Kerala High Court
P.G.Sajikumar vs Manish Kailas on 31 May, 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.
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
OP(KAT) NO. 126 OF 2022
AGAINST THE ORDER DATED01.04.2022 IN OA (EKM).NO. 576/2016 OF THE
KERALA ADMINISTRATIVE TRIBUNAL
PETITIONER/7TH RESPONDENT:
P.G.SAJIKUMAR
AGED 54 YEARS
P.G.SAJIKUMAR,
NOW AGED 54 YEARS, S/O GOPALAN,
NOW WORKING AS TREATMENT ORGANIZER GRADE-I,
GENERAL HOSPITAL, PALA, KOTTAYAM DISTRICT,
PIN-686 575.
WRONGLY SHOWN IN THE CAUSE TITLE OF THE O.A.
AS TREATMENT ORGANIZER GRADE-II,
KOTTAYAM DISTRICT T.B. OFFICE,
DISTRICT HOSPITAL COMPOUND KOTTAYAM,
KERALA, PIN-686 001), PIN - 686575
BY ADVS.
SRI.S.P.ARAVINDAKSHAN PILLAY
SRI.N.SANTHA
SRI.V.VARGHESE
SRI.PETER JOSE CHRISTO
SRI.S.A.ANAND
SRI.L.ANNAPOORNA
SRI.VISHNU V.K.
SRI.ABHIRAMI K. UDAY
RESPONDENTS/APPLICANT AND RESPONDENTS 1 TO 6:
1 MANISH KAILAS
MANISH KAILAS, AGED 35 YEARS,
S/O P.N.SIVAN, KYLAS BHAVAN,
VETTIMUKAL POST OFFICE, ETTUMANOOR,
KOTTAYAM, KERALA, PIN - 686631
2 STATE OF KERALA
:2:
OP(KAT) No.126 of 2022
REPRESENTED BY GOVERNMENT PLEADER,HIGH COURT OF
KERALA, PIN - 682031
3 DIRECTOR OF HEALTH SERVICES
DIRECTOR OF HEALTH SERVICES,
THIRUVANANTHAPURAM, PIN - 695001
4 DISTRICT MEDICAL OFFICER,
DISTRICT MEDICAL OFFICER, KOTTAYAM- PIN - 686001
5 KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE
SECRETARY
KERALA PUBLIC SERVICE COMMISSION, PATTOM,
THIRUVANANTHAPURAM, KERALA, PIN - 695004
6 THE DISTRICT OFFICER
KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE,
KOTTAYAM , PIN - 686001
7 N.S.ASHOKAN
TREATMENT ORGANIZER GRADE-II,
KOTTAYAM DISTRICT T.B. OFFICE, DISTRICT HOSPITAL
COMPOUND, KOTTAYAM, KERALA-686 001
(NOW RETIRED AND RESIDING AT NETTIPPURATH VEEDU,
NADUVILA PADINJAREMURI, VAIKOM P.O., KOTTAYAM), PIN -
686141)
BY GOVERNMENT PLEADER SRI.B UNNIKRISHNA KAIMAL
SRI.P.C.SASIDHARAN
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 31.05.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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OP(KAT) No.126 of 2022
JUDGMENT
A.K.Jayasankaran Nambiar, J
Pursuant to the order of this Court dated 19.05.2022, it is
submitted by the learned Government Pleader that on the basis of a
communication dated 23.05.2022 received from the office of the 3 rd
respondent (the Director of Health Sciences) there is an open vacancy
in the post of Treatment Organizer Grade II that will arise in Kottayam
District on 01.06.2022 and that the petitioner can be accommodated in
the said vacancy. Taking note of the said submission, and finding that
the said arrangement will redress the grievance projected by the
petitioner in the OP(KAT), the OP(KAT) is closed recording the
submission of the learned Government Pleader. The 3 rd respondent shall
issue consequential orders in relation to the petitioner within a week.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
MOHAMMED NIAS C.P.
JUDGE
mns
OP(KAT) No.126 of 2022
APPENDIX OF OP(KAT) 126/2022
PETITIONER EXHIBITS
Exhibit1 TRUE COPY OF THE O.A.(EKM)NO.576/2016 FILED BEFORE
THE KERALA ADMINISTRATIVE TRIBUNAL, ADDITIONAL
BENCH, ERNAKULAM. ANNEXURE-A1: TRUE COPY OF THE
NOTIFICATION DATED 30.04.2011 FOR THE POST OF
TREATMENT ORGANIZER GR.II. ANNEXURE-A2: TRUE COPY
OF THE RANKED LIST DATED 29.07.2015 FOR THE POST
OF TREATMENT ORGANIZER GR.II.
