Kerala High Court
Jayasurya Babu D vs State Of Kerala on 18 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Friday, the 18th day of February 2022 / 29th Magha, 1943
OP(KAT) NO. 12 OF 2022
(AGAINST ORDER DATED 07.01.2022 IN OA NO.688/2021 OF THE KERALA ADMINISTRATIVE
TRIBUNAL, THIRUVANANTHAPURAM)
PETITIONER/APPLICANT:
JAYASURYA BABU D.,AGED 42 YEARS,S/O. DIVAKARAN NAIR,HEAD OF
DEPARTMENT, TEXTILE TECHNOLOGY, CENTRAL POLYTECHNIC COLLEGE,
VATTIYOORKAVU, THIRUVANANTHAPURAM-695 013, RESIDING AT DEVANANDANAM,
PADAVALLIKONAM LINE, KARIPOOR, KARIPOOR P.O., NEDUMANGAD,
THIRUVANANTHAPURAM-695 541.
RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF HIGHER EDUCTION, SECRETARIAT, THIRUVANANTHAPURAM-695
001.
2. DIRECTOR OF TECHNICAL EDUCATION, DIRECTORATE OF TECHNICAL EDUCATION,
PADMAVILASAM ROAD, FORT, NALUMUKKU, PAZHAVANGADI,
THIRUVANANTHAPURAM, KERALA-695 023.
3. PRINCIPAL, CENTRAL POLYTECHNIC COLLEGE, VATTIYOORKAVU,
THIRUVANANTHAPURAM-695 013
4. AJAYA KUMAR, LECTURER, CENTRAL POLYTECHNIC COLLEGE, VATTIYOORKAVU,
THIRUVANANTHAPURAM-695 013.
5. ROSHA KUMAR T.N., AGED 55 YEARS, S/O.T.K.NARAYANAN, WORKING AS
TECHNICAL OFFICER, CONTROLLER OF TECHNICAL EXAMINATIONS, KAIMANAM
P.O., THIRUVANANTHAPURAM-695 013.
6. SURENDRAN K.K., AGED 53 YEARS,S/O. N.KUMARAN, WORKING AS LECTURER,
TEXTILE TECHNOLOGY GOVT., POLYTECHNIC COLLEGE, KANNUR-7, AND
RESIDING AT KANIYANKANDI KARAYI HOUSE, CHAMPAD P.O., THALASSERY,
KANNUR-670 694. ADDITIONAL R7 AND R8 IMPLEADED.
7. SMT.REENAMMA JOHN, AGED 51 YEARS,W/O.THOMAS N.F.,LECTURER IN TEXTILE
TECHNOLOGY, GOVERNMENT POLYTECHNIC COLLEGE, THOTTADA P.O.,KANNUR-670
007, RESIDING AT 'NANAJILATH',THOTTADA P.O.,KANNUR-670 007.
8.RAJEEV S., AGED 54 YEARS,S/O.K.SIVARAMA PILLAI,LECTURER IN TEXTILE
TECHNOLOGY,CENTRAL POLYTECHNIC
COLLEGE,VATTIYOORKAVU,THIRUVANANTHAPURAM-695 013, RESIDING AT
RAJEEVAM,KAKKAZHOM (P.O.),ALAPPUZHA-688 005. ADDITIONAL R7 AND R8 ARE
IMPLEADED AS PER ORDER DATED 18/2/22 IN I.A.2/22 IN OP(KAT) 12/2022.
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 the reversion of the applicant from the post
Head of the Department (Textile Technology) to the post of Lecturer.
This petition again coming on for orders on 18.02.2022, upon
perusing the petition and the affidavit filed in support of OP(KAT), and
this courts order dated 12.01.2022 and 07.02.2022, upon hearing the
arguments of M/S. KALEESWARAM RAJ, VARUN C.VIJAY & THULASI K. RAJ,
Advocates for the petitioner, and of SRI.B.UNNIKRISHNA KAIMAL, SENIOR
GOVERNMENT PLEADER for the respondents 1 to 3, SRI.MANU HUSSAIN, ADVOCATE
for the respondents 4 & 5 and of M/S.P.M.JOSEPH, R.S.HARI KUMAR & MATHEW
KURIAN MATTAM, Advocates for the respondent 6, the court passed the
following:
P.T.O.
ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
================================================
I.A. No. 2 of 2022 in
OP(KAT) No. 12 of 2022
&
OP(KAT) No. 12 of 2022
[arising out of the impugned final order dated 7.1.2022 in O.A.No.688/2021
on the file the KAT, Thiruvananthapuram Bench]
=================================================
Dated this the 18th day of February, 2022
ORDER
I.A. No. 2/2022 in OP(KAT) No. 12/2022
Heard. This is an application to implead the applicants in above
I.A. who are stated to be seniors to the original applicant in the category
of Lecturer in Government Polytechnic College.
2. It is urged by Sri.P.M.Joseph, learned counsel appearing for
the applicants in the I.A. that since, the dispute in issue is regarding
norms to be followed for making temporary promotions as per Rule
31(a)(i) of KS & SSR Part II, the applicants in the I.A. are necessary or
atleast proper parties in this O.P.
3. The plea for impleadment is not opposed by Sri.Kaleeswaram
Raj, learned counsel appearing for the original applicant (R-1 in the I.A.)
as well as the learned Senior Government Pleader. Hence, it is ordered
that the two applicants in this I.A. will stand impleaded as additional
respondents 7& 8 in the main OP (KAT).
4. The Registry will make necessary changes in the Cause Title.
I.A. No. 2/2022 in OP(KAT) No. 12/2022 &
OP(KAT) No. 12/2022
OP(KAT) No. 12/2022
5. Sri.B.Unnikrishna Kaimal, learned Senior Government
Pleader submits that the official respondents require time by 2 weeks to
comply with the directions issued by this Court on 12.1.2022, as
reiterated in the subsequent order dated 7.2.2022, to make temporary
promotions to the 2 vacant posts of Head of the Section (Textile
Technology).
6. Time by 2 weeks is granted. The interim order granted by this
Court will stand extended for a further period of 3 weeks.
List this case for further consideration and for judgment on
9.3.2022.
Hand over.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
VIJU ABRAHAM, JUDGE
MMG
18-02-2022 /True Copy/ Assistant Registrar
