Kerala High Court
Ravindranadhan E vs Administrator on 11 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942
WP(C).No.22481 OF 2016(I)
PETITIONER:
RAVINDRANADHAN E.
AGED 51 YEARS
S/O VASUDEVAN NAIR, LECTURER (COMMERCE), JAWAHARLAL NEHRU
SENIOR SECONDARY SCHOOL (JNSSS), KADMAT, RESIDING AT
DARULJANVAS, KADMAT ISLAND, UNION TERRITORY OF LAKSHADWEEP-
682 556.
BY ADVS.
SRI.T.C.GOVINDA SWAMY
SMT.KALA T.GOPI
SMT.T.N.SREEKALA
RESPONDENTS:
1 ADMINISTRATOR, UNION TERRITORY OF LAKSHADWEEP
UNION TERRITORY OF LAKSHADWEEP, KAVARATTI - 682 555.
2 THE COLLECTOR AND DEVELOPMENT COMMISSIONER,
LAKSHADWEEP ADMINISTRATION, KAVRATTI - 682 555.
3 THE ADDITIONAL CHIEF EXECUTIVE OFFICER,
LAKSHADWEEP DISTRICT PANCHAYAT (DEPARTMENT OF EDUCATION),
KAVARATTI- 682 555.
*ADDL THE SECRETARY TO THE GOVERNMENT OF INDIA,
R4 MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS,
DEPARTMENT OF PERSONNEL AND TRAINING, NEW DELHI-110001.
*ADDL THE SECRETARY TO GOVERNMENT OF INDIA,
R5 MINISTRY OF EDUCATION, NEW DELHI-110001.
*ADDL THE UNION PUBLIC SERVICE COMMISSION,
R6 DHOLPUR HOUSE, SHAHJAHAN ROAD, NEW DELHI-110001,
REPRESENTED BY ITS SECRETARY.
*(ADDITIONAL R4 TO R6 ARE IMPLEADED AS PER ORDER DATED
06/10/2020 IN IA 1/2020)
BY ADV. SRI.MANU.S, CGC
BY ADV. SRI.P.VIJAYAKUMAR - ASGI
BY ADV. SRI.S.RADHAKRISHNAN
BY SHRI.THOMAS MATHEW NELLIMOOTTIL,SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2021,
ALONG WITH WP(C).22482/2016(I), THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).Nos.22481 & 22482 OF 2016(I)
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942
WP(C).No.22482 OF 2016
PETITIONER:
DR.JOHNY THOMAS
AGED 53 YEARS, S/O. MATHEW THOMAS, LECTURER (BOTANY),
JAWAHARLAL NEHRU SENIOR SECONDARY SCHOOL(JNSSS), KADMAT,
RESIDING AT "UPPAYIL" HOUSE,ARUNOOTTIMANGALAM P.O.,
KOTTAYAM DISTRICT-686 604.
BY ADVS.
SRI.T.C.GOVINDA SWAMY
SMT.KALA T.GOPI
SMT.T.N.SREEKALA
RESPONDENTS:
1 THE ADMINISTRATOR,
UNION TERRITORY OF LAKSHADWEEP, KAVARATTI-682 555.
2 THE COLLECTOR AND DEVELOPMENT COMMISSIONER
LAKSHADWEEP ADMINISTRATION, KAVARATTI-682 555.
3 THE ADDITIONAL CHIEF EXECUTIVE OFFICER
LAKSHADWEEP DISTRICT PANCHAYAT(DEPARTMENT OF
EDUCATION),KAVARATTI-682 555.
*ADDL THE SECRETARY TO THE GOVERNMENT OF INDIA,
R4 MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS,
DEPARTMENT OF PERSONNEL AND TRAINING, NEW DELHI-110001.
*ADDL THE SECRETARY TO THE GOVERNMENT OF INDIA,
R5 MINISTRY OF EDUCATION, NEW DELHI-110001.
*ADDL THE UNION PUBLIC SERVICE COMMISSION,
R6 DHOLPUR HOUSE, SHAHJAHAN ROAD, NEW DELHI-110001,
REPRESENTED BY ITS SECRETARY.