Exhibit2 TRUE COPY OF THE MEDICAL CERTIFICATE DATED
29.10.2011 ISSUED BY DR.SARAH ANN GEORGE, CIVIL
SURGEON, DEPARTMENT OF HEALTH SERVICES, KERALA.
Exhibit3 TRUE COPY OF THE MEDICAL CERTIFICATE DATED
07.04.2022 ISSUED BY DR.KIRAN K.PRABHAKAR, JUNIOR
CONSULTANT IN ORTHOPEADICS, KERALA HEALTH
SERVICES.
Exhibit4 TRUE COPY OF THE ORDER NO.1127/99/DHS DATED
12.01.2001 OF THE DIRECTOR OF HEALTH SERVICES.
Exhibit5 TRUE COPY OF THE ORDER NO.75/2012/DTO/ DTC/I/DTD
DATED 10.04.2012 OF THE DISTRICT T.B. OFFICER,
IDUKKI.
Exhibit6 TRUE COPY OF THE IDENTITY CARD NO.506 ISSUING
AUTHORITY, GOVERNMENT OF KERALA, HEALTH SERVICES
TO SRI.LAGESH P.R.
Exhibit7 TRUE COPY OF THE REPLY STATEMENT DATED 22.08.2016
FILED BY THE 3RD RESPONDENT IN O.A.(EKM) 576/2016
OF THE HON'BLE KAT.
Exhibit8 TRUE COPY OF THE ADDITIONAL REPLY STATEMENT DATED
30.01.2017 FILED BY THE 3RD RESPONDENT IN O.A.
(EKM) 576/2016 OF THE HON'BLE KAT.
Exhibit9 TRUE COPY OF THE REPLY STATEMENT DATED 22.05.2017
FILED BY THE KERALA PUBLIC SERVICE COMMISSION IN
O.A.(EKM) 576/2016 OF THE HON'BLE KAT.
OP(KAT) No.126 of 2022
Exhibit10 TRUE COPY OF THE REPLY STATEMENT DATED 31.05.2019
(WHICH WAS WRONGLY TITLED AS ADDITIONAL REPLY
STATEMENT) FILED BY THE 2ND RESPONDENT IN O.A.
(EKM) 576/2016 OF THE HON'BLE KAT. ANNEXURE-R2(A):
TRUE COPY OF THE PROFORMA FOR REPORTING VACANCIES
DATED 16.06.2018. ANNEXURE-R2(B): TRUE COPY OF THE
PROFORMA FOR REPORTING THE NJD VACANCIES DATED
01.11.2018. ANNEXURE-R2(C): TRUE COPY OF THE ORDER
NO.LRE3- 22589/18 DATED08.03.2019. ANNEXURE-R2(D):
TRUE COPY OF THE LETTER DATED 23.02.2017 BY THE
DISTRICT OFFICER, PSC TO THE DISTRICT MEDICAL
OFFICER.
Exhibit11 TRUE COPY OF THE ADDITIONAL REPLY DATED 27.05.2020
FILED BY THE PSC IN O.A.(EKM) 576/2016 OF THE
HON'BLE KAT.
Exhibit12 TRUE COPY OF THE R.A.(EKM)NO.13/2022 DATED
08.04.2022 IN O.A.(EKM)NO.576/2016 OF THE HON'BLE
KAT. ANNEXURE-RA1:TRUE COPY OF THE ORDER DATED
01.04.2022 IN O.A.(EKM) 810/2015 OF THIS HON'BLE
TRIBUNAL. ANNEXURE-RA2: REPLY STATEMENT FILED BY
THE APPLICANT DATED 09TH SEPTEMBER 2019 IN O.A.
(EKM) 576/2016. M.A. SEEKING LEAVE M.A. FOR STAY
Exhibit13 TRUE COPY OF THE ORDER DATED 08.04.2022 IN R.A.
(EKM)NO.13/2022 IN O.A.(EKM) 576/2016 OF THE
HON'BLE KAT.
Exhibit14 TRUE COPY OF THE FINAL ORDER DATED 01.04.2022 IN
O.A.(EKM)NO.576/2016, AS MODIFIED AS PER ORDER
DATED 08.04.2022 IN R.A.(EKM)NO. 13/2022 IN O.A.
(EKM)NO.576/2016 OF THE KERALA ADMINISTRATIVE
TRIBUNAL.
