Gitty N.R vs The State Of Kerala
2021 Latest Caselaw 21274 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                   &
                 THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
       FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                        OP(KAT) NO. 297 OF 2021
         AGAINST THE ORDER/JUDGMENT IN OA 1064/2020 OF KERALA
    ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM, THIRUVANANTHAPURAM
PETITIONERS:

            GITTY N.R.
            AGED 45 YEARS
            S/O.N.K.RAJU, NADAKKAVIL HOUSE, PALLAM P.O., KOTTAYAM,
            LOWER DIVISION CLERK, (UNDER TERMINATION), MEDICAL
            COLLEGE HOSPITAL-OFFICE, KOTTAYAM

            BY ADV GITTY N.R.(Party-In-Person)



RESPONDENTS:

            1.THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
1




            THE GOVERNMENT, HEALTH AND FAMILY DEPARTMENT,
            SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001

            2.THE DIRECTOR OF MEDICAL COLLEGE, KOTTAYAM,    GANDHI
            NAGAR P.O., KOTTAYAM, KERALA 686 008

            3.PRINCIPAL, GOVERNMENT MEDICAL COLLEGE, KOTTAYAM,
            GANDHI NAGAR P.O., KOTTAYAM, KERALA 686 008

            4.THE SENIOR ADMINISTRATIVE OFFICER, OFFICE OF THE
            PRINCIPAL, MEDICAL COLLEGE, KOTTAYAM, GANDHI NAGAR
            P.O., KOTTAYAM, KERALA-686008




OTHER PRESENT:

            SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER
 OP(KAT) NO. 297 OF 2021
                               2

     THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(KAT) NO. 297 OF 2021
                                           3

          ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
          ===================================
                  O.P.(KAT). No. 297 Of 2021
          (arising out of the O.A. No.1064/2020 of the KAT, TVM. Bench)
     =========================================
            Dated this the 29th of October, 2021

                                JUDGMENT

Alexander Thomas, J.

The prayers in the aforecaptioned OP(KAT) arising out of OA

No.1064/2020 on the file of KAT, TVPM Bench, instituted under Articles

226 and 227 of the Constitution of India are as follows.

"To direct the Hon'ble Kerala Administrative Tribunal, Thiruvananthapuram to dispose of O.A. No.1064 of 2020 (Ext.P1) within a short time to be fixed by this Hon'ble Court."

2. Heard Sri Gitty N.R (party in person), petitioner in the

O.P./applicant in the O.A. and Sri. Saigi Jacob Palatty, learned Senior

Government Pleader, appearing for the official respondents in the

OP/respondents in the O.A.

3. The above said Original Petition arises out of Ext.P1 Original

Application, O.A. No.1064/2020, now pending on the file of KAT, Tvpm,

Bench. We have already passed Ext.P22 judgment on 25.02.2021, when

the above petitioner had approached this Court by instituting OP(KAT)

No. 62/2021 and para 3 of the said Ext.P22 judgment reads as follows:

"3.After hearing both sides, we are quite sure that the Tribunal, which is a high powered adjudicative body constituted in terms of a legislation framed in accordance with the enabling provisions OP(KAT) NO. 297 OF 2021

contained in Articles 323A of the Constitution of India, would certainly examine the plea of the original applicant for amendment of his pleadings as made out in Ext.P-23 M.A.No. 487/2021 in O.A. No. 1064/2020, without much delay. Thereafter there are no reasons for us to hold that the Tribunal will not take all reasonable endeavours possible in these circumstances to ensure the early disposal of O.A. No. 1064/2020, subject to granting reasonable time to the parties concerned to complete their pleadings etc within a time frame that is reasonable and fair to both sides, and also taking note of the due interest involved in the administration of justice. This we say so as we are now apprised by Sri.Antony Mukkath, learned Senior Government Pleader appearing for the respondents that, even going by the pleadings of the petitioner contained in this O.P., the case is now posted before the Tribunal on 22.3.2021."

4. We are told by the petitioner, that even now, the main matter

in OA No.1064/2020 has not been disposed of by the Tribunal and the

case has been adjourned by the respondents from time to time. Even

though, the official respondents had submitted before this Court, as is

referred to in Ext.P22 that the pleadings are complete and that the case is

then posted before the Tribunal on 22.03.2021. We are not fully aware of

the reasons for the delay in the matter even after the rendering of Ext.P22

judgment. Accordingly, it is ordered in the interest of justice that the KAT,

Tvpm Bench will take all reasonable endeavors to ensure the early

consideration and final disposal of OA No. 1064/2021 without much

delay, at any rate within the outer time limit of three months from the

date of production of a certified copy of this judgment. The Tribunal will

give top priority for the consideration and disposal of this case, in view of

Ext.P22 judgment and also taking note of the fact that the

petitioner/applicant is a party in person. OP(KAT) NO. 297 OF 2021

5. The Registry will forward a copy of this judgment to the KAT,

Tvpm Bench who is dealing with OA No.1064/2020 for necessary

information and further action. Since the petitioner has specifically

apprised us that the case has been adjourned at the instance of the

respondents before the Tribunal, we would request the learned Advocate

General to ensure that necessary strict instructions and directions are

given to the law officers concerned to fully co-operate with the early

consideration and disposal of this case and if any pleadings have been

completed, the same should be completed by the respondents in the

OP/OA within two to three weeks from today. The Secretary to the

Advocate General will ensure that a copy of this judgment is also placed

for the perusal of the learned Advocate General.

With these observations and directions the above OP(KAT) will

stand disposed of.