*(ADDITIONAL R4 TO R6 ARE IMPLEADED AS PER ORDER DATED
06/10/2020 IN IA 1/2020)
WP(C).Nos.22481 & 22482 OF 2016(I)
3
BY ADV. SRI.MANU.S, CGC
BY ADV. SRI.S.RADHAKRISHNAN
BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL-SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.01.2021,
ALONG WITH WP(C).22481/2016(I), THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).Nos.22481 & 22482 OF 2016(I)
4
JUDGMENT
Both these cases have been considered together on
account of the identical nature of the pleadings urged and the
similarity of the reliefs sought for.
2. The petitioners in both these cases impugn Ext.P1
order issued by the Lakshadweep District Panchayat on
06.05.2016, whereby, they were appointed as Principals on work
arrangement. The records reveal that the petitioners were not
able to obtain any interim interdictory orders from this Court
and that they have therefore, joined their posts as per the
impugned orders.
3. Sri.T.C.Govindaswamy, learned counsel for the
petitioners, today fairly conceded that since his clients were
unable to obtain interim orders from this Court, all that would
now remain is that the proposal for framing Recruitment Rules
for the post of Principal in Government Senior Secondary
Schools of Lakshadweep be directed to be completed by the
Government of India at the earliest. He added that he was
making this submission because the Lakshadweep
WP(C).Nos.22481 & 22482 OF 2016(I)
Administration has taken a stand, in their affidavit in support of
I.A.No.2/2020, that the earlier proposal for such purpose was
returned to the Administration by the Ministry raising several
objections and that a new proposal had been thereafter,
submitted before the Government, which is still pending. He
therefore, prayed that the competent Authority of the
Government of India be directed to consider the proposal, which
has been placed on record as Ext.R1(c) in both these cases,
within a time frame to be fixed by this Court.
4. In response, Sri.S.Manu, learned Standing Counsel
appearing for the Lakshadweep Administration, affirmed that
the proposal for framing of new Recruitment Rules is still
pending before the Government and that the same has been
produced on record as Ext.R1(c) by his client. He submitted that
unless the Recruitment Rules are now considered and approved
by the Government, the petitioners may not be entitled to any
further reliefs in these writ petitions.
5. Sri.Thomas Mathew Nellimoottil, learned Standing
Counsel appearing for the Union Public Service Commission,
submitted that a counter affidavit has been filed on record,
WP(C).Nos.22481 & 22482 OF 2016(I)
wherein, it has been explained that the Recruitment Rules with
respect to the post in question have not been yet approved by
the Government and that the Commission can render its advise
only on receipt of a complete proposal from the Administrative
Ministry/Department. He submitted that until a proposal for this
purpose is received, the Commission cannot make advise on its
own. He thus contended that the reliefs sought for by the
petitioners in these writ petitions have no bearing on the
jurisdictional duties of his client and that they will have to
therefore, approach the Government of India appropriately. The
learned Assistant Solicitor General submitted that if the
proposal made by the Lakshadweep Administration is still
pending before the competent Secretary of the Government of
India, the same can be considered in terms of law and he prayed
that this Court may therefore, order this writ petition on such
terms.
Taking note of the afore submissions and in particular, the
plea of Sri.Govindaswamy, that the Government of India be
directed to consider grant of approval to the proposal for
framing Recruitment Rules - as submitted before them by the
WP(C).Nos.22481 & 22482 OF 2016(I)
Lakshadweep Administration, a copy of which is on record as
Ext.R1(c) - I order this writ petition and direct the 4 th
respondent - Secretary of the Government of India in both these
cases, to take up the said proposal and issue appropriate orders
thereon, as expeditiously as is possible but not later than three
months from the date of receipt of a copy of this judgment.
Needless to say, once the proposal of the Lakshadweep
Administration is approved by the Government, the petitioners
will be at liberty to approach the competent Authority of the
said Administration for any relief that they may be entitled to
under it.
These writ petitions are thus ordered.
SD/-
DEVAN RAMACHANDRAN
rp JUDGE
WP(C).Nos.22481 & 22482 OF 2016(I)
APPENDIX OF WP(C) 22481/2016
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE OFFICE ORDER BEARING F.NO
1/06/2015-DP-EDN/ESTTDATED 06-05-2016 ISSUED BY
THE 3RD RESPONDENT.
