B.Krishnakumar vs State Of Kerala
2021 Latest Caselaw 10 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

           THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

                                &

               THE HONOURABLE MR. JUSTICE T.R.RAVI

     MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942

                      OP(KAT).No.448 OF 2020

  OA (EKM) 960/2020 OF KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM
                               BENCH


PETITIONERS/APPLICANTS:

      1      B.KRISHNAKUMAR
             AGED 52 YEARS
             S/O.M.BHASKARAN NAIR, DEPUTY SUPERINTENDENT OF
             POLICE, EXTREMIST CELL, SSB HEADQUARTERS,
             PATTOM, THIRUVANANTHAPURAM-695 004,
             CURRENTLY RESIDING AT KRISHNAJYOTHI,
             THEKKE VENGARA, THIRUVALLAM P.O.,
             THIRUVANANTHAPURAM-695 027.

      2      V.AJAYAKUMAR,
             AGED 50 YEARS
             S/O.G.VELAYUDHAN NAIR,
             DEPUTY SUPERINTENDENT OF POLICE (HG),
             VACB, SIU 1, POOJAPPURA,
             THIRUVANANTHAPURAM-695 012,
             CURRENTLY RESIDING AT TC 17/1066(2),
             DEVANANDANAM, POOJAPPURAM,
             THIRUVANANTHAPURAM-695 012.

      3      M.SAIBUDEEN,
             AGED 55 YEARS
             S/O.A.M.HANEEFA, DEPUTY SUPERINTENDENT OF POLICE,
             NRI CELL, POLICE HEADQUARTERS, VELLAYAMBALAM,
             THIRUVANANTHAPURAM-695 010,
             CURRENTLY RESIDING AT PICHAKOM, TC 3/1108(5),
             VYASA NAGAR, PARUTHIPPARA, PATTOM P.O.,
             THIRUVANANTHAPURAM-695 004.

      4      ASOKAN.A,
             AGED 55 YEARS
             S/O.APPUKUTTAN.K.,
             DEPUTY SUPERINTENDENT OF POLICE,
             C BRANCH, OFFICE OF THE DISTRICT POLICE CHEF,
             KOLLAM RURAL, KOLLAM-691 001,
 OP(KAT).No.448 OF 2020

                                       2


                    CURRENTLY RESIDING AT KANNANKARA,
                    JANAKEEYA NAGAR, PARVATHYAR JUNCTION,
                    PATTATHANAM, KOLLAM-691 021.

                    BY ADVS.
                    SRI.SHABU SREEDHARAN
                    SRI.S.VIJAYAN
                    SRI.V.PRINCE DEV
                    SRI.C.RAJESWARA KUMAR
                    SRI.JINSON OUSEPH
                    SMT.CHITRA VIJAYAN

RESPONDENTS/RESPONDENTS:

          1         STATE OF KERALA
                    REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY IN
                    CHARGE OF HOME AND VIGILANCE,
                    GOVERNMENT OF KERALA, SECRETARIAT,
                    THIRUVANANTHAPURAM-695 001.

          2         ADDITIONAL CHIEF SECRETARY,
                    IN CHARGE OF HOME AND VIGILANCE AND CONVENER DPC
                    (HIGHER), GOVERNMENT OF KERALA, SECRETARIAT,
                    THIRUVANANTHAPURAM-695 001.

          3         STATE POLICE CHIEF,
                    POLICE HEADQUARTERS, VELLAYAMBALAM,
                    THIRUVANANTHAPURAM-695 010.

          4         KERALA PUBLIC SERVICE COMMISSION,
                    REPRESENTED BY ITS SECRETARY, OFFICE OF THE KERALA
                    PUBIC SERVICE COMMISSION, PATTOM,
                    THIRUVANANTHAPURAM-695 004.

          5         C.V.PAPPACHAN,
                    DEPUTY COMMANDANT, INDIA RESERVE BATTALION,
                    RAMAVARMAPURAM, THRISSUR-680 631.

          6         P.P.THOBIAS,
                    DEPUTY COMMANDANT AND CHIEF MARSHAL, KERALA
                    LEGISLATIVE ASSEMBLY, VIKAS BHAVAN,
                    THIRUVANANTHAPURAM-695 033.

