Chandana R vs State Of Kerala
2021 Latest Caselaw 14501 Ker

OP(KAT) No.22/2020                        1/3

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
                                         &
                         THE HONOURABLE MR.JUSTICE V.G.ARUN
             Tuesday, the 13th day of July 2021 / 22nd Ashadha, 1943
                              OP(KAT) NO. 22 OF 2020
 (AGAINST THE ORDER DATED 13.01.2020 IN O.A.NO.67/2020 OF KERALA ADMINISTRATIVE
                       TRIBUNAL, THIRUVANANTHAPURAM BENCH)
  PETITIONER/APPLICANT IN O.A:

          CHANDANA R, AGED 22 YEARS, D/O. PURUSHOTHAMAN PILLAI, MALAMEL
          KUTTIYIL, MEMANA, OACHIRA P.O., KOLLAM - 690 526

   RESPONDENTS/RESPONDENTS IN O.A:

      1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO
         GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM - 695 001
      2. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY,
         PATTOM PALACE P.O., THIRUVANANTHAPURAM - 695 004


        OP(KERALA ADMINISTRATIVE TRIBUNAL) praying inter alia that in the
   circumstances stated in the affidavit filed along with the OP(KAT) the
   High Court be pleased to direct the 2nd respondent to provisionally accept
   the online application of the petitioner to the post of Assistant
   Professor in English under Category 287/2019 pending disposal of the above
   Original Petition.




        This petition coming on for orders on 13/07/2021, upon perusing the
   petition and the affidavit filed in support of OP(KAT) and this Court's
   judgment dated 22/01/2020 and this court's order dated 2/03/2020 and upon
   hearing the arguments of M/S P.NANDAKUMAR,S.ANEESH Advocates for the
   petitioner, and of GOVERNMENT PLEADER for R1 and Sri.P.C.Sasidharan
   Standing Counsel, KPSC for R2, the court passed the following:
 OP(KAT) No.22/2020                                2/3




                        K. Vinod Chandran & V.G. Arun, JJ.

-------------------------------------

O.P(KAT) No.22 of 2020

------------------------------------- Dated this the 13th day of July, 2021

O r d e r

Vinod Chandran, J.

The Under Secretary, Higher Education

Department, Government Secretariat, Thiruvananthapuram

has filed an affidavit where it has been stated so:

"File was again circulated to Chief Minister from section on 3.8.2020 to decide on whether age relaxation be allowed on placing the case before Cabinet and this Government decided not to place the case before Cabinet and further decided to take decision by the administrative Departments."

2. We find the statement to be per se contemptuous and we

would like to know which officer of the Government

decided not to place the matter before the Cabinet

despite our specific direction to place it before the

appropriate authority, which obviously is the Cabinet.

We direct the officer to file an affidavit on the

specific statement pointed out by us, failing which, we OP(KAT) No.22/2020 3/3

O.P(KAT) No.22 of 2020

will be forced to initiate contempt proceedings.

Post on 25.08.2021.

Sd/-

K.VINOD CHANDRAN JUDGE

Sd/-

V.G. ARUN JUDGE jma

13-07-2021 /True Copy/ Assistant Registrar