Kerala High Court
State Of Kerala vs M.Sugathakumar on 17 September, 2021
OP(KAT) No.250/2021 1/7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
Friday, the 17th day of September 2021 / 26th Bhadra, 1943
OP(KAT) NO. 250 OF 2021
(AGAINST THE ORDER DATED 14.07.2021 IN MA(EKM) 983/2021 IN OA (EKM) 1102/2020,
AND ORDERS DATED 6.8.2021 AND 18.08.2021 IN OA(EKM) NO.1102/2020 OF THE KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM (ADDITIONAL BENCH, ERNAKULAM))
PETITIONERS/RESPONDENTS 1 & 4 IN OA(EKM):
1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2. THE DIRECTOR, URBAN AFFAIRS DEPARTMENT, SWARAJ BHAVAN, NANTHANCODE,
THIRUVANANTHAPURAM.
RESPONDENTS/APPLICANT & RESPONDENTS 8 & 9 IN OA(EKM):
1. M.SUGADHAKUMAR, S/O. LATE M. RADHAKRISHNAN NAIR, WORKING AS
MUNICIPAL SECRETARY, KOTTAKKAL MUNICIPALITY, MALAPPURAM-676503,
HAVING PERMANENT RESIDENCE AT 12/255, RITHA RAMANATHAPURAM GRAMAM,
NEAR SIVA TEMPLE, PALAKKAD HEAD POST, PALAKKAD DISTRICT, KERALA.
2. THE KOTTAKKAL MUNICIPALITY, KOTTAKKAL P.O., MALAPPURAM, REPRESENTED
BY ITS SECRETARY IN CHARGE, PIN-676501.
3. THE CHAIRMAN, KOTTAKKAL MUNICIPALITY, KOTTAKKAL P.O.,
MALAPPURAM-676501.
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 further proceedings pursuant to Exhibit
P8 order dated 14.07.2021 in MA (EKM) No.983/2021 in OA(EKM) No.1102/2020,
P9 order dated 06.08.2021 in OA(EKM) No.1102/2020 and P10 order dated
18.08.2020 in OA(EKM) 1102/2020 on the file of the Kerala Administrative
Tribunal, Addl. Bench (Ernakulam) pending disposal of the OP(KAT).
This petition coming on for admission 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, and of SRI.MOHANAKANNAN,
Advocate for R1 and SRI.NOWSHAD THOTTATHIL, Advocate for R2 & R3, the
court passed the following;
OP(KAT) No.250/2021 2/7
ALEXANDER THOMAS & A.BADHARUDEEN, JJ.
=================================================
OP(KAT) No. 250 of 2021
[arising out of the impugned final order dated 14.7.2021 in
M.A.(Ekm) No.983/2021 in O.A.(Ekm) No. 1102/2020 and orders dated 6.8.2021 &
18.8.2021 in O.A.(Ekm) No. 1102/2020 on the file of the KAT, Ernakulam Bench]
==================================================
Dated this the 17th day of September, 2021
ORDER
Notice before admission for R-1 herein (sole applicant in the O.A.)
has been taken by Sri.K.Mohanakannan, learned advocate. Notices
before admission for R-2 & R-3 have been taken by Sri.Nowshad
Thottathil, learned advocate. The Registry will show the names of
abovesaid advocates in the Cause List. Service complete.
2. From the pleadings and materials on record it is seen that
the Tribunal, as per Ext.P-3 interim order dated 26.8.2020 in the instant
O.A.(Ekm) No. 1102/2020, has ordered that the operation and
enforcement of the impugned Anx.A-10 suspension order dated
27.6.2020 will stand stayed for a period of 6 weeks from the date of said
interim order. Ext.P-3 interim order has been challenged by the State
before this Court, which culminated in Ext.P-4 judgment dated
13.10.2020 in OP(KAT) No.325/2020, wherein the Division Bench of
this Court held that, since Ext.P-3 interim order dated 26.8.2020 is only
a limited stay order only for a period of 6 weeks, the same need not be
OP(KAT) No.250/2021 3/7
O.P.(KAT) No. 250 of 2021
interfered with, but that the Tribunal will have to finally dispose of said
O.A. within 3 weeks.
3. The learned Senior Government Pleader would submit that it
is reliably learnt after verification that Ext.P-3 interim order dated
26.8.2020 has not been extended after the initial 6 weeks' period, which
has expired on 7.10.2020. Further, it is also seen that Ext.P-1 O.A.(Ekm)
No.1102/2020 has not so far been finally disposed of by the Tribunal,
though this Court has specifically directed in Ext.P-4 judgment that
Ext.P-3 interim stay order is not being interfered with as the same is only
for a period of 6 weeks, but that the O.A. will have to be finally disposed
of by the Tribunal within 3 weeks.