          7         M.RAJAN,
                    DEPUTY COMMANDANT, SBCID SECURITY, SPECIAL BRANCH
                    HEADQUARTERS, PATTOM, THIRUVANANTHAPURAM-695 004.

          8         B.AJITHKUMAR,
                    DEPUTY COMMANDANT MALABAR SPECIAL POLICE,
 OP(KAT).No.448 OF 2020

                                          3


                    MALAPPURAM-676 305.

          9         JOSE V.GEORGE,
                    DEPUTY COMMANDANT, KERALA ARMED POLICE 1ST
                    BATTALION, THRIPUNITHURA, ERNAKULAM-682 301.

          10        SIJIMON GEORGE KAREETHARA,
                    DEPUTY COMMANDANT, ON DEPUTATION AS SECURITY
                    OFFICER, INSTITUTE OF MANAGEMENT IN GOVERNMENT
                    (IMG), THIRUVANANTHAPURAM-695 033.

          11        L.SOLOMON,
                    DEPUTY COMMANDANT, SPECIAL ARMED POLICE,
                    PEROORKADA, THIRUVANANTHAPURAM-695 005.

          12        JOHNY AUGUSTINE,
                    DEPUTY COMMANDANT, INDIA RESERVE BATTALION,
                    RAMAVARMAPURAM, THRISSUR-680 631.

          13        M.A.MANOJ KUMAR,
                    DEPUTY COMMANDANT, KERALA ARMED POLICE 2ND
                    BATTALION, MUTTIKULANGARA, PALAKKAD-678 594.

          14        C.V.SASI,
                    DEPUTY COMMANDANT, KERALA ARMED POLICE 3RD
                    BATTALION, ADOOR, PATHANAMTHITTA-691 523.

          15        C.K.PRAKASAN,
                    DEPUTY COMMANDANT, INDIA RESERVE BATTALION,
                    RAMAVARMAPURAM, THRISSUR-680 631.

          16        SUJITH.S.S.
                    AGED 39 YEARS
                    S/O.S.V.SURENDRAN NAIR, ASSISTANT COMMANDANT,
                    SPECIAL ARMED POLICE, THIRUVANANTHAPURAM-695 005,
                    RESIDING AT NANDANAM, NEDUMPARA LANE,
                    EANIKKARA,KARAKULAM P.O., THIRUVANANTHAPURAM-695
                    043.

          17        SIRAJUDEEN.R.S.
                    AGED 38 YEARS
                    S/O.ABDUL SALAM, ARMED POLICE INSPECTOR, KERALA
                    POLICE ACADEMY, THRISSUR-680 631, RESIDING AT
                    NAJUMA MANZIL, KOYITHOORKONAM, POTHENCODE,
                    THIRUVANANTHAPURAM-695 584.

          18        MANOJ K NAIR,
                    AGED 44 YEARS
                    S/O.KRISHNANKUTTY NAIR, ASSISTANT COMMANDANT,
 OP(KAT).No.448 OF 2020

                                       4


                    KERALA ARMED POLICE, 1 BN., HILL PALACE,
                    THRIPUNITHURA, ERNAKULAM-682 301, RESIDING AT
                    KALATHIPARAMBIL, VAISHYAMBHAGOM P.O.,
                    ALAPPUZHA-680 005.

          19        PRAMOD.V.
                    AGED 34 YEARS
                    S/O.VELAYUDHAN.C., ARMED POLICE INSPECTOR, KAP2
                    BN., PALAKKAD-678 594, RESIDING AT PALAPARAMBU
                    HOUSE, NENMARA P.O., PALAKKAD-678 508.

          20        STARMON R.PILLAI,
                    AGED 46 YEARS
                    S/O.RAJAN PILLAI, ASSISTANT COMMANDANT, K A P 5
                    BN., KUTTIKKANAM, IDUKKI-685 531, RESIDING AT
                    DEEPALAYAM, PUTHENTHURA P.O., NEENDAKARA,
                    KOLLAM-691 588.


OTHER PRESENT:

                    SRI.B.VINOD, SR.GOVT.PLEADER,
                    SRI.P.C.SASIDHARAN,SC

     THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 04.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(KAT).No.448 OF 2020

                                                    5


                   ALEXANDER THOMAS & T.R.RAVI, JJ.
                       =======================
                         O.P.(KAT) No. 448 of 2020
                       =======================
                   Dated this the 04th day of January, 2021

                                         JUDGMENT

ALEXANDER THOMAS, J.

