Kerala High Court
The Secretary To Government vs Muraleedharan.P on 24 November, 2021
OP(KAT) No.320/2021 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Wednesday, the 24th day of November 2021 / 3rd Agrahayana, 1943
OP(KAT) NO. 320 OF 2021
AGAINST THE ORDER DATED 23/07/2019 IN OA NO 1717/2017 OF KERALA ADMINISTRATIVE
TRIBUNAL, THIRUVANANTHAPURAM.
PETITIONERS/RESPONDDENTS IN OA:
1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
PUBLIC WORKS DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM,
PIN-695001.
2. THE CHIEF ENGINEER OF PUBLIC WORKS DEPARTMENT, DESIGN AND
ADMINISTRATION DEPARTMENT, VIKAS BHAVAN,THIRUVANANTHAPURAM,
PIN-695033.
3. THE ACCOUNTANT GENERAL(A&E)KERALA, M.G.ROAD, THIRUVANANTHAPURAM,
PIN-695039.
RESPONDENT/APPLICANT IN OA:
MURALEEDHARAN.P, S/O.PADMANABHAN NAIR, AGED 61 YEARS, RETIRED SECOND
GRADE DRAFTSMAN, PWD ROADS SUB DIVISION, KADUTHURUTHY, KOTTAYAM,
PIN-686604. RESIDING AT PUTHIYEDATH PAVITHRAM HOUSE, THYKKATTUSSERY,
CHERTHALA, ALAPPUZHA, PIN-688528.
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 stay all the further proceedings in pursuance to
Exhibit P3 common order dated 23.07.2019 of the Kerala Administrative
Tribunal in OA No. 1717/2017,pending disposal of the Original Petition
(KAT)
This petition coming on for orders on 24/11/2021, upon perusing the
petition and the affidavit filed in support of OP(KAT) and upon hearing
the arguments of SENIOR GOVERNMENT PLEADER for the petitioners, the court
passed the following:
OP(KAT) No.320/2021 2/4
ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
.................................................................
O.P.(KAT) No.320 of 2021
[Arising out of the impugned order dated 23.07.2019 in
O.A. No.1717 of 2017 on the file of the KAT, TVM Bench]
.................................................................
Dated this the 24th day of November, 2021
ORDER
We are told that this Court has already issued notice on
admission in a connected matter in O.P.(KAT) No.306 of 2021 filed by
the State which arises out of the very same impugned final order of the
Tribunal, but in relation to another Original Application, viz.,
O.A.No.2055 of 2017. Hence issue notice before admission to the sole
respondent in the O.P by special messenger, returnable within three days.
This Court has already passed an order in O.P.(KAT) No.306 of 2021,
requiring both sides to give certain clarifications and para No.2 of the
abovesaid order dated 10.11.2021 passed by this Court in O.P.(KAT)
No.306 of 2021 at the admission stage, reads as follows:
"2. Sri.Antony Mukkath, the learned Senior Government
Pleader appearing for the petitioners in the O.P./respondents in the
O.A would submit that it appears that the claim of the applicant is
that earlier he had broken/interrupted temporary/provisional
service for a total period of 2 years 7 months and 17 days, during the
period from 31.12.1980 as Works Superintendent in the Municipal
Common Service prior to the day he had secured regular
appointment on 08.09.1983 as Overseer Gr.II in the Public Works
Department, etc. Further that, the said broken provisional periods of
service of the applicant could have been counted for increments, only
if it had satisfied the then prescribed conditions in Government
Decision No.2 appended under Rule 33 of Part I, KSR and that one of
the conditions thereunder is that the two posts in question, that is the
one, in relation to the temporary/provisional appointment and the
other, in relation to the regular appointment, should carry the same
or identical scale of pay and further that, the qualification and
method of appointment should be the same and that the posts should
fall in the same service. That, condition No.(iii) that the posts should
OP(KAT) No.320/2021 3/4
fall in the same service was deleted from Government Decision No.2
only as per notification dated 01.07.1986 and further that, the
Government Decision No.2, in its entirety, was later deleted from the
statute book with effect from 01.10.1994. If that be so, the abovesaid
three conditions could be applicable at the time of the
provisional/temporary service claimed by the petitioner which is for
the period from 1980 upto 1983. Hence that some time is required to
ascertain as to whether the post of Works Superintendent in the
Municipal Common Service and the post of Overseer Gr.II in the
Public Works Department were having the same scale of pay during
the above said period from December 1980 upto September 1983 and
also as to whether the qualification and method of appointment were
the same for those posts, etc. Further that, the decision rendered by
the Division Bench in Dasan K.N. v. State of Kerala (2014 (4)
KHC 747) was in relation to a case wherein the prior service of the
applicant therein in the local self body was also a regular
appointment as can be seen from para No.4 of that judgment.
Further that, the learned Senior Government Pleader wants some
time to ascertain as to whether the matter which had been decided by
the Division Bench in the case in State of Kerala and others v.
V.M.Vijayanandan (2014(4) KHC 80) is pending consideration
before the Apex Court in SLPs(Civil)/Civil Appeals arising out of
other similar cases and if so, as to whether any interim orders have
been passed by the Apex Court in those SLPs(Civil)/Civil Appeals."
The abovesaid requisite details covered in the order dated 10.11.2021
passed by this Court in O.P.(KAT) No.306 of 2021 are also applicable in
this case and the learned Senior Government Pleader will ensure that the
requisite details on those points are furnished in this case also well before
the next posting date.
List this case along with O.P.(KAT) No.306 of 2021 on
30.11.2021.
Handover Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
VIJU ABRAHAM, JUDGE
cks
24-11-2021 /True Copy/ Assistant Registrar
OP(KAT) No.320/2021 4/4
APPENDIX OF OP(KAT) 320/2021
Exhibit P3 TRUE COPY OF THE COMMON ORDER OF THE TRIBUNAL DATED
23.07.2019 IN THE AFORESAID ORIGINAL APPLICATION
