Abdurahiman Puthukkudy vs State Of Kerala
2022 Latest Caselaw 9333 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

        THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

                                 &

           THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

   WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944

                      OP(KAT) NO. 257 OF 2022

        (IN OA 1668/2021 OF KERALA ADMINISTRATIVE TRIBUNAL,

                     THIRUVANANTHAPURAM BENCH)

PETITIONERs/APPLICANTS:

    1      ABDURAHIMAN PUTHUKKUDY
           AGED 53 YEARS, S/O MOIDEENKOYA,
           MALE CARETAKER,
           GOVERNMENT CHILDREN'S HOME FOR BOYS,
           VELLIMADIKUNNU, KOZHIKODE-673012,
           RESIDING AT PUTHUKKUDY,
           KIZHAKKOTH P.O., KOZHIKODE-673572.



    2      ABUBACKER M, AGED 51 YEARS
           S/O ASSAIN M., MALE CARETAKER,
           GOVERNMENT CHILDREN'S HOME FOR BOYS,
           VELLIMADIKUNNU,
           KOZHIKODE-673012,
           RESIDING AT MALAYILATHOOTT,
           MUTTANCHERYI P.O.,
           KOZHIKODE- 673585


    3      KUNHAMMED KOZHAKOT
           AGED 49 YEARS,S/O POCKER K.,
           MALE CARETAKER,
           GOVERNMENT OBSERVATION HOME FOR BOYS,
           VELLIMADIKUNNU,
           KOZHIKODE-673012,
           RESIDING AT MADEENA MAHAL,
           CHERUVANNUR P.O.,
           KOZHIKODE- 673524


    4      REFI S.M
           AGED 49 YEARS
           S/O MUHAMMED ALI, MALE CARETAKER,
           GOVERNMENT CHILDREN'S HOME FOR BOYS,
                                    :2:
OP(KAT).No.257 of 2022




              VELLIMADIKUNNU, KOZHIKODE-673012,
              RESIDING AT UMMATHADATHIL,
              NITC P.O.,
              KOZHIKODE- 673601


              BY ADV ANITHA MATHAI MUTHIRENTHY


RESPONDENTS/RESPONDENTS:

      1       STATE OF KERALA
              REPRESENTED BY THE SECRETARY TO GOVERNMENT,
              SOCIAL JUSTICE,
              DEPARTMENT,
              SECRETARIAT,
              THIRUVANATHAPURAM-695001


      2       THE DIRECTOR
              DIRECTORATE OF WOMEN AND CHILDREN DEVELOPMENT,
              POOJAPPURA P.O.,
              THIRUVANANTHAPURAM- 695012


      3       NISHA B
              AGED 50 YEARS
              FEMALE CARETAKER,
              GOVERNMENT CHILDREN'S HOME FOR BOYS,
              KOLLAM-691001


      4       SHINI SUKUMARAN
              AGED 45 YEARS
              FEMALE CARETAKER,
              GOVERNMENT CHILDREN'S HOME FOR GIRLS,
              KAKKANAD, ERNAKULAM - 682030


      5       SOUMYA R
              AGED 50 YEARS
              FEMALE CARETAKER,
              WOMEN PROTECTION OFFICE,
              ALAPPUZHA-688001


      6       SHEEJA M
              AGED 50 YEARS
                                    :3:
OP(KAT).No.257 of 2022




              FEMALE CARETAKER,
              GOVERNMENT CHILDREN'S HOME,
              RAMAVARMAPURAM,
              THRISSUR - 680631


      7       GANGA SURENDRAN
              AGED 50 YEARS
              FEMALE CARETAKER,
              GOVERNMENT CHILDREN'S HOME,
              KOLLAM- 691001

              BY GOVERNMENT PLEADER SRI.BIJOY CHANDRAN


          THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR

ADMISSION ON 10.08.2022, THE COURT ON THE SAME DAY DELIVERED

THE FOLLOWING:
                                     :4:
OP(KAT).No.257 of 2022




                              JUDGMENT

A.K.Jayasankaran Nambiar, J.

This OP(KAT) seeks a direction to the Kerala Administrative

Tribunal to consider and pass orders in a pending O.A (O.A.No.1668 of

2021), expeditiously. In our view, such an OP(KAT) is not maintainable

before this Court, more so when the Tribunal to which directions are

sought is one that is constituted pursuant to Article 323A of the

Constitution of India and is a body exercising concurrent jurisdiction as

that of the High Court in relation to service matters. Accordingly,

without prejudice to the right of the petitioners to move the Tribunal for

an early hearing of the O.A, the OP(KAT) is dismissed.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

Sd/-

MOHAMMED NIAS C.P.

JUDGE

mns

OP(KAT).No.257 of 2022

APPENDIX OF OP(KAT) 257/2022

PETITIONER ANNEXURES

Annexure A1 TRUE COPY OF THE 'KERALA SOCIAL WELFARE SUBORDINATE SERVICE RULES' BY G.O(P) NO. 54/2010/SWD ISSUED BY THE FIRST RESPONDENT DATED 10-08-2010

Annexure A2 TRUE COPY OF THE 'KERALA SOCIAL WELFARE SUBORDINATE SERVICE RULES (AMENDMENT)' ISSUED BY THE FIRST RESPONDENT DATED 13-11-

Annexure A3 TRUE COPY OF THE G.O.(MS)NO.6/2021/SJD ISSUED BY THE FIRST RESPONDENT DATED 15-02-

Annexure A4 TRUE COPY OF THE ORDER NO.E8-16007/20 ALONG WITH THE COMBINED FINAL SENIORITY LIST ISSUED BY THE SECOND RESPONDENT DATED 12- 07-2021

Annexure A5 TRUE COPY OF THE ORDER NO.WCD-E7/10118/21 ISSUED BY THE SECOND RESPONDENT DATED 15- 07-2021

Annexure A6 TRUE COPY OF THE ORDER IN OA-827/2021OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM.

Annexure A7 TRUE COPY OF THE ORDER NO. WCD-

E8/16007/2020 ISSUED BY THE SECOND RESPONDENT DATED 28-07-2021

Annexure A8 TRUE COPY OF THE ORDER NO. WCD-E7/10118/21 ISSUED BY THE SECOND RESPONDENT DATED 29- 07-2021

OP(KAT).No.257 of 2022

Annexure A9 TRUE COPY OF THE ORDER NO. E8-16007/2020 ISSUED BY THE SECOND RESPONDENT DATED 04- 09-2021

Annexure R2(a) TRUE COPY OF THE GO (MS) NO. 24/2017/SJD DATED 30.06.2017

Annexure R2(b) TRUE COPY OF THE RELEVANT PAGES OF GO (P) NO. 10/2019/SJD, DATED 21.10.2019

Exhibit P1 TRUE COPY OF THE O.A NO. 1668/2021 BEFORE KAT, THIRUVANANTHAPURAM BENCH

Exhibit P2 TRUE COPY OF THE M.A NO.1726/2021 AND M.A NO.1772/2021 BEFORE KAT, THIRUVANANTHAPURAM BENCH

Exhibit P3 TRUE COPY OF THE REPLY STATEMENT IN O.A NO.

1668/2021 BEFORE KAT, THIRUVANANTHAPURAM BENCH