Rajin Sasi.V vs Kerala Public Service Commission
2021 Latest Caselaw 21060 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                     &
                   THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
         WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
                           OP(KAT) NO. 284 OF 2021
        (THIS OP(KAT) IS FILED FOR ORDER OR DIRECTION TO THE KERALA
   ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM FOR AN EARLY HEARING AND
OTHER CONSEQAUENTIAL RELIEFS OF OA NO.884/2021 PENDING BEFORE THE KEKRALA
                ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM)
PETITIONERS/APPLICANTS IN O.A.:

     1       RAJIN SASI.V,
             AGED 44 YEARS,S/O. V.G SASIDHARAN, NOW WORKING AS ACCOUNTANT,
             PUNNAYUR GRAMA PANCHAYATH, EDAKKARA P.O, THRISSUR DISTRICT,
             RESIDING AT VETTIYATTIL HOUSE, PAZHUVIL P.O, THRISSUR
             DISTRICT PIN 680 564

     2       VINOD KUMAR P.N,
             AGED 51 YEARS,S/O. NARAYANAN P R, WORKING AS SENIOR
             SUPERINTENDENT, O/O THE DEPUTY DIRECTOR OF PANCHAYATHS
             THRISSUR, THRISSUR DISTRICT PIN 680 003
             PONNASSERY HOUSE, THUVANOOR, KECHERI P.O, THRISSUR DISTRICT
             PIN 680 501

     3       NRIPANDAS P.A,AGED 39 YEARS,
             S/O. AYYAPPADAS WORKING AS SECTION OFFICER , GENERAL
             ADMINISTRATION DEPARTMENT, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM DISTRICT PIN 695 001 RESIDING AT
             PALAVILAYIL, MANAKKARA, SASTHAMCOTTAH P.O, KOLLAM DISTRICT,
             PIN 690 521

     4       SYAM KRISHNANAN P.G,AGED 41 YEARS,
             S/O. V. GOPALAKRISHNA PILLAI (LATE) NOW WORKING AS SPECIAL
             VILLAGE OFFICER, MANROTHURUTHU VILLAGE OFFICE, KOLLAM
             DISTRICT, RESIDING AT ANCHUTHUNDIL HOUSE, MANAKKARA,
             SASTHAMCOTTAH P.O, KOLLAM DISTRICT, PIN 690 521

     5       PRAVEEN VASU,AGED 40 YEARS,
             S/O. A VASU(LLATE) NOW WORKING AS BLOCK PANCHAYATH SECRETARY,
             KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN 686 691
             RESIDING AT ERAPPANEL HOUSE, RAJAKKAD P.O, IDUKKI DISTRICT,
             PIN 685 566
     6       LINSE DAVID V,AGED 35 YEARS,
             S/O. V J DAVID, NOW WORKING AS LIFE CO-ORDINATOR, (UNDER
             DEPUTATION FROM GRAMA PANCHAYATH SECRETARY) THRISSUR DISTRICT
             RESIDING AT VADUKKOT NJARAYIL HOUSE, PARAPPUR P.O, THRISSUR
               DISTRICT, PIN 680 552

              BY ADV P.SATHEESH KUMAR (S 3441)



RESPONDENT:

              KERALA PUBLIC SERVICE COMMISSION,
              REPRESENTED BY ITS SECRETARY, KERALA PUBLIC SERVICE
              COMMISSION, PATTOM PALACE P.O, THIRUVANANTHAPURAM, KERALA 695
              004


OTHER PRESENT:

              SRI.P.C.SASIDHARAN, SC




     THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION
ON 20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
      ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
   =========================================
                       O.P (KAT) No.284 of 2021
 [arising out of the impugned final order dated 15.09.2021 in O.A.No.884/2021 of
                                  the KAT, Tvm]
   =========================================
                    Dated this the 20th day of October, 2021

                                JUDGMENT

Alexander Thomas, J.