Sd/-

ALEXANDER THOMAS JUDGE

Sd/-

VIJU ABRAHAM JUDGE Nsd OP(KAT) NO. 297 OF 2021

APPENDIX OF OP(KAT) 297/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE MEMORANDUM OF AMENDED OA NO.1064/2020 DATED 12/03/2021 ALONG WITH ITS ANNEXURES OF HON'BLE KERALA ADMINISTRATIVE TRIBUNAL.

Annexure A1 THE TRUE COPY OF THE REPRESENTATION, DATED 27/04/2015 BY THE APPLICANT TO THE 3RD RESPONDENT.

Annexure A2 THE TRUE COPY OF THE REPRESENTATION, DATED 29/08/2016 TO THE 4TH RESPONDENT BY THE APPLICANT.

Annexure A3 THE TRUE COPY OF THE REPRESENTATION, DATED 17/12/2016 TO THE 3RD RESPONDENT BY THE APPLICANT.

Annexure A4 THE TRUE COPY OF THE REPRESENTATION, DATED 26/06/2019 TO THE 2ND RESPONDENT.

Annexure A5 THE TRUE COPY OF THE ORDER DATED 16/10/2019 IN OA NO. 2053/2019 PASSED BY THIS HON'BLE TRIBUNAL.

Annexure A6 THE TRUE COPY OF THE NO. E1-38242/2017/DMF, DATED 13/03/2020 PASSED BY THE 4TH RESPONDENT.

Annexure A7 THE TRUE COPY OF THE ORDER DATED 28/03/2019 IN OS NO. 77/2019 PASSED BY THIS HON'BLE TRIBUNAL.

Annexure A8 THE TRUE COPY OF THE SHOW CAUSE NOTICE NO.

E1-38242/2017/DME DATED 23/09/2020.

Annexure A9 THE TRUE COPY OF THE LETTER GMCKTM/2280/2020 DATED 07/10/2020 ISSUED BY THE 2ND RESPONDENT.

Annexure A10 THE TRUE COPY OF THE ORDER NO.E1- OP(KAT) NO. 297 OF 2021

38242/2017/DME DATED 15/12/2020 ISSUED BY THE 2ND RESPONDENT.

Annexure A11 THE TRUE COPY OF THE ORDER NO.

GMCKTM/2289/2020-E2 DATED 16/12/2020.

Annexure A12 THE TRUE COPY OF THE ORDER NO.

GMCHK/3256/2020-E1 DATED 16/12/2020.

Exhibit P2 A TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE 2ND RESPONDENT ALONG WITH ITS ANNEXURES IN OA NO.1064/2020 (BEFORE AMENDMENT) OF HON'BLE KERALA ADMINISTRATIVE TRIBUNAL.

Annexure R2(A) TRUE COPY OF THE PROCEEDINGS NO.

E1/38424/2017/DME DATED 15/12/2020.

Exhibit P3 A TRUE COPY OF THE REJOINDER FILED BY THE PETITIONER IN OA NO.1064/2020 OF HON'BLE KERALA ADMINISTRATIVE TRIBUNAL.

Exhibit P4 A TRUE COPY OF THE SUSPENSION ORDER DATED 02/11/2012 PASSED BY THE 3RD RESPONDENT.

Exhibit P5 A TRUE COPY OF THE ORDER DATED 23/01/2013 PASSED BY THE 4TH RESPONDENT.

Exhibit P6 A TRUE COPY OF THE ORDER OF SUSPENSION DATED 06/01/2017 PASSED BY THE 3RD RESPONDENT.

Exhibit P7 A TRUE COPY OF THE CHARGE MEMO DATED 08/02/2017.

Exhibit P8 A TRUE COPY OF THE STATEMENT OF ALLEGATIONS DATED 08/02/2017.

Exhibit P9 A TRUE COPY OF THE ORDER DATED 25/05/2017 IN OA(EKM) NO. 814/2017.

Exhibit P10 A TRUE COPY OF THE ORDER DATED 23/11/2017 PASSED BY THE 1ST RESPONDENT.

Exhibit P11 A TRUE COPY OF THE ORDER DATED 03/12/2018 IN OP(KAT) NO. 297 OF 2021

CRL. MC NO.5072/2018.

Exhibit P12 A TRUE COPY OF THE ORDER DATED 06/08/2018 IN CRL. MC NO.5082/2018.

Exhibit P13 A TRUE COPY OF THE ORDER DATED 09/08/2018 PASSED BY THE 3RD RESPONDENT.

Exhibit P14 A TRUE COPY OF THE ORDER DATED 20/08/2018 ISSUED BY THE 3RD RESPONDENT.

Exhibit P15 A TRUE COPY OF THE LETTER DATED 08/03/2019 ISSUED BY THE 3RD RESPONDENT.

Exhibit P16 A TRUE COPY OF THE ORDER DATED 27/03/2019 PASSED BY THE 2ND RESPONDENT.

Exhibit P17 A TRUE COPY OF THE ORDER DATED 28/03/2019 IN OA NO.77/2019.

Exhibit P18 A TRUE COPY OF THE ORDER DATED 13/03/2020 PASSED BY THE 4TH RESPONDENT.

Exhibit P19 A TRUE COPY OF THE SHOWCAUSE NOTICE DATED 23/09/2020 ISSUED BY THE 2ND RESPONDENT.

Exhibit P20 A TRUE COPY OF THE REPLY DATED 20/10/2020 FILED BY THE PETITIONER.

Exhibit P21 A TRUE COPY OF THE ORDER OF TERMINATION DATED 15/12/2020 PASSED BY THE 2ND RESPONDENT.

Exhibit P22 TRUE COPY OF THE JUDGMENT DATED 25/02/2021 IN OP(KAT) 62/2021 OF THIS HON'BLE COURT.

//true copy// PA to Judge