Kerala High Court
State Of Kerala vs State Of Kerala on 13 January, 2021
O.P.(KAT) No.359 of 2020 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942
OP(KAT).No.359 OF 2020
AGAINST THE ORDER IN OA (EKM) 1144/2018 OF KERALA ADMINISTRATIVE
TRIBUNAL, THIRUVANANTHAPURAM (CAMP SITTING, ERNAKULAM)
PETITIONERS/RESPONDENTS IN OA:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001, KERALA.
2 THE TRANSPORT COMMISSIONER,
TRANSPORT COMMISSIONERATE 2ND FLOOR,
TRANS TOWER, VAZHUTHACAUD,
THIRUVANANTHAPURAM 695 014.
3 THE CONVENER,
DEPARTMENT PROMOTION COMMITTEE,
HIGHER MOTOR VEHICLES DEPARTMENT
2ND FLOOR, TRANS TOWERS VAZHUTHACAUD,
THIRUVANANTHAPURAM 695 014.
BY GOVT.PLEADER SRI.T.RAJASEKHARAN NAIR
RESPONDENT/APPLICANT IN OA:
BIJU ISAC
AGED 47 YEARS
S/O.E.A. ISSAC, MOTOR VEHICLE INSPECTOR,
OFFICE OF THE DEPUTY TRANSPORT COMMISSIONER,
CENTRAL ZONE II, ERNAKULAM 682 020,
RESIDING AT ERALIL HOUSE,
NEAR BOYS HIGH SCHOOL, PERUMBAVOOR 683 542.
BY ADV. SRI.K.JAJU BABU (SR.)
BY ADV. SMT.M.U.VIJAYALAKSHMI
BY ADV. SRI.BRIJESH MOHAN
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY
HEARD ON 13.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(KAT) No.359 of 2020 2
ALEXANDER THOMAS & T.R. RAVI, JJ.
------------------------------------------------
O.P.(KAT) No.359 of 2020
--------------------------------------------------
Dated this the 13th day of January, 2021
JUDGMENT
ALEXANDER THOMAS, J.
The prayer in the aforecaptioned Original Petition (KAT) filed under
Articles 226 and 227 of the Constitution of India, is as follows;
"..... ..... .... to set aside Exhibit P2 order in O.A.(E)No.1144/2018 on the file of
the Kerala Administrative Tribunal by allowing this Original Petition."
2. Heard Sri T.Rajasekharan Nair, learned Senior Government
Pleader appearing for the petitioners in the original petition/respondents
in the OA before the Tribunal and Sri K.Jaju Babu, learned Senior Counsel,
instructed by Ms.T.S.Athira, learned counsel appearing for the respondent
in the original petition/original applicant before the Tribunal.
3. We had heard the parties in length on the previous two
occasions. On 06.01.2021, after hearing both sides, we have passed an
order in this case, which reads as follows;
"Both sides have been heard in extenso. Thereafter,
Sri.T.Rajasekharan Nair, learned Senior Government Pleader appearing
for the petitioners seeks short time to get instructions from the
competent authority of the State Government, including the Chief
Secretary to Government, the Law Secretary and the Principal Secretary
to Government in the Transport Department, as to whether this original
petition is being pressed or whether it can be closed as withdrawn or not
pressed, etc.
2. Though only two days' time has been sought for on behalf
of the petitioners, this Court would now give more time in that regard, in
order to enable the responsible officers of the State Government, more
particularly, the Chief Secretary to Government, the Law Secretary and
the higher level competent authorities of the State Government, to
furnish necessary instructions to the learned Senior Government Pleader
in this matter.
List the case for judgment/orders at 10.15 a.m. On 12/01/2021."
4. Today, when the matter is being taken up for consideration,
Sri T.Rajasekharan Nair, learned Senior Government Pleader appearing for
the petitioners in the original petition/respondent in the OA would submit
on specific instructions that after having detailed discussions in the matter
with the competent authorities of the State Government in the higher level
as well as Principal Secretary to Government in the Transport Department
and the learned Advocate General, the Senior Government Pleader has
been instructed to submit that leave may be granted to the petitioners to
withdraw the above original petition. The learned Senior Government
Pleader has also submitted that he has received a letter
No.C3/244/2018-TRANS dated 13.01.2021 sent by the Principal Secretary
to Government in the Transport Department addressed to him, received by
fax, and a copy of the letter dated 13.01.2021 has been made available by
the learned Senior Government Pleader for perusal of this Court and the
said letter dated 13.01.2021 reads as follows;
"GOVERNMENT OF KERALA
Transport (C) Department
No.C3/244/2018-TRANS 13/01/2021,
Thiruvananthapuram
From
The Principal Secretary to Government
To
Sri.T.Rajasekharan Nair,
Senior Government Pleader,
O/o the Advocate General,
Ernakulam.
