Kerala High Court
Asok Kumar K.P vs State Of Kerala on 4 January, 2021
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.451 OF 2020
OA (EKM) 2097/2019 OF KERALA ADMINISTRATIVE
TRIBUNAL,THIRUVANANTHAPURAM, ADDITIONAL BENCH, ERNAKULAM
PETITIONER/APPLICANT:
ASOK KUMAR K.P.
AGED 54 YEARS
S/O. LATE G.PRABHAKARA KURUP,
DEPUTY TAHSILDAR/JUNIOR SUPERINTENDENT,
TALUK OFFICE, KUNNAMULAM, THRISSUR,
RESIDING AT KODATH HOUSE, KURICHIKKARA P.O,
THANIKUDAM, THRISSUR - 680028.
BY ADV. SRI.VINODE V. LUKA
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
2 THE COMMISSIONER OF LAND REVENUE,
PUBLIC OFFICE BUILDINGS, MUSEUM P.O,
THIRUVANANTHAPURAM - 695033.
3 THE DEPARTMENTAL PROMOTION COMMITTEE(LOWER)
FOR REVENUE DEPARTMENT, REPRESENTED BY ITS
CONVENER/COMMISSIONER OF LAND REVENUE,
PUBLIC OFFICE BUILDINGS, MUSEUM P.O,
THIRUVANANTHAPURAM - 695033.
4 RAVIPRASAD R,
(AGE AND FATHER'S NAME NOT KNOWN)
DEPUTY TAHSILDAR, TALUK OFFICE,
PUNALUR, KOLLAM - 691305.
5 ANILKUMAR S.N,
(AGE AND FATHER'S NAME NOT KNOWN)
OP(KAT).No.451 OF 2020 2
JUNIOR SUPERINTENDENT, CIVIL STATION, KOTTAYAM -
686001.
6 UMA G.K,
(AGE AND FATHER'S NAME NOT KNOWN)
DEPUTY TAHSILDAR,
TALUK OFFICE, PUNALUR, KOLLAM - 691305.
7 JOSE K EAPEN,
(AGE AND FATHER'S NAME NOT KNOWN)
DEPUTY TAHSILDAR, TALUK OFFICE, RANNI,
PATHANAMTHITTA - 689673.
8 BASIL A KURUVILA,
(AGE AND FATHER'S NAME NOT KNOWN)
DEPUTY TAHSILDAR,
OFFICE OF THE TAHSILDAR(RR) ALUVA,
EKM - 683101.
9 DEEPU MATHEW,
(AGE AND FATHER'S NAME NOT KNOWN)
DEPUTY TAHSILDAR, TALUK OFFICE,
PATTAMBI, PALAKKAD - 679303.
10 RAJESH KUMAR P.,
(AGE AND FATHER'S NAME NOT KNOWN)
DEPUTY TAHSILDAR, TALUK OFFICE,
THIRUVANANTHAPURAM - 695023.
11 ABDUL LATHEEF,
(AGE AND FATHER'S NAME NOT KNOWN)
JUNIOR SUPERINTENDENT, COLLECTORATE,
PALAKKAD - 678001.
12 SURESH CHANDRABOSE M.T.,
(AGE AND FATHER'S NAME NOT KNOWN)
JUNIOR SUPERINTENDENT, CIVIL STATION,
KANNUR - 670002,
13 MOHAN K.G.,
(AGE AND FATHER'S NAME NOT KNOWN)
JUNIOR SUPERINTENDENT, COLLECTORATE,
THIRUVANANTHAPURAM - 695023.
14 SUBAIR C.,
(AGE AND FATHER'S NAME NOT KNOWN)
JUNIOR SUPERINTENDENT,
COLLECTORATE, KOZHIKODE - 673020,
15 PRASIL K.K.,
(AGE AND FATHER'S NAME NOT KNOWN)
OP(KAT).No.451 OF 2020 3
JUNIOR SUPERINTENDENT,
REVENUE DIVISIONAL OFFICE,
VADAKARA, KOZHIKODE - 6 73101.
16 DWIDEEP KUMAR,
(AGE AND FATHER'S NAME NOT KNOWN)
DEPUTY TAHSILDAR,
LAND ACQUISITION NO.2, KUNDARA,
KOLLAM - 691501.
