Kerala High Court
Prajeesh Joseph vs State Of Kerala on 24 June, 2021
OP(KAT) No.126/2021 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE K. BABU
THURSDAY, THE 24TH DAY OF JUNE 2021 / 3RD ASHADHA, 1943
OP(KAT) NO. 126 OF 2021
(AGAINST THE ORDER DATED 31.03.2021 IN OA 339/2020 OF KERALA ADMINISTRATIVE
TRIBUNAL, THIRUVANANTHAPURAM BENCH)
PETITIONERS/APPLICANTS:
1.PRAJEESH JOSEPH, AGED 38 YEARS S/O. JOSEPH, CHIEF CARDIAC
CATHETERIZATION LABORATORY TECHNOLOGIST, GOVERNMENT MEDICAL
COLLEGE, THIRUVANANTHAPURAM,PIN-695011 RESIDING AT KRIPA, KKS 84
B, T.C. 9/1747(3), KARIYAM, SREEKARIYAM P.O.,
THIRUVANANTHAPURAM,PIN-695017,MOB:9495107813
2.KISHOR KUMAR R.K. NOW AGED 38 YEARS, S/O. REGUNATHAN NAIR C.,
CHIEF CARDIAC CATHETERIZATION LABORATORY TECHNOLOGIST, GOVERNMENT
MEDICAL COLLEGE, THIRUVANANTHAPURAM,PIN-695011 RESIDING AT
NAKSHATRA, KRA 108, MUKKOLA P.O., NALANCHIRA,
THIRUVANANTHAPURAM,PIN-695004,MOB:9496850840
RESPONDENTS/RESPONDENTS
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HEALTH AND FAMILY WELFARE, SECRETARIAT,
THIRUVANANTHAPURAM,PIN-695001.
2. DIRECTOR OF MEDICAL EDUCATION,DIRECTORATE OF MEDICAL
EDUCATION, MEDIAL COLLEGE P.O., THIRUVANANTHAPURAM,PIN-695011.
3. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS
SECRETARY, PATTOM, THIRUVANANTHAPURAM,PIN-695004.
OP KERALA ADMINISTRATIVE TRIBUNAL praying inter alia
that in the circumstances stated in the affidavit filed along with
the the High Court be pleased to issue an interim direction to the
respondents to revive the selection process initiated as per
Annexure-A10 in EXt.P1 forthwith,pending disposal of the Original
Petition (KAT).
OP(KAT) No.126/2021 2/4
This petition coming on for admission on 24/06/2021
upon perusing the petition and the affidavit filed in support of
and upon hearing the arguments of M/S S.P.ARAVINDAKSHAN PILLAY,
N.SANTHA, V.VARGHESE, PETER JOSE CHRISTO, S.A.ANAND, L.ANNAPOORNA,
VISHNU V.K., ABHIRAMI K. UDAY, KURUVILLA SABU CHRISTY, Advocates
for the petitioners and of Government Pleader for R1 and R2
Sri.P.C.Sasidharan Standing Counsel KPSC for R3 the court passed
the following:
Exhibit-P1:True copy of the O.A.No.339/2020 filed before the
Kerala Administrative Tribunal,Additional Bench,Ernakulam
Annexure A10: True copy of the notification dated 31.10.2017
category No.410/2017 issued by the PSC for the post of Cath Lab
Technician in the Medical Education Service.
Annexure A12: True copy of G.O.(MS)NO.2/2018/H&FWD dated
01.01.2018.
Annexure A9: True copy of G.O.(MS)NO.105/2015/ H&FWD dated
19.05.2015
OP(KAT) No.126/2021 3/4
ALEXANDER THOMAS & K.BABU, J J.
------------------------------------------------
O.P (KAT) No.126 of 2021
(Arising out of the order dated 31-03-2021 in
O.A No.339 of 2020 of KAT, Thiruvananthapuram.)
----------------------------------------------------
Dated this the 24th day of June, 2021
ORDER
The respondents 1 and 2 will furnish instructions and file an affidavit
showing the details of the vacancies along with the date of occurrence of
vacancies during the currency of the old rules at Annexure A9 G.O.(MS)
No.105/2015/H&FWD Dated 19-05-2015 and during the currency of the new
rules at Annexure A12 G.O (Ms) No.2/2018/H&FWD dated 01-01-2018.
Competent authority of the first respondent Government will also state in the
said affidavit the rationale for amending the qualifications prescribed in the
old rule which led to the prescription of the new qualifications in the new
rules.
2. Learned Standing Counsel for the third respondent Kerala Public
Service Commission will also get instructions, as to the present stage of the
selection process covered by the new selection notification at Annexure A15
dated 15-11-2019.
3. The said affidavit shall be filed by the above respondents 1 and 2
within three weeks. The petitioner may file reply thereto, within one week
OP(KAT) No.126/2021 4/4
thereafter.
The Registry will place on record a copy of the judgment dated
27-11-2020 rendered by the Division Bench of this Court in O.P (KAT)
No.416 of 2020, for the perusal of this Court.
List the case on 15-07-2021.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
K.BABU, JUDGE
H/o
amk
24-06-2021 /True Copy/ Assistant Registrar
