Kerala High Court
Saiju.K.Ramnath vs The Secretary To Government on 23 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943
OP(KAT) NO. 527 OF 2019
AGAINST THE ORDER IN OA 2142/2015 OF KERALA ADMINISTRATIVE
TRIBUNAL, THIRUVANANTHAPURAM.
PETITIONER/3RD PETITIONER/3RD APPLICANT :
SAIJU.K.RAMNATH, AGED 43 YEARS,
S/O.K.K.RAMANATHA PILLAI, S/O.K.K.RAMANATHA PILLAI,
KANDATHIL HOUSE, EDAKKUNNAM P.O., PARATHODU, KOTTAYAM
DISTRICT- 686512, NOW WORKING AS JUNIOR HEALTH
INSPECTOR, GRADE-I, PHC, VELLAVOOR,
KOTTAYAM DISTRICT- 686541.
BY ADV.SREEKUMAR G.CHELUR.
RESPONDENTS/RESPONDENTS 5, 8 AND 3/PETITIONER IN OP(KAT)423/2018/
RESPONDENTS/4TH PETITIONER/APPLICANT IN O.A NO.351 OF 2017 :
1 THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF HEALTH AND FAMILY WELFARE, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM DISTRICT- 695001.
2 THE DIRECTOR OF HEALTH SERVICES,
DIRECTORATE OF HEALTH SERVICES, GENERAL HOSPITAL
JUNCTION, THIRUVANANTHAPURAM DISTRICT- 695035.
3 THE FOOD SAFETY COMMISSIONER,
OFFICE OF THE COMMISSIONER OF FOOD SAFETY, THYCAUD,
THIRUVANANTHAPURAM DISTRICT- 695014.
4 THE PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY, THALASI HILLS, PATTOM
PALACE P.O., THIRUVANANTHAPURAM DISTRICT- 695004.
O.P (KAT) No.527 of 2019 2
5 ASHRAF V.H., AGED 36 YEARS,
S/O.HASSAN V.F., RESIDING AT VALLATHUPADI HOUSE,
VELLIKULANGARA P.O., THRISSUR DISTRICT- 680699,
NOW WORKING AS JUNIOR HEALTH INSPECTOR, GRADE-
II(HG), COMMUNITY HEALTH CENTRE, ELINJIPRA P.O.,
CHALAKUDY, THRISSUR DISTRICT- 680721.
6 VINOD P.V.,AGED 36 YEARS,
S/O.VELAYUDHAN NAIR, RESIDING AT PUTHIYOTHIL
HOUSE, KALLURUTHI P.O., OMASSERI, KOZHIKODE
DISTRICT - 673582, NOW WORKING AS
JUNIOR HEALTH INSPECTOR, GRADE-II,
PUBLIC HEALTH CENTRE, KARASSERRY, ALLEY P.O.,
KOZHIKODE DISTRICT-673602.
*7 ADDL. R7. M.G.PRASAD,
S/O. M. GOPAL, AGED 53 YEARS, WORKING AS HEALTH
INSPECTOR GR.II, COMMUNITY HEALTH CENTRE,
KALLARA, THIRUVANANTHAPURAM, RESIDING AT
'RAJASREE' TC 39/67/I, KANJIRAMPARA P.O.,
MARUTHANKUZHY, THIRUVANANTHAPURAM-695014.
(ADDITIONAL R7 IS IMPLEADED AS PER THE ORDER
DATED 24/11/2020 IN IA 1/2020 IN OP(KAT)
527/2019)
BY ADVS.
SRI.P.NANDAKUMAR FOR R5, R6
S.MOHAMMED AL RAFI FOR ADDL.R7
SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER FOR R1
TO R3
SRI.P.C.SASIDHARAN,SC - R4
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR ADMISSION ON 23.09.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
O.P (KAT) No.527 of 2019 3
ALEXANDER THOMAS & A.BADHARUDEEN, JJ.
------------------------------------------------
O.P (KAT) No.527 of 2019
(Arising out of the order in I.A No.2 of 2019 in O.P(KAT) No.390 of 2019
on the file of KAT, Tvm. & against O.A No.2142 of 2015 by KAT, Tvm.)