The prayers in the instant Original Petition filed under Article 226

and 227 of the Constitution of India, at the instance of the sole applicant

in the Original Application in O.A.No.884 of 2021 now pending on the

file of the Kerala Administrative Tribunal, Thiruvananthapuram Bench

which read as follows: [see page No.13 of the paper book of the O.P] :

"(i) Order or direction may be issued to the 1 st respondent not to proceed with the advice and appointment to the post of KAS officer (Junior Time Scale) Trainee till the final disposal of OA No.884 of 2021 filed before the Hon'ble Kerala Administrative Tribunal.

(ii) Order or direction may be issued to the 2 nd respondent to hear and dispose OA No.884 of 2021 within a time frame fixed by this Hon'ble Court;

(iii) To declare that the petitioners are eligible for inclusion in the final list and to participate in the interview and other consequential reliefs for selection to the post of KAS Officer (Junior Time Scale) Trainee.

(iv) Allow Exhibit P1 PA No.1490 of 2019 as prayed for;

(v) Allow such other and further reliefs which this Hon'ble Court may deem fit to grant in the facts and circumstances of the case.

2. From the perusal of this O.A, it appears, as if the

petitioner has proceeded on the premise as if this Court to exercise

the powers of a court of first instance, even though the main matter

in O.A is pending before the Tribunal. It is by now, well established

since the celebrated decision of the Constitution Bench of the Apex

Court in L.Chandra Kumar v. Union of India & Others[1997

(3) SCC 261], that the Tribunal constituted in terms of Article 323A

of the Constitution of India r/w the Administrative Tribunals Act

1985, can exercise the powers of the court of first instance in terms of

Article 226 of the Constitution of India, but that the decision of the

Tribunal will be subject to judicial review and judicial

superintendence in terms of Article 226 & 227 of the Constitution of

India before the Division Bench of the High Court concerned. Hence

the indisputable legal position of the matter is that the court of first

instance is the Tribunal and not this Court. However, taking note of

the facts and circumstances of this case, it is ordered that the

Tribunal may bestow their consideration and may take all reasonable

endevours possible under the circumstance to ensure the early final

disposal of the main matter in O.A.No.884 of 2021, without much

delay preferably within three months, or with any time limit that may

be fixed as reasonable by the Tribunal taking into consideration in

the interest of administration of justice. The Registry will forward a

copy of this judgment to the Kerala Administrative Tribunal,

Thiruvananthapuram, who is dealing with O.A.No.884 of 2021 for

necessary information.

With these observations and directions as above, the Original

Petition will stand disposed of.

sd/-

ALEXANDER THOMAS, JUDGE

sd/-

VIJU ABRAHAM, JUDGE

pm

APPENDIX OF OP(KAT) 284/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE OA NO. 884 OF 2021 ALONG WITH ANNEXURES

Annexure A1 TRUE COPY OF THE EXTRA ORDINARY GAZETTE DATED 01-11-2019 CATEGORY NO. 187 AND 188/2019 BY THE RESPONDENT.

Annexure A2 TRUE COPY OF THE ADDENDUM NOTIFICATION ISSUED FOR CAT.NO. 188/2019 AS LAST DATE OF RECEIPT OF APPLICATION 15-12-2020 BY THE RESPONDENT

Annexure A3 TRUE COPY OF THE PRELIMINARY LIST NO.

41/2020/ERIII FOR CAT. NO 188/2019 DATED 18-12-2020 BY THE RESPONDENT

Annexure A4 TRUE COPY OF THE ADDITIONAL PRELIMINARY LIST NO.4/2021/EERIII FOR CAT.NO. 188/2019 AL DATED 6-1-2021

Annexure A5 TRUE COPY OF ADMISSION TICKET OF THE 1ST APPLICANT WITH REGISTER NUMBER Z-102345 FOR CAT. NO. 187/2019 ISSUED BY THE RESPONDENT.