Sir,
Sub: Transport Department - OP(KAT)No.359/2020 against the
final order in OA(EKM)No.1144/2018, filed by Sri.Biju Isac,
MVI - reg:-
Ref: Your letter No.OP(KAT)No.359/2020 dated 08.01.2021.
I am to invite your attention to the reference cited and to inform
you that the OP(KAT)No.359/2020 filed against the final order in
OA(EKM)No.1144/2018, filed by Sri.Biju Isac, Motor Vehicles Inspector,
hereby withdrawn by the Government based on your instruction that the
court is not satisfied with Appeal. It is also informed that the necessary
direction is given to the Transport Commissioner to consider the case of
Sri.Biju Issac to be placed before the next Departmental Promotion
Committee (Lower).
Yours faithfully,
Sd/-
JOSEPHINE K
JOINT SECRETARY
For Principal Secretary to Government."
5. The learned Senior Government Pleader would further submit
that the matter has now resulted in a contempt proceedings before the
Tribunal and that the Principal Secretary to Government and the
Governmental authorities concerned, more particularly, Principal
Secretary to Government in the Transport Department will be taking
immediate and earnest steps to ensure that the proceedings after Ext.P2
will be unconditionally withdrawn, that those proceedings have been
mainly issued not solely by the Principal Secretary to Government in the
Transport Department but by the Departmental Promotion Committee
concerned and that therefore, the matter will have to be placed for
consideration by the Departmental Promotion Committee, which consists
of not only the Principal Secretary to Government in the Transport
Department as its ex-officio Convener, but a member of the Kerala Public
Service Commission as its ex-officio Chairman as well as the Transport
Commissioner as the Head of the Department concerned, subordinate to
the Government and that therefore the said competent authorities
concerned including the Principal Secretary to Government in the
Transport Department would require 6 to 7 weeks to sort out all those
issues and to pass revised orders in faithful, proper and lawful compliance
of the directions issued by the Kerala Administrative Tribunal,
Thiruvananthapuram Bench as per the impugned Ext.P2 final order dated
06.06.2018 in O.A.(Ekm)No.1144 of 2018 and to ensure that the benefits of
Annexure A3 revised select list finalised by the Departmental Promotion
Committee concerned as early as on 21.03.2011 is effectuated in substance
and spirit. This Court had sought the response of the respondent
herein/original applicant, to which, Sri K.Jaju Babu, learned Senior
Counsel appearing on behalf of the respondent would submit on specific
instructions furnished by the instructing counsel that the respondent will
not put forward any unnecessary objections, if the competent authorities
concerned including the Principal Secretary to Government in the
Transport Department seeks for time before the Kerala Administrative
Tribunal in the pending contempt proceedings in C.P.(Ekm)No.26 of 2019
(arising out of the impugned Ext.P2 order dated 06.06.2018 in O.A.
(Ekm)No.1144 of 2018 rendered by the said Tribunal), provided, the above
said submissions made on behalf of the competent authorities including
the Principal Secretary to Government in the Transport Department are
genuine and bonafide and not meant for the purpose of merely buying time
and to stultify the already concluded rights and interests of the
respondent/original applicant. Now that all what the petitioners seek for is
leave to withdraw the original petition, we would only observe that there
may not be any difficulty to grant leave to withdraw the original petition
and for its consequential dismissal and it is for the competent authority
concerned, more particularly, Principal Secretary to Government in the
Transport Department to approach the Kerala Administrative Tribunal,
who is in seizin of contempt proceedings (C.P.(Ekm)No.26 of 2019)
referred to in Ext.P4 and to convince the said Tribunal about the
seriousness and bonafides of the above said pleas and seek for time. If the
plea made by the competent authorities concerned, more particularly,
Principal Secretary to Government in the Transport Department is
bonafide, sincere and genuine, we have no doubt whatsoever that the
Tribunal would certainly examine those pleas, but of course after hearing
the original applicant/contempt petitioner/respondent herein. We have
already noted the fair submissions made by the learned Senior Counsel
appearing on behalf of the respondent herein/contempt petitioner/original
applicant based on the instructions furnished to him by his instructing
counsel, who indeed has secured instructions from the said party. In the
light of the above said submissions made by the petitioners, leave is
granted to them to withdraw the instant original petition.
Accordingly, it is ordered that the above original petition (KAT) will
stand dismissed as withdrawn.
Sd/-
ALEXANDER THOMAS,
JUDGE
Sd/-
T.R. RAVI,
JUDGE
dsn
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE OA. (EKM) 1144/2018 ALONG
WITH ANNEXURES.
ANNEXURE A1 A TRUE COPY OF THE ORDER NO. A4/17/TC/2011
DATED 27.12.2011 ISSUED BY THE 2ND
RESPONDENT.
ANNEXURE A2 A TRUE COPY OF THE JUDGMENT DATED
04.06.2010 IN WPC NO. 12341/2010 OF THE
HONBLE HIGH COURT OF KERALA.
ANNEXURE A3 A TRUE COPY OF THE REVISED SELECT LIST
PUBLISHED AS PER PROCEEDING, NO.