----------------------------------------------------
Dated this the 23rd day of September, 2021
JUDGMENT
ALEXANDER THOMAS, J
The petitioner herein and four others, had earlier approached
this Court by filing O.P(KAT) No.390 of 2018, challenged the final
order dated 25-07-2018 rendered by the Kerala Administrative
Tribunal, Thiruvananthapuram Bench in O.A No.2142 of 2015 filed
by them. The said O.P (KAT) No.390 of 2018 has been disposed of
by the Division Bench of this Court as per Ext.P2 common judgment
dated 5-7-2019. In the said O.P as well as in other connected O.Ps as
in O.P(KAT) Nos.423 & 342 of 2018, this Court held in Ext.P2
judgment that it is indisputable that the petitioners therein who
were holding the post of Junior Health Inspector, Grade II are
eligible to be promoted as a Food Inspector when the Prevention of
Food Adulteration Act, 1954 was in force as they possessed the
Degree in Chemistry in addition to five years' experience in the
Department which was a necessary qualification as per the
Executive orders then in vogue. This Court also found that it is a
conceded position that all the vacancies in question had arisen
(including that in Kasaragod and Kannur Districts) during the
period from 2007-2011 in the post of Food Inspector. The statutory
provisions were later amended with the commencement of the Food
Safety and Standards Rules, 2011, which came into force on 5-8-
2011 The Division Bench of this Court held in para 5 of Ext.P2
judgment that all the vacancies in question (approximately 5 in
number) which were existing as on the coming into force of the said
new rules on 5-8-2011 should be filled up by qualified Junior Health
Inspectors on the basis of the unamended rules. It is also directed
that the Junior Health Inspectors shall be promoted to the
redesignated post of Food Safety Officer by the appointing authority
under the Food and Safety Standards Act, 2006 and the remaining
substantive vacancies to the post of Food Safety Officer shall be
filled up from the Rank List published by the Public Service
Commission on 9-9-2016. Hence, this Court held that the impugned
order of the Tribunal, insofar as it relates to the petitioners therein
shall stand modified and necessary follow up action shall be taken
up by the respondent therein forthwith, etc.
2. The learned counsel for the petitioner herein would
point out that I.A No.1 of 2019 was filed by the other petitioners in
Ext.P2 O.P on 5-7-2019 for getting the name of the petitioner
herein/3rd petitioner therein deleted from Ext.P2 original petition
proceedings. According to the petitioner, when he came to know
about the said deletion, he had immediately filed Ext.P4 I.A No.2 of
2019 in O.P No.390 of 2018 on 15-07-2019 before this Court stating
that he had never given any instructions either to his counsel or
anyone to get his name deleted and that he is actually interested to
prosecute the matter further and that he is entitled to get the benefit
of Ext.P2 judgment. The Division Bench of this Court later passed
Ext.P7 order dated 22-10-2019 on the said I.A No.2 of 2019 in
O.P(KAT) No.390 of 2018 holding that there is no necessity to
resolve the said disputes and that the petitioner herein was given
liberty to file a fresh original petition before this Court in respect of
his grievances which was dealt with in Ext.P2 judgment. It is
thereafter that the petitioner has filed the present original petition
No.527 of 2019 on 25-11-2019.
3. When the above original petition had come up for
consideration on 16- 12-2019, the Division Bench of this Court had
ordered to admit the O.P and further this Court noted the
submission of the learned counsel appearing for the petitioner
herein that out of the five vacancies mentioned in Ext.P2 judgment,
one vacancy is still remaining to be filled. Accordingly, the Division
Bench of this Court had passed interim order dated 16-12-2019 in
this O.P directing that the said vacancy shall not be filled up until
further orders from this Court. The said interim order has not been
varied or modified till date and is still in force.
4. Heard Sri.Sreekumar G. Chelur, the learned counsel
appearing for the petitioner herein, Sri.Saigi Jacob Palatty, the
learned Senior Government Pleader appearing for official
respondents 1 to 3, Sri.P.C.Sasidharan, the learned Standing counsel
for the Kerala Public Service Commission appearing for R4,
Sri.P.Nandakumar, the learned counsel appearing for contesting
respondents 5 & 6 and Sri.Mohammed Al Rafi, the learned counsel
appearing for additional respondent No.7.
5. We are now apprised by Sri.P.Nandakumar, the learned
Advocate appearing for the contesting respondents 5 & 6, who are
co-petitioners in Ext.P2 that none of the petitioners in the common
judgment rendered by this Court in Ext.P2, have got the benefit of
promotion to the abovesaid five vacancies in question, as the
Government has passed orders after considering the claims of those
petitioners that the entitlement for promotion is for other
incumbents concerned going by the norms. Aggrieved by the said
rejection of the plea for promotion, those aggrieved
parties/aggrieved petitioners have already approached the Tribunal
by filing Original Applications, O.A Nos.379 & 1973 of 2020,
challenging the said rejection orders passed by the Government and
raising claim for entitlement of promotion in accordance with
Ext.P2 judgment rendered by this Court and that those O.As are
pending. Further, we are told that the filling up of the said vacancies
pursuant to the orders impugned in those pending OAs have been
stayed by the Tribunal, as per the interim orders therein.
6. After hearing both sides, one option for us is to direct
the competent authority of the State Government to reconsider the
claim of the petitioner herein in the light of Ext.P2 judgment, as
against the five vacancies and subject to seniority and other norms.