4. Later, it appears that the original applicant has filed
Miscellaneous Application before the Tribunal seeking for full pay and
allowances for the period in question, which has resulted in the
impugned Ext.P-8 order dated 14.7.2021, Ext.P-9 order dated 6.8.2021
and Ext.P-10 order dated 18.8.2021, which three interim orders are
under challenge in the present original petition. The said three interim
orders are in relation to payment of full pay and allowances to the
applicant. If, as a matter of fact, this Court has not interfered with Ext.P-
3 interim stay order mainly on the ground that the same is only for a
OP(KAT) No.250/2021 4/7
O.P.(KAT) No. 250 of 2021
limited period of 6 weeks and with the further condition that the O.A.
will have to be finally disposed of within 3 weeks, etc then the full pay
and allowances may have to be limited to the abovesaid 6 weeks period.
5. Whereas, Sri.K.Mohanakannan, learned counsel appearing
for the original applicant would vehemently urge that the currency of
Ext.P-3 interim stay order dated 26.8.2020 has been further extended
from time to time by general/common orders in view of COVID-19
pandemic issues, and the said extension was up to 31.8.2021.
6. Further, the learned Senior Government Pleader would point
out that it is reliably learnt that the subsistence allowances admissible to
the original applicant during the suspension period have already been
duly paid to him.
7. Per contra, Sri.K.Mohanakannan, learned counsel appearing
for the original applicant would contend that no subsistence allowance
has been paid till date.
8. The Registry of this Court will call upon the Registry of the
Kerala Administrative Tribunal, Ernakulam Bench, to furnish a report as
to whether Ext.P-3 interim stay order dated 26.8.2020 has been
extended after the expiry of the 6 weeks period mentioned therein, ie,
after 7.10.2020 and also as to the reasons for not finally disposing of the
OP(KAT) No.250/2021 5/7
O.P.(KAT) No. 250 of 2021
above O.A. within the 3 weeks period, as ordered by this Court in Ext.P-
4 judgment, and as to the minimum reasonable time required for the
final disposal of abovesaid O.A. The abovesaid report shall be furnished
by the Registry of the Tribunal, by e-mail attachment/fax and by
personal messenger within 3 days.
9. In the meanwhile, it is ordered that the full pay and
allowances due to the original applicant for the period from date of
issuance of Ext.P-3 interim stay order, viz 26.8.2020, up to the expiry of
6 weeks therefrom, ie, up to 7.10.2020, as deducted by the subsistence
allowances if any paid to the original applicant for the said period, shall
be disbursed to the original applicant immediately.
10. Needless to say, in case, the subsistence allowance admissible
to the original applicant has not so far been paid for any of the abovesaid
period in question as alleged by the original applicant, then such
amounts shall also be paid without any further delay.
11. Subject to these conditions, the operation and enforcement of
Exts.P-8, P-9 & P-10 interim orders will remain stayed.
12. Further, Sri.K.Mohanakannan, learned counsel appearing for
the original applicant would also submit that recently, the State
Government has issued order as per G.O.(Rt.) No. 1441/2021/LSGD
OP(KAT) No.250/2021 6/7
O.P.(KAT) No. 250 of 2021
dated 30.7.2021 directing that the original applicant will stand
transferred from the present Kottakkal Municipality to the Chittoor-
Thathamangalam Municipality, etc.
13. The learned Senior Government Pleader will get factual
instructions on those aspects as well.
List the case in the Admission List on 29.9.2021.
Hand over.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
A.BADHARUDEEN, JUDGE
MMG
17-09-2021 /True Copy/ Assistant Registrar
OP(KAT) No.250/2021 7/7
Annexure A10 TRUE COPY OF THE GO(RT) NO.1276/2020/LSGD DATED
27/06/2020.
Exhibit P8 A TRUE COPY OF ORDER IN MA (EKM) NO.983/2021 IN OA
(EKM) NO. 1102/2020 DATED 14/07/2021.
Exhibit P9 A TRUE COPY OF THE ORDER IN OA (EKM) NO.1102/2020 DATED
06/08/2021.
Exhibit P10 A TRUE COPY OF THE ORDER IN OA(EKM)NO.1102/2020 DATED
18/08/2021.
Exhibit P3 TRUE COPY OF THE ORDER OF THE KERALA ADMINISTRATIVE
TRIBUNAL ADDITIONAL BENCH, ERNAKULAM DATED 26/08/2020
IN OA (EKM) NO.1102/2020.
Exhibit P4 TRUE COPY OF THE JUDGMENT IN OP(KAT) 325/2020 DATED
13/10/2020.