The prayers in the above O.P.(KAT) filed under Section 227

of the Constitution of India is as follows:

"1. To direct the Kerala Administrative Tribunal, Ernakulam, Bench to consider and pass orders in Exhibits P1 & P2 MAs in OA(EKM) No.960/2020 within a time frame.

2. And to pass such other appropriate orders or directions which the Hon'ble Court deems fit and proper in the facts and circumstances of the case so as to secure the ends to justice"

2. Heard Sri.Shabu Sreedharan, the learned counsel for

the petitioners, Sri.B.Vinod, the learned Government Pleader

appearing for the official respondents 1 to 3 and

Sri.P.C.Sasidharan, the learned Standing Counsel for the Kerala

Public Service Commission appearing for contesting respondent

No.4. In the nature of orders proposed to be passed in this original

petition, notices to contesting respondents 5 to 20 will stand

dispensed with.

3. The main contentions urged by the petitioners are as

follows :

OP(KAT).No.448 OF 2020

"A. Apprehending ultravires acts on the part of the respondents 1 to 4 in giving promotion of the said DCs of APBn, the petitioners preferred a detailed representation before the 2nd respondent dated 06.07.2020 requesting to convene an urgent Ad hoc DPC(H) for the preparation of Select List of the officers fit for promotion as SP (Non- IPS) for the vacancies in the year 2020 in view of the vacancies of Commandants in APBn. But the 2nd respondent did not take any favourable steps towards such a representation resulting in the filing of the OA.

B. It is reliably learnt that the respondents 1 to 4 are taking hasty steps to see that certain DCs to APBn out of the respondents 5 to 20 are either given temporary appointment or given promotion as Commandants in the vacant posts in the APBn. If it so happen, the very OA will become infructuous and the petitioners will have to suffer irreparable heavy loss and severe legal injury. In order to avoid such unpleasant situation, it is very much necessary for the petitioners to get urgent orders in the Exhibits-P1 & P2 MAs."

In the light of these averments and contentions the

petitioners have filed the instant petition with the afore mentioned

prayers.

4. After hearing both sides and after taking note to the

facts and circumstances of this case as disclosed from the

pleadings and materials on record, we would dispose this petition

by requesting the Tribunal to take all reasonable endeavours

possible to ensure the early disposal of Ext.P1 MA(EKM)

No.1308/2020 in OA (EKM)No.960/2020 and Ext.P2 MA(EKM)

No.1382/2020 in OA (EKM)No.960/2020, without much delay,

and taking note of the urgency expressed by the petitioners.

The Registry will forward the copy of this judgment to the OP(KAT).No.448 OF 2020

Kerala Administrative Tribunal, Ernakulam Bench, for necessary

information and further action.

With these observations and directions, the above original

petition (KAT) will stand disposed of.

Sd/-

ALEXANDER THOMAS JUDGE

Sd/-

T.R.RAVI JUDGE VPK OP(KAT).No.448 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE MA(EKM) NO.1308/2020 IN OA(EKM) NO.960/2020 FILED BY THE PETITIONERS BEFORE THE KAT, ERNAKULAM BENCH DATED 18.09.2020.

ANNEXURE MA1 TRUE COPY OF THE JUDGMENT DECIDED ON 04.04.2003 IN T.CHANDRAN VS. UNION OF INDIA (2003(2) KLT 567) OF THE HON'BLE HIGH COURT OF KERALA.

EXHIBIT P2 THE TRUE COPY OF THE MA(EKM) NO.1382/2020 IN OA(EKM) NO.960/2020 FILED BY THE PETITIONERS BEFORE THE KAT,, ERNAKULAM BENCH DATED 05.10.2020.

ANNEXURE MA2 TRUE COPY OF GO(MS) 182/2020/HOME DATED 29.09.2020 OF THE 1ST RESPONDENT.

ANNEXURE MA3 TRUE COPY OF THE JUDGMENT DATED 16.10.2009 OF THE HON'BLE HIGH COURT OF KERALA IN WPC NO.18664/2019(C).