But since the Government has already taken a negative stand on the
plea of the other similarly placed petitioners covered by Ext.P2
judgment, the said approach may be a futile exercise and the best
course of action would be to give liberty to the petitioner to
approach the Tribunal by filing an original application so as to
challenge the rejection orders covered by the abovesaid pending O.A
Nos.379 & 1973 of 2020 and for other prayers for establishing his
entitlement for promotion on the basis of Ext.P2 judgment as
against the approximately five available vacancies which are stated
to have been arisen before coming into force of the new rules.
7. Sri.Sreekumar G.Chelur, the learned counsel appearing
for the petitioner would point out that in view of the abovesaid
aspects, this Court need not remit the matter to the Government
and may give liberty to the petitioner to approach the Tribunal and
may also order that in view of the pronouncement of Ext.P2
judgment on 5-7-2019 and also in view of the pendency of the
present O.P since 25-11-2019, delay shall not be reckoned as against
him as regards his pleas in the O.A to be filed before the Tribunal.
8. After hearing both sides, it appears that the petitioner
had diligently prosecuted his rights by filing O.P(KAT) No.390 of
2018 which was finally disposed of by Ext.P2 on 5-7-2019.
Thereafter, he had filed Ext.P4 I.A No.2 of 2019 on 15-07-2019,
which was disposed of as per Ext.P7 order by this Court on 22-10-
2019 and later the petitioner has filed the present O.P on 25-11-
2019. Hence, it is only to be held that the petitioner has diligently
prosecuted his remedies and so, there should not be any serious
issues of delay as far as his pleas in the O.A to be filed before the
Tribunal.
9. Accordingly, the petitioner is given liberty to file a fresh
O.A to ventilate his claims in the light of Ext.P2 judgment and so as
to establish his entitlement for promotion as against the said
vacancies which have arisen before coming into force of the new
rules, etc. and also if necessary to challenge the rejection orders
covered by the present O.A Nos.379 & 1973 of 2020, etc. It is for the
petitioner to immediately approach the Tribunal, without any
further delay, immediately, on getting the copy of this judgment.
10. In case, the petitioner files O.A before the Tribunal
within one month from the date notified for receiving a certified
copy of this judgment, then the interim order passed by this Court
on 16-12-2019 not to fill up one vacancy shall continue till the
disposal of the said O.A. It is made clear that the Tribunal will have
to adjudicate the matter strictly in the light of the issues already
settled by this Court in Ext.P2 common judgment dated 5-7-2019.
The Registry may forward a copy of this judgment to the
Kerala Administrative Tribunal, Thiruvananthapuram Bench.
With these observations and directions, the above Original
petition is disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
A. BADHARUDEEN, JUDGE
amk
APPENDIX OF OP(KAT) 527/2019
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE MEMORANDUM OF
ORIGINAL PETITION IN OP(KAT)NO.390 OF
18 DATED 15.10.2018 BEFORE THIS HON'BLE
COURT.
EXHIBIT P2 A TRUE COPY OF THE JUDGMENT DELIVERED
BY THIS HON'BLE COURT IN OP(KAT)NO.390
OF 18 DATED 05.07.2019.
EXHIBIT P3 A TRUE COPY OF THE JUDGMENT DELIVERED
BY THIS HON'BLE COURT IN OP(KAT)NO.423
OF 18 DATED 05.07.2019.
EXHIBIT P4 A TRUE COPY OF THE I.A.NO.2 OF 19 IN
OP(KAT)NO.390 OF 18 DATED 15.07.2019.
EXHIBIT P5 A TRUE COPY OF THE COUNTER AFFIDAVIT
FILED IN I.A.NO.2 OF 19 IN
OP(KAT)NO.390 OF 18 DATED 25.09.2019.
EXHIBIT P6 A TRUE COPY OF THE REPLY AFFIDAVIT
FILED BY THE PETITIONER IN I.A.NO.2 OF
19 IN OP(KAT)NO.390 OF 18 DATED
08.10.2019.
EXHIBIT P7 A TRUE COPY OF THE ORDER PASSED BY THIS
HON'BLE COURT IN I.A.NO.2 OF 2 OF 19 IN
OP(KAT)NO.390 OF 18 DATED 22.10.2019.
RESPONDENT EXHIBITS :
EXHIBIT R7(A) TRUE COPY OF THE ORDER NO. GI-
50961/2019/DHS DATED 30/01/2020 ISSUED
BY THE DIRECTOR OF HEALTH SERVICE.
EXHIBIT R7(B) TRUE COPY OF THE ORDER NO. EG1-
50961/2019/DHS DATED 03/02/2020 ISSUED
BY DIRECTOR OF HEALTH SERVICE.
EXHIBIT R7(C) TRUE COPY OF THE GO(RT) NO.282/2020
H&FWD DATED 10/02/2020 ISSUED BY
SECRETARY, HEALTH AND FAMILY WELFARE
DEPARTMENT, THIRUVANANTHAPURAM.