17 REJI JACOB,
(AGE AND FATHER'S NAME NOT KNOWN)
DEPUTY TAHSILDAR, TALUK OFFICE,
MEENACHIL, PALAI, KOTTAYAM - 686577,
18 RADHAKRISHNAN V V.,
(AGE AND FATHER'S NAME NOT KNOWN)
DEPUTY TAHSILDAR, TALUK OFFICE,
KUNNATHUNADU, ERNAKULAM - 683542.
19 LEKHA N.,
(AGE AND FATHER'S NAME NOT KNOWN)
DEPUTY TAHSILDAR, TALUK OFFICE,
MEENACHIL, PALAI, KOTTAYAM - 686577.
20 VIJAYAN T.,
(AGE AND FATHER'S NAME NOT KNOWN)
DEPUTY TAHSILDAR, TALUK OFFICE,
AMBALAPPUZHA, ALAPPUZHA - 688561.
21 ANGELO A.,
(AGE AND FATHER'S NAME NOT KNOWN)
DEPUTY TAHSILDAR, REVENUE RECOVERY OFFICE,
NEYYATTINKARA, THIRUVANANTHAPURAM - 695122.
22 ANZAR M.,
(AGE AND FATHER'S NAME NOT KNOWN)
DEPUTY TAHSILDAR,
LAND ACQUISITION NO.2 KUNDARA,
KOLLAM - 691501,
23 PRABHAKUMAR S.R.,
(AGE AND FATHER'S NAME NOT KNOWN)
DEPUTY TAHSILDAR, TALUK OFFICE,
KATTAKKADA, THIRUVANANTHAPURAM - 695572.
OTHER PRESENT:
SRI.T.RAJASEKHARAN NAIR, SR.GOVT.PLEADER
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.451 OF 2020 4
ALEXANDER THOMAS & T.R.RAVI, JJ.
=======================
O.P.(KAT) No. 451 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:
"i. Call for records of OA [EKM] No.2097/2019 and
MA(EKM) No.884/2020 on the files of the Hon'ble
Kerala Administrative Tribunal, Additional Bench,
Ernakulam
ii. Issue a direction to the Hon'ble Kerala
Administrative Tribunal, Additional Bench, Ernakulam
to dispose of, OA[EKM] No.2097/2019 pending on its
file, expeditiously at any rate within a time frame fixed
by this Hon'ble Court in the interest of justice, equity and
good conscience.
iii. Pass such other order, direction or reliefs as this
Hon'ble Court may deem fit and proper in the facts and
circumstances of the case.
2. Heard Sri.Vinode V.Luka, the learned counsel for the
petitioner and Sri.T.Rajesekaran Nair, the learned Senior
Government Pleader appearing for contesting respondents 1 to 3.
In the nature of orders proposed to be passed in this original
petition, notices to contesting respondents 4 to 23 will stand
dispensed with.
3. The case set up by the petitioner in this original
petition is as follows:
"The petitioner, aged 54 years, is working in the
cadre of Deputy Tahisldar in the Land Revenue
Department, who was promoted as Deputy Tahsildar on
04.08.2015 and completed probation as Deputy Tahsildar
on 04.08.2015 and completed probation in that cadre on
30.09.2017. Aggrieved by the preparation of
Supplementary Select List dated 07.09.2019 for promotion
of the post of Tahsildars for the year 2019 which included
Respondent Nos. 4 to 23, whose probation was completed
much later, the petitioner approached the Tribunal by
filing Exhibit P1 OA[EKM] No.2097/2019. However, it is
not yet disposed even after a specific direction from this
Court.
2. This Court by Exhibit P3 dated 23.06.2020,
directed the Tribunal as : "The original application shall
be considered along with the connected matters within a
period of two months from the date of receipt of a copy of
this judgment"
3. The petitioner on 02.07.2020 produced
Exhibit P3 judgment of this Court by filing MA(EKM)
No.884/2020 in OA[EKM] No.2097/2019 and prayed the
Tribunal to post the matter for hearing at the earliest. The
MA(EKM) No.884/2020 was taken up on 14.07.2020 and
ordered to post along with connected matters for hearing.
However, nothing has happened till date. The delay in
deciding the matter is causing injustice to the petitioner,
who is nearing superannuation.
