State Of Kerala vs P.R. Baburaj
2022 Latest Caselaw 5757 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                 &
         THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
       Friday, the 27th day of May 2022 / 6th Jyaishta, 1944
                       OP(KAT) NO. 91 OF 2022

 (AGAINST THE ORDER DATED 03/04/2019 IN OA(EKM)NO.781/2018 OF THE
  KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM, ADDITIONAL
                         BENCH,ERNAKULAM)

PETITIONERS/RESPONDENTS 1 TO 3 IN O.A.:
  1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, FOREST & WILD
    LIFE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
    - 695001,KERALA.

AND 2 OTHERS.

RESPONDENTS/APPLICANTS 1 TO 3 IN O.A.:
  1. P.R. BABURAJ, S/0 RAGHAVAN (DEPUTY RANGER-FOREST OFFICER
    GRADE) ,ACF SOCIAL FORESTRY DIVISION, WAYANAD, KALPETTA,
    PADMASREE HOUSE, VATTUKUNNU, MULAMTHURUTHY.P.O, ERNAKULAM -
    682314.

    & 2 OTHERS.


     OP(KAT) 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 operation and implementation of Ext.P3 order
dated 03.04.2019 in O.A.(EKM) No.781/2018, on the file of the
Kerala Administrative Tribunal, Thiruvananthapuram pending
disposal of the above Original Petition.




     This petition again coming on for orders on 27/05/2022, upon
perusing the petition and the affidavit filed in support of
OP(KAT) and this court's order dated 23/03/2022 and upon hearing
the arguments of GOVERNMENT PLEADER for the petitioners and
of M/S S.KRISHNAMOORTHY,SNEHA ROSE, P.S.ARUNA, Advocates for the
respondents, the court passed the following:
           ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
             ===================================
                                 OP(KAT) No.91 of 2022
    (arising out of the order dated 03.04.2019 in OA(EKM) No.781/2018 by the KAT, Addl.
                                          Bench EKM)
             =========================================
                     Dated this the 27th day of May, 2022

                                          ORDER

Sri.S.Krishnamoorthi, learned Advocate has taken notice for all the three

respondents in the OP/Original Applicants in the OA. Sri.Krishnamoorthi,

learned Advocate, appearing for the respondents in the OP would submit on

the basis of instructions that the Apex Court has already admitted SLP civil

No.1933/2020, arising out of the impugned final order dated 20.09.2019,

rendered by the Division Bench of this Court in OP(KAT) No.380/2018 (Ext.P9

herein) and has also granted stay of recovery proceedings and further that it is

expected that the SLP/Civil Appeal may be finally disposed of by the Apex

Court, within a short time or so and that this Court may await for some time to

ascertain as to whether the judgment/final order of the Apex Court in the above

SLP/Civil Appeal is rendered in the meanwhile. The interim stay order granted

by this Court, will stand extended until further orders.

List the case in the Admission List on 04.07.2022.

               Handover to both sides.                             Sd/-

                                                      ALEXANDER THOMAS
                                                            JUDGE


                                                            sd/-
                                                   SHOBA ANNAMMA EAPEN
                                                          JUDGE
  Nsd




27-05-2022                       /True Copy/                              Assistant Registrar