Divya.M.G vs State Of Kerala
2021 Latest Caselaw 3237 Ker

O.P.(KAT) No.30 of 2021             1




                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT

                THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

                                        &

                      THE HONOURABLE MR. JUSTICE T.R.RAVI

        FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

                             OP(KAT).No.30 OF 2021

        RA (EKM)No.11/2020 IN IN OA (EKM) 1220/2020 OF KERALA
               ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH

PETITIONER/PETITIONER:
             DIVYA.M.G
             AGED 38 YEARS
             W/O JAYENDRAKUMAR M,
             AKKIKUDI HOUSE, THENGODU P O,
             KAKKANAD VIA, ERNAKULAM,
             KERALA, PIN-683020.

             BY ADV. SRI.M.RETHEESHKUMAR
RESPONDENTS/RESPONDENTS:

         1         STATE OF KERALA
                   REPRESENTED BY THE SECRETARY TO GOVERNMENT,
                   HIGHER EDUCATION DEPARTMENT,
                   GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

         2         DIRECTOR OF COLLEGIATE EDUCATION
                   DIRECTORATE OF COLLEGIATE EDUCATION,
                   THIRUVANANTHAPURAM-695001.

         3         THE KERAAL PUBLIC SERVICE COMMISSION
                   REPRESENTED BY ITS SECRETARY,
                   OFFICE OF THE KERALA PUBLIC SERVICE COMMISSION,
                   PATTOM P O, THIRUVANANTHAPURAM-695004.

                   R1 & R2 BY SRI.B.VINOD, SR.GOVT.PLEADER
                   R3 BY SRI.P.C.SASIDHARAN, SC(PSC)

     THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P.(KAT) No.30 of 2021                  2




                  ALEXANDER THOMAS & T.R. RAVI, JJ.
                   ------------------------------------------------
                          O.P.(KAT) No.30 of 2021
                          [Arising out of R.A.(Ekm) No.11/2020 in
                     O.A.(Ekm) No.1220/2020 of KAT, Ekm. Bench]
                     --------------------------------------------------
                   Dated this the 29th day of January, 2021


                                    JUDGMENT

ALEXANDER THOMAS, J.

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

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

"(i) (i) Direct the Hon'ble Kerala Administrative Tribunal, Ernakulam Bench to dispose of the Review Application No.11 of 2020 on or before 05.02.2020 or any other convenient date as fixed by this Hon'ble court;

or in the alternative

(ii) Declare that the validity of Annexure A1 Ranked List No.804/17/SSIV (Category No.580/2012) in Exhibit P1 published by the Kerala Public Service Commission (hereinafter referred to as PSC) for appointment to the post of Lecturer in Malayalam would expire only after 07.03.2021 in view of the ceasing of operation of the list from 16.08.2017 to 07.03.2018 because of the interdiction of the operation of the list by the Hon'ble High Court of Kerala in OP(KAT)No.124/2016; and

(iii) Direct the 2nd respondent to report available vacancies and the 3 respondent to issue consequential advice memos to the petitioner rd

herein; and

(iv) Direct the 3rd respondent to frame appropriate Rules of procedure to redress the grievances of the petitioner narrated in Annexure A5 representation given by the petitioner herein, and extend the life period and validity of Annexure A1 Ranked List No.804/17/SSIV (Category No.580/2012) in Exhibit P1 due to the advent of Covic-19

pandemic;

(v) 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 M.Retheeshkumar learned counsel appearing for the

petitioner in the OP/applicant in the RA, Sri B.Vinod, learned Senior

Government Pleader appearing for official respondents 1 and 2 in the OP

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

Service Commission appearing for the 3rd respondent in the OP.

3. Sri M.Retheeshkumar, learned counsel appearing for the

petitioner in the OP/applicant in the RA before the Tribunal would submit

that the limited relief sought for by the petitioner from this Court in this

case is only for a direction to ensure early disposal of Ext.P2 Review

Application, R.A.(Ekm)No.11/2020 filed by his party [arising out of

Annexure RA1 final order dated 17.08.2020 in O.A.(Ekm)No.1220/2020 on

the file of the Kerala Administrative Tribunal, Ernakulam Bench] and the

miscellaneous applications filed along with the said RA, as according to the

petitioner, the main issue in the said RA will become practically

infructuous by the 1st week of March, 2021.

4. The respondents herein may ensure that the pleadings, if any,

may be duly completed in the above Review Application without much

delay, preferably within two weeks. Taking note of the facts and

circumstances of the case, without going into the merits of the controversy

in any manner and taking note of the limited plea made by the learned

counsel for the petitioner, it is ordered in the interest of justice that the

Kerala Administrative Tribunal, Ernakulam Bench may take all endeavours

to ensure early disposal of Ext.P2 R.A.(Ekm)No.11/2020 along with the

miscellaneous applications filed therewith, without much delay, preferably

within a period of three weeks from the date of production of a certified

copy of this judgment and taking note of the pleas of the petitioner that

main matter in issue in the RA will become practically redundant by the 1 st

week of March, 2021. The Registry will forward a certified copy

of this judgment to the Kerala Administrative Tribunal, Ernakulam

Bench, who is dealing with RA(Ekm)No.11/2020 [arising out of O.A.

(Ekm)No.1020/2020] for necessary information and further action.

With these observations and directions, the OP(KAT) is disposed of.

Sd/-

ALEXANDER THOMAS, JUDGE

Sd/-

T.R. RAVI, JUDGE

dsn

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORIGINAL APPLICATION (EKM) NO.

1220/2020 WITH ANNEXURES FILED ON 13/08/2020 BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM.

ANNEXURE-A1 TRUE COPY OF THE RANKED LIST NO. 804/17/SSIV CATEGORY NO.580/2012 PUBLISHED BY THE PSC WITH EFFECT FROM 16/08/2017.

ANNEXURE-A2 TRUE COPY OF THE NOTIFICATION PUBLISHED BY PSC IN THE GAZETTE DATED 30.11.2012.

ANNEXURE-A3 TRUE COPY OF THE APPOINTMENT CHART (REVISED) DOWNLOADED FROM THE OFFICIAL WEBSITE OF THE PSC CONTAINING THE DATE OF ADVICE AS 6/12/2019.

ANNEXURE-A4 A TRUE COPY OF THE REPRESENTATION DATED 15/07/2020 SUBMITTED BY APPLICANT BEFORE THE 2ND RESPONDENT.

ANNEXURE-A5 A TRUE COPY OF THE REPRESENTATION DATED 01/07/2010 SUBMITTED BY APPLICANT BEFORE THE 3RD RESPONDENT.

ANNEXURE-A6 A TRUE COPY OF THE JUDGMENT DATED 24/04/2020 OF THE HON'BLE SUPREME COURT OF INDIA IN CIVIL APPEAL NO. 2368 OF 2020.

EXHIBIT P2 TRUE COPY OF THE REVIEW APPLICATION (EKM) NO 11/2020 WITH ANNEXURES FILED ON 18/09/2020 BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.

ANNEXURE-R A1 TRUE COPY OF THE ORDER IN ORIGINAL APPLICATION NO. 1220/2020 DATED 17/08/2020.

EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER DATED 06/10/2020 IN RA(EKM) NO. 11/2020.