Kerala High Court
Bindulekha Thachankandiyil vs State Of Kerala on 29 January, 2021
O.P.(KAT) No.29 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.29 OF 2021
OA (EKM) 1017/2020 OF KERALA ADMINISTRATIVE
TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/APPLICANT:
BINDULEKHA THACHANKANDIYIL
AGED 46 YEARS
D/O.GOPALAN T.K.ARUNIMA VILATHAPURAM, PURAMENI,
KUNINGAD, VATAKARA, KOZHIKODE,
VATAKARA, KOZHIKODE 68001
BY ADV. SRI.M.RETHEESHKUMAR
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
REP.BY THE SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT, GOVT. SECRETARIAT,
THIRUVANANTHAPURAM 695 001
2 DIRECTOR OF COLLEGIATE EDUCATION
DIRECTORATE OF COLLEGIATE EDUCATION,
THIRUVANANTHAPURAM 695 001
3 THE KERALA PUBLIC SERVICE COMMISSION
REP.BY ITS SECRETARY,
OFFICE OF THE KERALA PUBLIC SERVICE COMMISSION,
PATTOM P.O., THIRUVANANTHAPURAM 695 001
SRI.B.VINOD, SR.GP, 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.29 of 2021 2
ALEXANDER THOMAS & T.R. RAVI, JJ.
------------------------------------------------
O.P.(KAT) No.29 of 2021
[Arising out of O.A.(Ekm) No.1017/2020
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) Direct the Hon'ble Kerala Administrative Tribunal,
Ernakulam Bench to dispose of the Original Application (Ekm) No.1017
of 2020 and connected miscellaneous applications 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.701/17/OLE (Category No.578/2012) published by the Kerala Public
Service Commission would expire only after 21.02.2021 in view of the
ceasing of operation of the list from 21.07.2017 to 20.02.2018 because of
the interdiction of the operation of the list by the Hon'ble High Court of
Kerala in OP(KAT)No.125/2016; 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.701/17/OLE
(Category No.57/2012) published by the Kerala Public Service
Commission 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/sole applicant before the Tribunal, Sri B.Vinod,
learned Senior Government Pleader appearing for respondents 1 and 2
in the OP and Sri P.C.Sasidharan, learned Standing Counsel for the
3rd respondent Kerala Public Service Commission.
3. The limited prayer made by the learned counsel for the
petitioner is that directions may be issued by this Court to ensure early
final disposal of the main matter in Ext.P1 O.A.(Ekm)No.1017/2020
and miscellaneous applications filed therewith before the Kerala
Administrative Tribunal, Ernakulam Bench and, as according to the
petitioner the matter in issue raised therein may become infructuous by
the 3rd week of February, 2021. Sri B.Vinod, learned Senior Government
Pleader appearing for respondents 1 and 2 would submit that the said
respondents will fully co-operate with the early final disposal of the main
matter in the OA without any further delay. The 3rd respondent Public
Service Commission will also ensure that pleadings, if not so far filed, are
duly completed within 10 days.
4. Under these circumstances, without going into the merits of the
controversy in any manner and taking note of the limited submission made
by the learned counsel for the petitioner, it is ordered that the Kerala
Administrative Tribunal, Ernakulam Bench may take all endeavours to
ensure early disposal of O.A.(Ekm) No.1017/2020 and the miscellaneous
applications filed therewith, without much delay, preferably within three
weeks from the date of production of a certified copy of this judgment and
taking note of the pleas of the petitioner's counsel that the matter in issue
may become practically redundant by the 3 rd week of February, 2021. The
Registry will forward a copy of this judgment to the Kerala Administrative
Tribunal, Ernakulam Bench which is dealing with O.A.No.1017/2020, for
necessary information and further action.
With these observations and directions, the Original Petition (KAT)
will stand finally 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.1017/2020 WITH ANNEXURES FILED ON
15.7.2020 BEFORE THE HON'BLE KERALA
ADMINISTRATIVE TRIBUNAL, ERNAKULAM.
ANNEXURE AI TRUE COPY OF THE RANKED LIST NO.701/17/OLE
(CATEGORY NO.578/2012) PUBLISHED BY THE PSC
WITH EFFECT FROM 21.7.2017
ANNEXURE A2 TRUE COPY OF THE NOTIFICATION PUBLISHED BY
PSC IN THE GAZETTE DATED 30.11.2012
(CATEGORY NO.575/2012-598/2012) FOR
APPOINTMENT TO THE POST OF LECTURER IN
VARIOUS SUBJECTS.
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
1/7/2020 SUBMITTED BEFORE THE 2ND
RESPONDENT
ANNEXURE A5 A TRUE COPY OF THE REPRESENTATION DATED
1/7/2020 SUBMITTED BEFORE THE 3RD
RESPONDENT
ANNEXURE A6 A TRUE COPY OF THE ORDER DATED 22.5.2020 IN
OA 609/2020 PASSED BY THIS HON'BLE
TRIBUNAL.