4. Hence this original petition to issue a
direction to the Tribunal to dispose of, OA[EKM]
No.2097/2019 pending on its file, expeditiously as any
rate within a time frame by this Court"
4. It is in the light of these averments and contentions the
petitioner had filed the instant original petition with the afore
mentioned prayers. We are now informed by the learned counsel
for the petitioner that Division Bench of this Court as per Exhibit
P3 judgment dated 23.06.2020 in O.P.(KAT) No.192/2020, has
already issued directions to ensure the early disposal of a similar
case by the Tribunal along with all connected matters, and that the
present O.A.[EKM]No.2097/2019 filed by the petitioner herein is
one such case which is connected to the original application
referred to in Ext.P3 judgment.
5. Ext.P3 judgment rendered by this Court in O.P.
(KAT)No.192/2020 reads as follows:
"This original petition has been filed challenging
the interim order dated 15.06.2020 in M.A.No.640/2020
in M.A.No.270/2020 in O.A.No. 28/2020. By the said
interim order, the Tribunal having modified its earlier
order dated 7.2.2020 and permitted the 2nd respondent to
effect promotions to the posts of Tahsildar provisionally. A
further direction was issued not to promote respondents 4
to 30 until disposal of the original application. The
contentious issue between the parties appears to be that,
according to the applicants in O.A.No.28/2020, the
respondents 4 to 30 though were working as Deputy
Tahsildars, their probation was not declared within the
specified time and there was no extension of time as well.
But without discharging them, later on, the time for
declaring probation was extended and it is only during
that time their probation came to be declared in 2019.
Annexure A5 select list to the post of Tahsildar came to be
published including"This original petition has been filed
challenging the interim order dated 15.06.2020 in
M.A.No.640/2020 in M.A.No.270/2020 in O.A.No.
28/2020. By the said interim order, the Tribunal having
modified its earlier order dated 7.2.2020 and permitted
the 2nd respondent to effect promotions to the posts of
Tahsildar provisionally. A further direction was issued not
to promote respondents 4 to 30 until disposal of the
original application. The contentious issue between the
parties appears to be that, according to the applicants in
O.A.No.28/2020, the respondents 4 to 30 though were
working as Deputy Tahsildars, their probation was not
declared within the specified time and there was no
extension of time as well. But without discharging them,
later on, the time for declaring probation was extended
and it is only during that time their probation came to be
declared in 2019. Annexure A5 select list to the post of
Tahsildar came to be published including respondents 4 to
30. The contention is that, in so far as they are not eligible,
the persons whose probation has been declared within the
specified time ought to have been included in the said
select list. A few other original applications also are
pending before the Tribunal in connection with the very
same issue.
2. The learned counsel for the petitioners
would submit that the Tribunal could not have restrained
promotion of respondents 4 to 30. In so far as they are
eligible and their names appeared in the select list
Annexure A5, there is nothing wrong in permitting
promotion of respondents 4 to 30, at least provisionally
and subject to the result of the original application.
3. We heard the learned Government Pleader
and the counsel appearing on behalf of the other
respondents.
4. The primary issue between the applicants in
the original application and respondents 4 to 30 is
regarding the eligibility to be part of the select list. This
issue requires consideration on an urgent basis, since it is
apprehended by the petitioners and contesting
respondents that if the adhoc DPC is constituted and select
list prepared, their opportunity for promotion may be lost.
It is also pointed out that there are sufficient vacancies to
be filled up from Annexure A5 select list.
5. Having regard to the aforesaid submission,
we are of the view that this is a matter which the Tribunal
ought to have heard and disposed of finally. If respondents
4 to 30 are not provisionally promoted in the available
vacancies during the period when Annexure A5 select list
was in force, their right to get promotion might be
impaired and several of their juniors may be promoted.
Under such circumstances, without interfering with the
direction issued by the Tribunal permitting the applicants
to be considered for promotion, it is only appropriate that
the Government issue provisional orders of promotion
from Annexure A5 select list, subject to the availability of
vacancies during the relevant time. Those persons who are
appointed by virtue of this order shall not claim any
equity on account of the said promotion, if any. The
original application shall be considered along with the
connected matters within a period of two months from the
date of receipt of a copy of this judgment. The original
petition is disposed of."
6. This Court has already issued directions as per Ext.P-3
judgment to ensure the early disposal of the afore mentioned
connected matters within two months. It appears that the above
said period of two months has expired quite some time ago.
Presumably it could be only on account of Covid-19 pandemic
issues and other exigencies that the Tribunal would have found it
difficult to ensure the disposal of the said matters within the said
time frame. Taking note of directions already rendered by the
Division Bench of this Court at Ext.P3 judgment, we would request
the Tribunal to ensure early disposal of the present O.A.