EXHIBIT P2 A TRUE COPY OF THE REPRESENTATION DATED 19-03-
2015, WITH THE FORWARDING LETTER NO 1/13/2001-
JNSS/ETT/335 DATED 30-03-2015.
EXHIBIT P3 A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 02-
04-2016 ISSUED BY THE MOTHER HOSPITAL (P) LTD,
TRICHUR.
EXHIBIT P4 A TRUE COPY OF ORDER IN OA NO 181/368/2016 DATED
11-05-2016, RENDERED BY THIS HON'BLE TRIBUNAL.
EXHIBIT P5 A TRUE COPY OF REPRESENTATION DATED 12-05-2016
SUBMITTED BY THE APPLICANT.
EXHIBIT P6 A TRUE COPY OF THE ORDER BEARING F. NO 22/03-
2016-EDN (DP) (PA) (1) DATED 23-06-2016 ISSUED BY
THE 2ND RESPONDENT.
EXHIBIT P7 A TRUE COPY OF RELIEVING ORDER BEARING F.
NO.2/12/2014-JNSSS/ESTT. DATED 05/07/2016, ISSUED
BY THE PRINCIPAL OF NJSSS, KADMAT.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R1A A TRUE COPY OF THE OFFICE ORDER F. NO.18/2/2011-
EDN/ESTT/231 DATED 27/03/2013.
EXHIBIT R1B A TRUE COPY OF LETTER F. NO.18/30/2006-EDN/ESTT
DATED 17/02/2011.
EXHIBIT R1(C) TRUE COPY OF THE LETTER DATED 30.01.2020 OF
SECRETARY (EDUCATION) OF LAKSHADWEEP
ADMINISTRATION ADDRESSED TO THE MINISTRY OF HUMAN
RESOURCES DEVELOPMENT SUBMITTING THE FRESH
PROPOSAL FOR FRAMING OF RECRUITMENT RULES.
WP(C).Nos.22481 & 22482 OF 2016(I)
APPENDIX OF WP(C) 22482/2016
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A COPY OF OFFICE ORDER BEARING F.NO.1/6/2015-DP-
EDN/ESTT DATED 6.5.2016 ISSUED BY THE 3RD
RESPONDENT.
EXHIBIT P2 A COPY OF THE REPRESENTATION DATED 22.10.2015.
EXHIBIT P3 A COPY OF THE MEDICAL CERTIFICATE DATED 14.7.2015
ISSUED BY THE HOLLY GHOST MISSION HOSPITAL,
MUTTUCHIRA.
EXHIBIT P4 A COPY OF ORDER IN OA NO.181/367/2016 DATED
11.5.2016, RENDERED BY THIS HON'BLE TRIBUNAL.
EXHIBIT P5 A COPY OF REPRESENTATION DATED 15.5.2016
SUBMITTED BY THE PETITIONER.
EXHIBIT P6 A COPY OF ORDER BEARING F.NO.22/03/2016-EDN(DP)
(PA)(2) DATED 23.6.2016 ISSUED BY THE 2ND
RESPONDENT.
EXHIBIT P7 A TRUE COPY OF RELIEVING ORDER BEARING F.
NO.2/12/2014-JNSSS/ESTT. DATED 05/07/2016, ISSUED
BY THE PRINCIPAL JNSSS, KADMAT.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R1A A TRUE COPY OF THE OFFICE ORDER F NO.18/2/2011-
EDN/ESTT/2312 DATED 27/03/2013.
EXHIBIT R1B A TRUE COPY OF LETTER F. NO.18/30/2006-EDN/ESTT.
DATED 17/02/2011.
EXHIBIT R1(C) TRUE COPY OF THE LETTER DATED 30.1.2020 OF
SECRETARY (EDUCATION) OF LAKSHADWEEP
ADMINISTRATION ADDRESSED TO THE MINISTRY OF HUMAN
RESOURCES DEVELOPMENT SUBMITTING THE FRESH
PROPOSAL FOR FRAMING OF RECRUITMENT RULES