A1/25912/TC/2010 (III), DATED 21.03.2011 BY
THE 3RD RESPONDENT.
ANNEXURE A4 TRUE COPY OF THE REPRESENTATION DATED
03.09.2014 SUBMITTED BY THE APPLICANT
BEFORE THE 2ND RESPONDENT.
ANNEXURE A5 A TRUE COPY OF THE ORDER NO.
A6/E3568/C/2016 DATED 28.04.2017 ISSUED BY
THE 2ND RESPONDENT.
ANNEXURE A6 A TRUE COPY OF THE REPRESENTATION DATED
25.05.2017 SUBMITTED BY THE APPLICANT
BEFORE THE 2ND RESPONDENT.
ANNEXURE A7 TRUE COPY OF THE ACKNOWLEDGEMENT CARD
PROVING RECEIPT OF ANNEXURE A6 BY
RESPONDENTS 1 AND 2.
EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 06.06.2018
IN OA (EKM) NO. 1144/2018 PASSED BY THE
KERALA ADMINISTRATIVE TRIBUNAL.
EXHIBIT P3 TRUE COPY OF THE AFFIDAVIT DATED 05.11.2018
FILED BY THE 1ST RESPONDENT.
ANNEXURE R1 A TRUE COPY OF THE GOVERNMENT ORDER G.O. (RT)
491/18/TRANS DATED 03.11.2018.
EXHIBIT P4 A TRUE COPY OF THE AFFIDAVIT DATED
08.082019 N C.P. NO. 26/2019 IN OA EKM, NO.
1144/2018.
ANNEXURE R1 A TRUE COPY OF THE CONFIDENTIAL REPORT
SUBMITTED BY THE PETITIONER.
ANNEXURE R1 B TRUE COPY OF THE LETTER DATED 11.04.2019.
RESPONDENT'S EXTS:
EXHIBIT R1(A) TRUE COPY OF THE NOTIFICATION/ SELECT LIST
VIDE NO A1/TC 23335/2000 DATED 6.4.2009
PUBLISHED BY THE STATE TRANSPORT AUTHORITY ON
19.5.2009
EXHIBIT R1(B) TRUE COPY OF THE MINUTES OF THE REVIEW DPC
HELD ON 21.7.2010
EXHIBIT R1(C) TRUE COPY OF THE WPC NO 27144/2010 FILED BY
BIJU ISAC DATED 21.8.2010(WITHOUT EXHIBITS)
EXHIBIT R1(D) TRUE COPY OF THE MEMO DATED 4.1.2012 FILED BY
BIJU ISAC IN WPC NO 27144/2010 OF THIS HON'BLE
COURT
EXHIBIT R1(E) TRUE COPY OF THE JUDGMENT DATED 9.1.2012 IN
WPC NO 27144/2010 OF THIS HON'BLE COURT
EXHIBIT R1(F) TRUE COPY OF THE GO(RT) NO 233/2019/TRANS
DATED 25.5.2019 ISSUED BY THE GOVERNMENT
EXHIBIT R1(G) TRUE COPY OF THE MINUTES OF THE MEETING OF
ADHOC DPC HELD ON 14.5.2019
EXHIBIT R1(H) TRUE COPY OF THE ORDER DATED 17.7.2019 IN
CP(EKM) NO 26/2019 IN OA(EKM)NO.1144/2018 OF
THE KAT, THIRUVANANTHAPURAM(ADDL.BENCH,
ERNAKULAM)
EXHIBIT R1(I) TRUE COPY OF THE JUDGMENT DATED 22.8.2019
IN OP(KAT)No.329/2019 OF THIS COURT.
EXHIBIT R1(J) TRUE COPY OF THE AFFIDAVIT FILED BY THE
RESPONDENT IN CP(EKM) NO 26/2019 IN OA(EKM) NO
1144/2018 DATED 17.5.2019 (WITHOUT ANNEXURES)
EXHIBIT R1(K) TRUE COPY OF THE GO(RT) NO 502/2019/TRANS
DATED 29.10.2019 ISSUED BY THE GOVERNMENT
EXHIBIT R1(L) TRUE COPY OF THE ORDER DATED 15.11.2019 IN
CP(EKM) 1144/2018 OF THE KAT,
THIRUVANANTHAPURAM (ADDL.BENCH,ERNAKULAM)
EXHIBIT R1(M) TRUE COPY OF THE ORDER DATED 28.11.2019 IN
CP(EKM) NO 26/2019 IN OA(EKM) 1144/2018 OF THE
KAT, THIRUVANANTHAPURAM (ADDL.BENCH,ERNAKULAM)
EXHIBIT R1(N) TRUE COPY OF THE GO(RT) NO 554/2019/TRANS
DATED 9.12.2019 ISSUED BY THE GOVERNMENT
EXHIBIT R1(O) TRUE COPY OF THE MINUTES OF THE ADHOC DPC
MEETING HELD ON 9.12.2019
