Kerala High Court
Agimon K.P vs T.K.Jose on 29 June, 2022
Con.Case(C) No.1210/2022 1/6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
Wednesday, the 29th day of June 2022 / 8th Ashadha, 1944
CONTEMPT CASE(C) NO. 1210 OF 2022(S) IN OP(KAT) 434/2019
PETITIONER/RESPONDENT NO.1 IN OP(KAT):
AGIMON K.P,AGED 45,S/O.SHRI.K.E.PADMANABHAN, KAIPPANAL
HOUSE,PAINGOTTOOR,KOTHAMANGALAM,ERNAKULAM, PIN - 686671
BY ADVS.B.RAGHUNATHAN,M.SALIM,DR.STANLY CHAZHOOR,K.JALADHARAN,V.M.JACOB
RESPONDENT/PETITIONER NO.1 IN OP(KAT):
SHRI.T.K.JOSE,ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME
DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM, PIN - 695001
SRI.ASHOK M.CHERIAN,ADDITIONAL ADVOCATE GENERAL
SRI.T.K.VIPIN DAS,SENIOR GOVERNMENT PLEADER
This Contempt of court case (civil) having come up for orders on
29.06.2022, the court on the same day passed the following:
Con.Case(C) No.1210/2022 2/6
ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
---------------------------------------------------------
Cont. Case (C) No. 1210 of 2022
[arising out of the impugned judgment dated 31.01.2022
in OP(KAT) No.434/2019]
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Dated this the 29th day of June, 2022
ORDER
Sri.T.K.Vipin Das, learned Senior Government Pleader, seeks short
time to get instructions in the matter.
2. Sri.Ashok M. Cherian, learned Additional Advocate General,
is requested to immediately get instructions and may furnish necessary
advice to the Principal Secretary, Home Department to ensure that
immediate steps are taken, for compliance of the directions in the
judgment that would amount to alleviation of the long standing agony
and suffering undergone by a duly qualified candidate, who is suffering
from 85% orthopaedic disability. The directions in the judgment at
Annexure A1 were ordered to be complied within a period of six weeks,
which time period has expired long ago.
3. The Tribunal has conclusively found, about which there
cannot be any dispute, that going by the actual number of appointments
already made, lateral vacancies in the physically disabled quota were not
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Cont. Case (C) No. 1210 of 2022
less than seven. However, the tribunal issued an interim order directing
reporting of only six vacancies of Assistant Public Prosecutor in the
physically disabled quota to the PSC before the deadline of the expiry of
the ranked list. In spite of this order, it appears that, the Government
has issued a Government Order creating and sanctioning ten vacancies
in the post of Assistant Public Prosecutor and the said vacancies are also
reported by the Government to the PSC well before the deadline and
after the issuance of the interim order, but, giving an impression to the
PSC, as if all those said vacancies are in the general quota, whereas six of
such vacancies should have been in the physically disabled quota. This
could have been on account of communication gap at the ends of the
Government regarding the interim order passed by the tribunal. But, at
least thereafter, when admittedly the Government had received the copy
of the interim order passed by the tribunal, the competent authority of
the State Government in the Home Department, should have
immediately sent a clarificatory letter to the PSC alerting them that at
least six out of the ten vacancies should be provisionally set apart in the
physically disabled quota to honour and comply with the directions of
the tribunal. That was not done. On the other hand, since the impression
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Cont. Case (C) No. 1210 of 2022
given in the requisition made by the Government was as if all the ten
vacancies are in the general quota, the PSC authorities also had advised
ten candidates as against the ten vacancies and that too, treating as if it
is a case of general recruitment and not a case of lateral reservation for
physically disabled quota. There is no dispute that the present petitioner
was the next eligible candidate in the special ranked list for the
physically disabled quota.
4. We modulated the verdict of the tribunal and directed that
the petitioner should be appointed as Assistant Public Prosecutor by the
State Government on an out of turn basis and we also did not issue any
direction that five balance appointments should also be made as against
the five remaining vacancies directed to be reported in the physically
disabled quota. The time line stipulated by us in Annexure A1 judgment
dated 31.01.2022 was six weeks. Evaluating the timeline from the date of
receipt of copy of Annexure A1 judgment, the said timeline has expired
long ago. A physically disabled candidate suffering 85% orthopaedic
disability has been patiently waiting and suffering and also facing the
agony of litigation. We hope and trust that the respondent officer
would rise up to the occasion and ensure that the above said
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Cont. Case (C) No. 1210 of 2022
directions are complied with without any further delay.
5. The Registry will show the name of Sri.Ashok M. Cherian,
learned Additional Advocate General, in the cause list.
List the case on 11.07.2022.
Hand Over
sd/-
ALEXANDER THOMAS
JUDGE
sd/-
SHOBA ANNAMMA EAPEN
JUDGE
bka/-
29-06-2022 /True Copy/ Assistant Registrar
Con.Case(C) No.1210/2022 6/6
APPENDIX OF CON.CASE(C) 1210/2022
Annexure A1 CERTIFIED COPY OF JUDGMENT DATED 31.1.2022 IN
OP(KAT)NO.434 OF 2019.
