Kerala High Court
Joseph N.J vs State Of Kerala on 29 June, 2022
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 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
OP(KAT) NO. 189 OF 2022
AGAINST THE ORDER DATED 22.2.2018 IN OA 2060/2012 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/APPLICANT IN THE OA:
JOSEPH N.J
AGED 54 YEARS
DRUGS INSPECTOR, DRUGS CONTROL DEPARTMENT,
GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 035.
(NATTUVAYIL HOUSE,VANDANPATHAL, R.P.C (P.O),
MUNDAKKAYAM, KOTTAYAM)., PIN - 686513
BY ADVS.
SRI.B.RAGHUNATHAN
SRI.R.SRINATH
SRI.V.M.JACOB
SRI.M.SALIM
RESPONDENTS/RESPONDENTS IN OA:
1 STATE OF KERALA, REPRESENTED BY PRINCIPAL
SECRETARY TO GOVERNMENT,
HEALTH AND FAMILY WELFARE DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, KERALA, PIN - 695001
2 DIRECTOR OF MEDICAL EDUCATION, MEDICAL COLLEGE PO,
THIRUVANANTHAPURAM, KERALA, PIN - 695011
3 DRUGS CONTROLLER
VANCHIYOOR, THIRUVANANTHAPURAM, KERALA, PIN - 695035
4 KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE
SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM,
THIRUVANANTHAPURAM, KERALA, PIN - 695004
BY GOVERNMENT PLEADER SRI.BIJOY CHANDRAN
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
:2:
OP(KAT).No.189 of 2022
JUDGMENT
A.K.Jayasankaran Nambiar, J.
The applicant in O.A.No.2060 of 2012 before the Kerala
Administrative Tribunal (KAT) is the petitioner herein, aggrieved by the
order dated 22.02.2022 of the Tribunal, in the said O.A.
2. The brief facts necessary for disposal of the OP(KAT) are as
follows:
The petitioner was a candidate who applied for the post of Senior
Lecturer in Pharmacy in the Medical Education Department. In the rank
list prepared by the Public Service Commission, pursuant to the test
conducted by them, the applicant was initially included. It was the case
of the petitioner before the Tribunal that at some stage, he was
excluded from the rank list and that the said exclusion was improper.
The O.A was filed seeking his inclusion in the rank list. It would appear
that the O.A came up for hearing before the Tribunal only in 2018, and
by that time, the validity period of the rank list in question had expired.
Taking note of the said fact and finding that the relief sought for in the
O.A could not be granted to the petitioner, the Tribunal proceeded to
OP(KAT).No.189 of 2022
dismiss the O.A.
2. In the OP(KAT) before us, although various contentions are
raised against the impugned order of the Tribunal, we find that no
effective relief can be expected by the petitioner in these proceedings.
This is because, as rightly noticed by the Tribunal, the rank list to which
he sought inclusion had come into force on 16.11.2010 and expired by
2013. At this distance in time, the petitioner, therefore, cannot aspire
for obtaining any meaningful relief even if he succeeds in showing that
he ought to have been included in an expired rank list. Under such
circumstances, we see no reason to interfere with the order of the
Tribunal impugned in this OP(KAT). The OP(KAT) fails and is
accordingly dismissed.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
MOHAMMED NIAS C.P.
JUDGE
mns
OP(KAT).No.189 of 2022
APPENDIX OF OP(KAT) 189/2022
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF RANK CERTIFICATE NO.427 DATED
10.12.1997 ISSUED BY THE UNIVERSITY OF
KERALA.
Annexure A2 TRUE COPY OF THE RANK-LIST FOR SENIOR
LECTURER IN PHARMACY W.E.F.16.11.2010
PUBLISHED BY THE 4TH RESPONDENT.
Annexure A3 TRUE COPY OF THE ON LINE APPLICATION
SUBMITTED DATED 21.8.2008.
Annexure A4 TRUE COPY OF THE LETTER DATED 21.8.2008
ADDRESSED TO THE 3RD RESPONDENT.
Annexure A5 TRUE COPY OF THE NO OBJECTION CERTIFICATE
DATED 2.8.2010 ISSUED BY THE 3RD
RESPONDENT.
Annexure A6 TRUE COPY OF THE LETTER DATED 3.12.2010 TO
THE 3RD RESPONDENT.
Annexure A7 TRUE COPY OF THE FORM OF RECEIPT DATED
13.12.2010 ISSUED BY THE 3RD RESPONDENT.
Annexure A8 TRUE COPY OF THE NOTICE DATED 27.6.2011
ISSUED BY THE 4TH RESPONDENT.
Annexure A(a) ENGLISH VERSION OF ANNEXURE A8.
Annexure A9 TRUE COPY OF THE EXPLANATION DATED 5.7.2011
SUBMITTED TO THE 4TH RESPONDENT.
Annexure A10 TRUE COPY OF THE ERRATUM NOTIFICATION DATED
OP(KAT).No.189 of 2022
11.8.2001.
Exhibit P1 TRUE COPY OF ORDER DATED 22.2.2018 IN OA
NO.2060 OF 2012 OF THE KERALA
ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM.
Exhibit P2 TRUE COPY OF OA(EKM)NO.2060 OF 2012 ALONG
WITH THE ANNEXURES.
Exhibit P3 TRUE COPY OF THE REPLY STATEMENT DATED
31.12.2012 OF 4TH RESPONDENT.
Exhibit P4 TRUE COPY OF THE REPLY STATEMENT DATED
18.10.2013 OF 3RD RESPONDENT.
Exhibit P5 TRUE COPY OF THE REJOINDER TO THE REPLY OF
4TH RESPONDENT DATED 17.8.2013 SUBMITTED BY
THE PETITIONER.
Exhibit P6 TRUE COPY OF THE REJOINDER TO THE REPLY OF
3RD RESPONDENT DATED 15.2.2017 SUBMITTED BY
THE PETITIONER.
