Kerala High Court
Janesh K vs The State Of Kerala 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.53 OF 2021
ARISING FROM OA (EKM) 1711/2020 OF KERALA ADMINISTRATIVE
TRIBUNAL, ERNAKULAM
PETITIONERS/APPLICANTS:
1 JANESH K.
AGED 32 YEARS
S/O.KOSU.C, RESIDING AT NADUPPATHY,
KUTTIPPADAM, MUTHALAMADA P.O., PALAKKAD-678507,
NOW WORKING AS WATCHMAN AT PWD REST HOUSE,
PALAKKAD, OFFICE OF THE ASSISTANT ENGINEER,
PWD (BUILDINGS) DIVISION, SECTION-2,
PALAKKAD-678001.
2 RAJESH.M,
AGED 38 YEARS
S/O.MAYANDI, RESIDING AT PADIKKAL HOUSE,
VALMUTTY, CHITTUR, PALAKKAD-678101, NOW WORKING
AS WATCHMAN AT DISTRICT OFFICE, PWD ROADS
DIVISION OFFICE, PALAKKAD-678001.
BY ADVS.
SRI.S.SABARINADH
SMT.INDULEKHA JOSEPH
RESPONDENTS/RESPONDENTS:
1 THE STATE OF KERALA
THROUGH ITS PUBLIC WORKS DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001,
REPRESENTED BY ITS SECRETARY.
O.P (KAT) No.53/2021
2
2 THE CHIEF ENGINEER (ADMINISTRATION),
PUBLIC WORKS DEPARTMENT,
PUBLIC OFFICE COMPLEX, MUSEUM P.O.,
THIRUVANANTHAPURAM-695033.
3 THE SENIOR ADMINISTRATIVE OFFICER,
OFFICE OF THE CHIEF ENGINEER, PUBLIC WORKS
DEPARTMENT, PUBLIC OFFICE COMPLEX, MUSEUM P.O,
THIRUVANANTHAPURAM-695033.
4 THE ADMINISTRATIVE ASSISTANT,
OFFICE OF THE CHIEF ENGINEER, PUBLIC WORKS
DEPARTMENT, PUBLIC OFFICE COMPLEX, MUSEUM
P.O., THIRUVANANTHAPURAM-695033.
5 THE KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY, THULASI HILLS,
PATTOM PALACE P.O., THIRUVANANTHAPURAM-695004.
6 THE SECRETARY,
PERSONNEL AND ADMINISTRATIVE REFORMS (ADVICE-
C) DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
BY ADVS.
SRI.B.UNNIKRISHNA KAIMAL, GOVT.PLEADER,
SRI.P.C.SASIDHARAN,SC
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME
UP FOR ADMISSION ON 16.02.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
O.P (KAT) No.53/2021
3
ALEXANDER THOMAS & T.R.RAVI, JJ.
------------------------------------
O.P(KAT) No. 53 of 2021
(Arising from O.A (Ekm) No.1711 of 2020 of
Kerala Administrative Tribunal, Ekm Bench)
------------------------------------
Dated this the 16th day of February, 2021
JUDGMENT
ALEXANDER THOMAS, J.
The prayers in the afore captioned Original Petition filed
under Articles 226 & 227 of the Constitution of India are as
follows:
"(i) Direct the Kerala Administrative Tribunal (Ernakulam) to
dispose of O.A (Ekm) 1711/2020 on the next hearing date or in
the alternative.
(ii) Allow the second interim prayer sought by the
petitioners/applicants in O.A (Ekm) 1171/2020 i.e to direct the
2nd respondent herein to set apart two vacancies, from the
available and anticipated vacancies of office Attendants, in
favour of the applicants herein and further be directed to
restrain from filling up such vacancies which are thus set apart
for applicants (by any mode of recruitment whatsoever): and
(iii) Direct the Kerala Administrative Tribunal (Ernakulam) to
consider and dispose of O.A (Ekm) 1711/2020, on merits, within
a time frame of Three weeks: and
(iv) Pass such any other direction, order or reliefs, as this Hon'ble
Court may deem fit in the interest of justice, equity and good
conscience."
2. Heard Sri.S.Sabarinadh, learned counsel appearing for the
petitioners in the O.P, Sri.B.Unnikrishna Kaimal, learned
Government Pleader appearing for respondents 1 to 4 & 6 and
Sri.P.C.Sasidharan, learned Standing Counsel for the Kerala Public
Service Commission appearing for R5.
O.P (KAT) No.53/2021
3. The limited prayer made by Sri.S.Sabarinadh, learned
counsel appearing for the petitioners in the O.P is that, this Court
may issue necessary directions to ensure the early final disposal of
Ext.P4 O.A (Ekm) No.1711/2020 filed by the petitioners herein
before the Kerala Administrative Tribunal, Ernakulam Bench
within three weeks or so, as otherwise the matter in issue may
become practically redundant and infructuous.
4. Sri.B.Unnikrishnan, learned Government Pleader
appearing for the respondents other than R5 would submit that, it
is admitted in paragraph No.13 on page No.5 of this O.P that the
Tribunal has posted the O.A to 24-02-2021 and also submits that
no materials are made out in this O.P to show as to how the matter
in issue raised in the O.A, which shall become infructuous within
three or four weeks and that the respondents may be given
reasonable time to complete the pleadings.
5. 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 endeavours possible
under the circumstances to facilitate the early final disposal of
Ext.P4 O.A (Ekm) No.1711/2020 without much delay, preferably
O.P (KAT) No.53/2021
within a period of four weeks from the date of production of a
certified copy of this judgment or within any reasonable time limit
that may be appropriately fixed by the Tribunal in the manner
deems fit and proper and in the interest of justice.
6. The Registry will forward a copy of this judgment to the
Kerala Administrative Tribunal, Ernakulam Bench, which is
dealing with O.A (Ekm) No.1711/2020 for necessary information.
With these observations and directions the above Original
Petition will stand disposed of .
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
T.R.RAVI, JUDGE
KAS
O.P (KAT) No.53/2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE PHOTOCOPY OF THE ORDER DATED
10.07.2020 IN OA(EKM)-971/2020 OF KAT
(ERNAKULAM BENCH).
EXHIBIT P2 A TRUE PHOTOCOPY OF THE ORDER
NO.ED3/12059/2020 DATED 24.09.2020
ISSUED BY THE 2ND RESPONDENT TO THE
PETITIONERS.
EXHIBIT P3 A TRUE PHOTOCOPY OF THE CIRCULAR
NO.ADVC3/116/2020/P&ARD DATED
12.09.2020 ISSUED BY THE 6TH
RESPONDENT.
EXHIBIT P4 A TRUE PHOTOCOPY OF THE O.A.
(EKM)1711/2020 FILED BY THE
PETITIONERS BEFORE THE KERALA
ADMINISTRATIVE TRIBUNAL, ERNAKULAM.
RESPONDENT'S/S EXHIBITS: NIL
