of all
the parties concerned. Taking note of the facts and circumstances of the
case, the following directions are passed:
The Kerala Administrative Tribunal,
OP(KAT).No.4 OF 2021
Thiruvananthapuram Bench may take necessary steps to ensure
the final disposal of Ext.P1 O.A.No.1793/2020 within a time
limit that is found appropriate and fit by the Tribunal after
ascertaining the view of all the parties concerned and after
taking note of pendency of Annexure A9 SLP(C) Nos.24214-
24221/2019 before the Apex Court. Till the disposal of the
abovesaid O.A. , it is ordered that the impugned Ext.P2 interim
status quo order rendered by the Tribunal will stand modified
as follows:
(i) All advises and appointments made from among
the candidates included in the new rank list dated
08.07.2020, will be provisional and temporary
and will also be subject to the final result and
outcome of the main matter in
O.A.No.1793/2020, on the file of the Tribunal.
(ii) Further it is also ordered that further advises and
appointments of candidates included in the new
rank list may not be made by the Public Service
Commission and the appointing authority
without getting specific orders in that regard from
the Tribunal in the pending O.A.No.1793/2020.
(iii) Further the 28 vacancies set apart for candidates
included in the old rank list, in view of the interim
status quo order passed by the Apex Court as per
Annexure A9 order dated 18.10.2019 in SLP (C)
Nos.24214-24221/2019 may be separately kept
OP(KAT).No.4 OF 2021
intact until appropriate orders are rendered by
the Apex Court in that regard.
(iv) Further proceedings in the contempt petition
C.P.No.183 of 2020 on the file of the Tribunal
may stand deferred until the disposal of the O.A.
8. We make it clear that we have not entered into the merits of
the main controversy, which is now pending in the O.A. before the
Tribunal and those aspects will fall exclusively within the domain and
province of the Tribunal in the determination of the issues raised before
the Tribunal. We also make it clear that none of the observations made
by us in the interim orders passed by this Court in this O.P. on
06.01.2021 or on 29.01.2021 or in the present judgment can be
construed as an expression of opinion on our part regarding the merits of
the main controversy, as indicated hereinabove, which would fall within
the exclusive domain and province of the Tribunal in the abovesaid
pending O.A.
9. All the parties will ensure that they may duly complete the
pleadings in the O.A.No.1793/2020 now pending before the Tribunal
without any further delay. The Registry will forward a copy of this
judgment to the Kerala Administrative Tribunal, Thiruvananthapuram
OP(KAT).No.4 OF 2021
Bench, which is dealing with O.A.No.1793/2020, for necessary
information.
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.4 OF 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE MEMORANDUM OF OA
NO.1793/2020 ALONG WITH ANNEXURES
ANNEXURE -A1 TRUE COPY OF THE GAZETTE NOTIFICATION
DATED 12.08.2011 NOTIFIED AS CATEGORY
NO.268/2011 BY THE 3RD RESPONDENT
ANNEXURE-A2 TRUE COPY OF THE RELEVANT PORTION OF THE
RANK LIST DATED 19.11.2014 PUBLISHED FOR
CATEGORY NO.268/2011 BY THE 3RD RESPONDENT
ANNEXURE-A3 TRUE COPY OF THE APPOINTMENT CHART FOR
ADVICES MADE ON 24.12.2014 BY THE 3RD
RESPONDENT FROM ANNEXURE A2
ANNEXURE-A4 TRUE COPY OF THE APPOINTMENT CHART FOR
ADVICES MADE ON 25.01.2018 BY THE 3RD
RESPONDENT FROM ANNEXURE A2
ANNEXURE-A5 TRUE COPY OF THE DETAIL OF ADVICE MADE
UNDER ANNEXURE A2 RANK LIST AS OBTAIN FORM
WWW.OLD.KERALA.PSC.GOV.IN
ANNEXURE-A6 TRUE COPY OF THE FINAL ORDER DATED
03.08.2018 IN OA 1900/2017 AND CONNECTED
CASE ON THE FILE OF THIS HON'BLE TRIBUNAL
ANNEXURE-A7 TRUE COPY OF THE COMMON JUDGMENT DATED
19.06.2019 IN OP(KAT) 17 AND 24 OF 2019 ON
THE FILE OF THE HON'BLE HIGH COURT OF
KERALA
ANNEXURE-A8 TRUE COPY OF THE COMMON JUDGMENT DATED
24.07.2019 IN RP 657/2019, 659/2019 AND
660/2019 ON THE FILE OF THE HON'BLE HIGH
COURT OF KERALA
ANNEXURE-A9 TRUE COPY OF THE INTERIM ORDER DATED
18.10.2019 IN SLP (C)NOS.24214-24221/2019
ON THE FILE OF THE HON'BLE SUPREME COURT
OP(KAT).No.4 OF 2021
ANNEXURE-A10 TRUE COPY OF THE GAZETTE NOTIFICATION
DATED 14.12.2017 NOTIFIED AS CATEGORY
NO.541/2017 BY THE 3RD RESPONDENT
ANNEXURE-A11 TRUE COPY OF THE RELEVANT PORTION OF THE
RANK LIST FOR CATEGORY NO.541/2011 DATED
08.07.2020
ANNEXURE-A12 TRUE COPY OF THE APPOINTMENT CHART FOR THE
ADVICE MADE ON 30.09.2020 BY THE 3RD
RESPONDENT
ANNEXURE-A13 TRUE COPY OF THE REPRESENTATION DATED
27.10.2020 SUBMITTED BY THE 1ST APPLICANT
BEFORE THE RESPONDENTS 1 TO 3
EXHIBIT P2 TRUE COPY OF THE INTERIM ORDER DATED
11.11.2020 IN OA NO.1793/2020 OF THE KAT
THIRUVANANTHAPURAM
EXHIBIT P3 TRUE COPY OF THE REPLY STATEMENT FILED BY
THE RESPONDENTS 4 TO7
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 31.12.2020 OF
THE 6TH RESPONDENT
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 01.01.2021
ISSUED BY THE DISTRICT MEDICAL OFFICER
(AYURVEDA IDUKKI)
RESPONDENT'S/S EXHIBITS:
EXHIBIT R1 A A TRUE COPY OF THE ROTATION CHART FOR
APPOINTMENT FOR POSTS OTHER THAN LAST GRADE
SERVICES
EXHIBIT R1 B A TRUE COPY OF THE REPRESENTATION DATED
13.11.2020 ALONG WITH POSTAL RECEIPT
EXHIBIT R1 C A TRUE COPY OF REPLY DATED 27.11.2020 ISSUED
BY THE PIO, DISTRICT MEDICAL OFFICE (INDIAN
SYSTEMS OF MEDICINE), IDUKKI
OP(KAT).No.4 OF 2021
EXHIBIT R1 (D) A TRUE COPY OF THE REPLY DATED 07.12.2020
ISSUED BY THE DISTRICT MEDICAL OFFICER
(INDIAN SYSTEMS OF MEDICINE), IDUKKI.
EXHIBIT R1 (E) A TRUE COPY OF THE ORDER
NO.D3/109392/2020/DISM DATED 30.10.2020
ISSUED BY THE 7TH RESPONDENT.
EXHIBIT R1 (F) A TRUE COPY OF THE REPLY UNDER THE RTI ACT
DATED 24.12.2020 ISSUED BY THE 7TH
RESPONDENT