Annexure A6 TRUE COPY OF THE ADMISSION TICKET OF THE 4TH APPLICANT WITH REGISTER NUMBER Z- 100201 FOR CAT. NO. 187/2019 BY THE RESPONDENT

Annexure A7 TRUE COPY OF ADMISSION TICKET OF THE 2ND APPLICANT WITH REGISTER NUMBER S-104597 FOR CAT. NO. 188/2019 BY THE RESPONDENT

Annexure A8 TRUE COPY OF ADMISSION TICKET OF THE 3RD APPLICANT S-104332 FOR CAT. NO. 188/2019 BY THE RESPONDENT

Annexure A9 TRUE COPY OF THE ADMISSION TICKET OF THE 5TH APPLICANT WITH REGISTER NUMBER, S- 104477 FOR CAT. NO. 188/2019 BY THE RESPONDENT

Annexure A10 TRUE COPY OF THE ADMISSION TICKET OF 6TH APPLICANT WITH REGISTER NUMBER S-104565 FOR CAT. NO 188/2019 BY THE RESPONDENT

Annexure A11 TRUE COPY OF THE NOTIFICATION NO.

28/2021/ERIII DATED ON 24-3-2021 FOR CAT. NO. 187/2019 BY THE RESPONDENT

Annexure A12 TRUE COPY OF THE NOTIFICATION NO.

29/2021/ERIII DATED ON 24-3-2021 FOR CAT NO. 188/2019 BY THE RESPONDENT

Annexure A13 TRUE COPY OF THE NEWS PUBLISHED IN MADHYAMUM DAILY DATED 4-4-2021

Annexure A14 TRUE COPY OF THE NON CREAMY LAYER CERTIFICATE ISSUED TO THE 1ST APPLICANT BY KARUMPILAVU VILLAGE OFFICE DATED 9-9-

Annexure A15 TRUE COPY OF THE NON-CREAMY LAYER CERTIFICATE ISSUED TO THE 2ND APPLICANT BY CHOONDAL VILLLAGE OFFICE DATED 26-12-

Annexure A16 TRUE COPY OF CIRCULAR NO. 15/2013 DATED 0N 8-7-2013 BY THE RESPONDENT

Annexure A17 TRUE COPY OF THE REPRESENTATION SUBMITTED 1ST APPLICANT DATED 31-3-2021 TO THE RESPONDENT

Annexure A18 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND APPLICANT DATED 5- 4-2021 TO THE RESPONDENT.

Annexure A19 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 3RD APPLICANT DATED 6-

4-2021 TO THE RESPONDENT.

Annexure A20 TRUE COPY OF THE REPRESENTATION SUBMITTED BY 5TH APPLICANT DATED 1-4- 2021 AND TO THE RESPONDENT.

Annexure A21 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 6TH APPLICANT DATED 5- 4-2021 TO THE RESPONDENT.

Exhibit P2 TRUE COPY OF MISCELLANEOUS APPLICATION NO 1822 OF 2021 BEFORE THE HON'BLE TRIBUNAL BY THE BY THE APPLICANT IN OA NO 884 OF 2021

Exhibit P3 TRUE COPY OF MISCELLANEOUS APPLICATION NO. 1925 OF 2021 BEFORE THE HON'BLE

OF 2021

Exhibit P4 TRUE COPY OF RANKED LIST NO.

360/2021/SSVI FOR CAT. NO. 186/2019 FOR STREAM 1, BY THE 1ST RESPONDENT

Exhibit P5 TRUE COPY RANKED LIST NO. 361/2021/SSVI FOR CAT.NO. 187/2019 FOR STREAM 2 BY THE 1ST RESPONDENT

Exhibit P6 TRUE COPY OF RANKED LIST NO.

362/2021/SSVI FOR CAT. NO. 188/2019 FOR STREAM 3 BY THE 1ST RESPONDENT.