Premaja V vs State Of Kerala
2022 Latest Caselaw 9575 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.
        THURSDAY, THE 25TH DAY OF AUGUST 2022/3RD BHADRA, 1944
                       O.P(KAT).NO.289 OF 2022
        AGAINST THE ORDER IN O.A.(EKM).NO.1140/2022 OF KERALA
             ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS:

    1       PREMAJA V
            AGED 55 YEARS
            W/O. SHRI.HAREENDRAN E, HEAD OF DEPARTMENT - CABM,
            EKNM GOVT. POLYTECHNIC COLLEGE, TRIKKARIPUR - 671310
            AND R/O. KAUSTUBHAM, P.O PARAL, KANNUR DISTRICT,
            PIN - 670671

    2       DR.FEROSE P M
            AGED 53 YEARS
            S/O.SHRI P M MAJEED, PRESENTLY WORKING AS
            HEAD OF DEPARTMENT, CABM, GOVT. WOMENS
            POLYTECHNIC COLLEGE, KOTTACKAL, MALAPPURAM DT.
            - 676501 & R/O.PALLIMANHAYALIL HOUSE,
            P.O KUDALLUR, PALAKKAD DISTRICT., PIN - 679554

            BY ADV.SMT.REENA SHARON SURESH
            BY ADV.SRI.K.P.S.SURESH



RESPONDENTS:

    1       STATE OF KERALA
            THE PRINCIPAL SECRETARY
            DEPT. OF HIGHER EDUCATION
            SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

    2       THE DIRECTOR OF TECHNICAL EDUCATION
            DIRECTORATE OF TECHNICAL EDUCATION
            THIRUVANANTHAPURAM, PIN - 695001
 O.P.(KAT).NO.289 OF 2022     :: 2 ::




 3        THE PRINCIPAL
          EKNM GOVT. POLYTECHNIC COLLEGE
          P.O. TRIKKARIPUR, KASARGOD DT., PIN - 671310

 4        THE PRINCIPAL
          GOVT. WOMEN'S POLYTECHNIC COLLEGE,
          KOTTACKAL P.O., MALAPPURAM DT., PIN - 676501

          BY SRI.BIJOY CHANDRAN, GOVERNMENT PLEADER



      THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME
UP FOR ADMISSION ON 25.08.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 O.P.(KAT).NO.289 OF 2022             :: 3 ::




                              JUDGMENT

Mohammed Nias C.P., J.

The petitioners have approached the Kerala Administrative

Tribunal seeking disposal of Annexure A6 and A6(a) representations

made before the 2nd respondent seeking inclusion of their names in

the seniority list of HoDs for promotion to the cadre of Principal in

Government Polytechnic Colleges. The Tribunal directed the 2 nd

respondent to dispose Annexure A6 and A6(a) representations

within two months from the date of receipt of the copy of the order.

Complaining that the Tribunal did not grant the interim relief

sought, namely to keep two posts of Principal vacant, the

petitioners have filed this Original Petition.

The very entitlement of the petitioners to get inclusion in the

seniority list, as they claimed in Annexure A6 and A6(a)

representations, had to be decided by the 2 nd respondent, and a

decision to be taken thereon. It is only in the event of a favourable O.P.(KAT).NO.289 OF 2022 :: 4 ::

decision taken by the 2nd respondent in Annexure A6 and A6(a)

representations that the petitioners right to be considered for

promotion to the post of Principal arises. The Tribunal was right in

not granting the interim relief of keeping two posts of Principal

vacant. We find no reason to interfere with the order of the

Tribunal inasmuch as the prayer of the petitioners for keeping two

posts of Principal vacant was premature. The O.P.(KAT) fails, and is

accordingly dismissed.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

Sd/-

MOHAMMED NIAS C.P.

                                               JUDGE
prp/25/8/22
    O.P.(KAT).NO.289 OF 2022           :: 5 ::

APPENDIX OF O.P(KAT).NO.289/2022

PETITIONER ANNEXURES:

Annexure A1 TRUE COPY OF THE PROMOTION ORDER OF APPLICANT-1 VIDE GO(RT) NO.530/2008 H.EDN DATED 28-03-2008

Annexure A2 TRUE COPY OF THE REGULARISATION ORDER VIDE GO NO.(RT) NO.1634/2021/HDEN DATED 08-12-

Annexure A3 TRUE COPY OF THE DISABILITY CERTIFICATE VIDE NO.3137 BASED ON THE DISTRICT DISABILITY ASSESSMENT BOARD ON 03 NOVEMBER 2004, IRO APPLICANT 1

Annexure A3a TRUE COPY OF THE ID CARD NO.KL MPM LD 4823 DATED 10-10-2004 IRO APPLICANT 2

Annexure A4 TRUE COPY OF ORDER NO. GO NO.2/2021/ HDEN DATED 23-01-2021 IN FILE NO.HEDN-

L3/185/2020-HEDN

Annexure A5 TRUE COPY OF TECHNICAL EDUCATION DIRECTORATE CIRCULAR NO. EG2/5573/20/DTE DATED 22-06-2022

Annexure A6 TRUE COPY OF THE REPRESENTATION FROM APPLICANT 1 , DATED 04-07-2022

Annexure A6a TRUE COPY OF THE REPRESENTATION FROM APPLICANT 2 , DATED 06-07-2022

Exhibit P1 TRUE COPY OF CERTIFIED COPY OF KERALA ADMINISTRATIVE TRIBUNAL, ADDL BENCH, ERNAKULAM ORDER IN OA(EKM) NO.1140 OF 2022 O.P.(KAT).NO.289 OF 2022 :: 6 ::

DATED 02-08-2022

Exhibit2 TRUE COPY OF THE OA 1140/2022

RESPONDENTS ANNEXURES: NIL.

//TRUE COPY//

P.S. TO JUDGE