[EKM]No.2097/2019 along with original application referred to in
Ext.P3 judgment and all other connected matters, without much
delay, and also taking into account the directions and orders
already rendered by the Division Bench of this Court at Ext.P3
judgment. We hope and trust the Tribunal would certainly ensure
that all reasonable endeavours are taken to ensure the early
disposal of the matters, without any further delay.
The Registry will forward a copy of this judgment to the
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
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE PHOTOCOPY OF THE MEMORANDUM OF
OA(EKM), NO.2097/2019 ALONG WITH ITS
ANNEXURES.
ANNEXURE A1 TRUE COPY OF THE SELECT LIST FOR 2019, VIDE
NO. L.R.E.(2) -32581/2018, DATED
31.12.2018.
ANNEXURE A2 TRUE COPY OF THE SUPPLEMENTARY SELECT LIST,
VIDE NO. L.R.E(2) -5941/2019 DATED
07.09.2019.
ANNEXURE A3 TRUE COPY OF THE LIST OF APPROVED
PROBATIONERS IN THE KERALA REVENUE SERVICE,
VIDE NO. L.R.T (1) - 61605/17, DATED
02.11.2018.
ANNEXURE A4 TRUE COPY OF THE GO(RT) NO.
1744/2019/REV.DATED 02.07.2019 EXTENDING
THE PROBATION OF THE RESPONDENT NO.4
RAVIPRASAD R, UPTO 01.04.2017.
ANNEXURE A4(a) TRUE COPY OF THE GO(RT) NO.
1734/2019/REV.DATED 02.07.2019 EXTENDING
THE PROBATION OF THE RESPONDENT
NO.5.ANILKUMAR S.N, UPTO 20.07.2018.
ANNEXURE A4(b) TRUE COPY OF THE GO(RT) NO.
1690/2019/REV.DATED 01.07.2019 EXTENDING
THE PROBATION OF THE RESPONDENT NO. 6 UMA
G.K, UPTO 07.10.2016.
ANNEXURE A4(c) TRUE COPY OF THE GO(RT) NO. 1754/2019/REV.
DATED 02.07.2019 EXTENDING THE PROBATION OF
THE RESPONDENT NO. 7 JOSE K. EAPEN, UPTO
07.10.2016.
ANNEXURE A4(d) TRUE COPY OF THE GO(RT) NO. 1747/2019/REV.
DATED 02.07.2019 EXTENDING THE PROBATION OF
THE RESPONDENT NO. 8 BASIL.A.KURUVILLA,
UPTO 06.10.2016.
ANNEXURE A4(e) TRUE COPY OF THE GO(RT) NO. 1748/2019/REV.
DATED 02.07.2019 EXTENDING THE PROBATION OF
HTE RESPONDENT NO. 9 DEEPU MATHW, UPTO
15.02.2017.
DATED 27.06.2019 EXTENDING THE PROBATION OF
THE RESPONDENT NO. 10 RAJESH KUMAR P. UPTO
06.10.2017.
ANNEXURE A4(g) TRUE COPY OF THE GO(RT) NO. 1687/2019/REV.
DATED 01.07.2019 EXTENDING THE PROBATION OF
THE RESPONDENT NO. 11 ABDUL LATHEEF,UPTO
15.03.2017.
ANNEXURE A4(h) TRUE COPY OF THE GO(RT) NO. 1742/2019/ REV.
DATED 02.07.2019 EXTENDING THE PROBATION OF
THE RESPONDENT NO. 12 SURESH CHANDRA BOSE
M.T UPTO 20.07.2018.
ANNEXURE A4(i) TRUE COPY OF THE GO(RT) NO. 1689/2019/REV.
DATED 01.07.2019 EXTENDING THE PROBATION OF
THE RESPONDENT NO.13 MOHAN.K.G. UPTO
22.02.2017.
ANNEXURE A4(j) TRUE COPY OF THE GO(RT) NO. 1737/2019/REV.
DATED 02.07.2019 EXTENDING THE PROBATION OF
THE RESPONDENT NO. 14 SUBAIR C, UPTO
28.01.2017.
ANNEXURE A4(k) TRUE COPY OF THE GO(RT) NO. 1743/2019/REV.
DATED 02.07.2019 EXTENDING THE PROBATION OF
THE RESPONDENT NO.15 PRASIL K.K, UPTO
20.07.2018.
ANNEXURE A4(l) TRUE COPY OF THE GO(RT) NO. 1739/2019/REV.
DATED 02.07.2019 EXTENDING THE PROBATION OF
THE RESPONDENT NO. 16 DWIDEEP KUMAR B, UPTO
20.07.2018.
ANNEXURE A4(m) TRUE COPY OF THE GO(RT) NO. 1753/2019/REV.
DATED 02.07.2019 EXTENDING THE PROBATION OF
THE RESPONDENT NO. 17 REJI JACOB, UPTO
26.05.2018.
ANNEXURE A4(n) TRUE COPY OF THE GO(RT) NO. 4377/2018/REV.
DATED 17.10.2018 EXTENDING THE PROBATION OF
THE RESPONDENT NO. 18 RADHAKRISHNAN V.V.
UPTO 26.05.2016.
ANNEXURE A4(o) TRUE COPY OF THE GO(RT) NO. 1752/2019/REV.
DATED 02.07.2019 EXTENDING THE PROBATION OF
THE RESPONDENT NO. 19 LEKHA N, UPTO
28.05.2017.
ANNEXURE A4(p) TRUE COPY OF THE GO(RT) NO. 1750/2019/REV.
DATED 02.07.2019 EXTENDING THE PROBATION OF
THE RESPONDENT NO. 20 VIJAYAN.T, UPTO
17.02.2017.
ANNEXURE A4(q) TRUE COPY OF THE GO(RT) NO. 1745/2019/REV.
DATED 02.07.2019 EXTENDING THE PROBATION OF
THE RESPONDENT NO. 21 ANGELO.A UPTO
01.06.2018.
ANNEXURE A4(r) TRUE COPY OF THE GO(RT) NO. 1751/2019/REV.
DATED 02.07.2019 EXTENDING THE PROBATION OF
THE RESPONDENT NO. 22 ANZAR M. UPTO
26.05.2018.
ANNEXURE A4(s) TRUE COPY OF THE GO(RT) NO. 1746/2019/REV.
DATED 02.07.2019 EXTENDING THE PROBATION OF
THE RESPONDENT NO.23 PRABHA KUMAR S.R. UPTO
01.06.2018.
ANNEXURE A5 TRUE COPY OF THE NORMS TO BE FOLLOWED FOR
PREPARATION OF SENIORITY LIST IN THE CADRE
OF DEPUTY TAHSILDAR/JUNIOR SUPERINTENDENT
IN LAND REVENUE DEPARTMENT ISSUED BY
RESPONDENT NO.2.
ANNEXURE A6 TRUE COPY OF THE INTERIM ORDER DATED
23.10.2019 IN OA (EAM) 1809/2019 PASSED BY
THIS HON'BLE TRIBUNAL.
ANNEXURE A7 TRUE COPY OF THE REPRESENTATION DATED
25.11.2019, SUBMITTED BY THE APPLICANT,
BEFORE THE RESPONDENT NO. 2.
EXHIBIT P2 TRUE PHOTOCOPY OF THE ORDER DATED
15.06.2020 IN MA 640/2020 IN MA 270/2020 IN
OA 28/2020 BY THE HON'BLE ADMINISTRATIVE
TRIBUNAL.
EXHIBIT P3 TRUE PHOTOCOPY OF THE JUDGMENT DATED
23.06.2020 IN OP(KAT) NO.192/2020 BY THE
HON'BLE HIGH COURT OF KERALA.
EXHIBIT P4 TRUE PHOTOCOPY OF MA(EKM) 884/2020, WITHOUT
ANNEXURES.
EXHIBIT P5 TRUE PHOTOCOPY OF THE PROCEEDINGS/CASE
STATUS, DATED 14.07.2020 OF MA (EKM)
884/2020 DOWNLOADED FROM THE WEBSITE OF
HTTPS//KERALAADMINISTRATIVETRIBUNAL.GOV.IN/
CISKAT.
EXHIBIT P6 TRUE PHOTOCOPY OF THE GO(RT) NO.
2787/2020/REV. DATED 04.09.2020.
EXHIBIT P6(a) TRUE PHOTOCOPY OF THE GO(RT) NO.
2877/2020/REV.DATED 15.09.2020.
EXHIBIT P6(b) TRUE PHOTOCOPY OF THE GO(RT) NO.
2935/2020/REV. DATED 23.09.2020.
