Kerala High Court
Noushad T.C vs Manoj K.V on 10 August, 2023
OP(KAT) No.218/2023 1/6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
Thursday, the 10th day of August 2023 / 19th Sravana, 1945
OP(KAT) NO. 218 OF 2023
AGAINST THE ORDER DATED 23.02.2023 IN OA 33/2021 OF KERALA ADMINISTRATIVE
TRIBUNAL
PETITIONERS/RESPONDENTS 6 & 7:
1. NOUSHAD T.C., AGED 46 YEARS, S/O THAMPIKUNJU RAWTHER, JUNIOR HEALTH
INSPECTOR GRADE 1, PHC, VELLAVOOR, KOTTAYAM, RESIDING AT AMBIYIL,
KANGAZHA PO, KOTTAYAM, PIN - 686541
2. PRASANTH P.R, AGED 50 YEARS, S/O P R RAMAKRISHNA KURUP, JUNIOR
HEALTH INSPECTOR GRADE 1, PHC, VALLETHODE, ALAPPUZHA, RESIDING AT
PULLATTUTHARA, PATTANAKAD PO, CHERTHALA, ALAPPUZHA, PIN - 688531
RESPONDENTS/APPLICANTS/RESPONDENTS 1 TO 5:
1. MANOJ K.V., S/O VISWANATHAM, RESIDING AT KANJIRATHAMKUZHI,
PATHANAMTHITTA - 695 588, WORKING AS JUNIOR HEALTH INSPECTOR GRADE -
1, CHC, EZHUMATTOOR, PATHANAMTHITTA, PIN - 689586
2. GOPAKUMAR, S/O M. KUTTAPAN, RESIDING AT GEETHA BHAVANAM,
KADAMPANADU, THUVAYOOR SOUTH P O, PATHANAMTHITTA WORKING AS JUNIOR
HEALTH INSPECTOR GRADE - 1, PHC, MALLAPUZHASSERY, PATHANAMTHITTA -
PH: 79022 12512, PIN - 689652
3. DEPARTMENT OF HEALTH AND FAMILY WELFARE, REPRESENTED BY ITS
SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
4. THE DIRECTOR OF HEALTH SERVICE, HEALTH SERVICES DIRECTORATE,
THIRUVANANTHAPURAM, PIN - 695035
5. ADDITIONAL DIRECTOR OF HEALTH SERVICES (PUBLIC HEALTH), HEALTH
SERVICES DIRECTORATE, THIRUVANANTHAPURAM, PIN - 695035
6. ANIL V.K, S/O KARUNAKARAN NAIR, JUNIOR HEALTH INSPECTOR GRADE 1,
COMMUNITY HEALTH CENTRE, VILAPPILSALA, THIRUVANANTHAPURAM 695 573
RESIDING AT PLOT NO81, INDIRA NAGAR, PEROORKADA, THIRUVANANTHAPURAM
PHONE 85475 39355, PIN - 695995
7. VINOD KUMAR K, S/O KARUNAKARAN PILLAI, JUNIOR HEALTH INSPECTOR GRADE
1, COMMUNITY HEALTH CENTRE, VECHOOCHIRA, PATHANAMTHITTA 686 511
RESIDING AT KALARIYIL SREYAS, KODUKULANJI P.O., CHENGANNUR,
ALAPPUZHA PHONE 94463 78861, PIN - 689508
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 operation and implementation of and all
further proceedings pursuant to Ext.P9 order, pending disposal of the
Original Petition (KAT).
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of OP(KAT) and this Court's order dated
OP(KAT) No.218/2023 2/6
13.07.2023 and upon hearing the arguments of M/S. G.KEERTHIVAS &
L.ANNAPOORNA, Advocates for the petitioners, SHRI. P.C SASIDHARAN,
Advocate for R1 & R2, SHRI. K.P.SATHEESAN, Senior Advocate along with M/S.
P.MOHANDAS(ERNAKULAM) P., K.SUDHINKUMAR, SABU PULLAN, GOKUL D. SUDHAKARAN,
R.BHASKARA KRISHNAN & BHARATH MOHAN, Advocates for R7, the court passed
the following:
OP(KAT) No.218/2023 3/6
ALEXANDER THOMAS & C. JAYACHANDRAN, JJ.
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O.P.(KAT) No. 97 of 2023
[arising out of the order dated 23.02.2023 in O.A.(EKM)No.203/2021 on the file of the
KAT, Additional Bench, Ernakulam]
&
O.P.(KAT) No. 218 of 2023
[arising out of the order dated 23.02.2023 in O.A.No.33/2021 on the file of the KAT,
Thiruvananthapuram Bench]
--------------------------------------------------------------------
Dated this the 10th day of August, 2023
ORDER
We have heard both sides on the issue of interim relief. We
note that, the impugned verdict of the Tribunal rendered on
23.02.2023 in O.A.(EKM)No.203/2021 (Produced as Ext.P1 in
O.P.(KAT)No.97/2023), has followed the dictum laid down by
two previous Division Bench judgments of this Court, viz,
Annexure-A5 judgment dated 24.11.2003 in W.A.No.2848/2000
and Annexure-A17 judgment dated 02.03.2018 in O.P.
(KAT)No.135/2015 (the abovesaid Annexures-A5 & A7 as marked
in O.P(KAT)No.97/2023). It also appears that, Annexure-A17
judgment has been rendered mainly by placing reliance on
Annexure-A5 judgment. Further, it is also clear, from the
pleadings and materials on record, that the correctness of
Annexure-A17 judgment dated 02.03.2018 rendered by this Court
in O.P(KAT)No.135/2015 was challenged before the Apex Court in
OP(KAT) No.218/2023 4/6
O.P.(KAT) Nos. 97 & 218 of 2023
..2..
SLP(Civil)No.12363/2018. Both sides apprised this Court that the
SLP is still pending. In view of the pendency of the SLP, we are of
the view that, the best option would be to await the verdict of the
Apex Court in the said proceedings. As otherwise, if we follow the
dictum in Annexures-A5 & A17 judgments of the Division Bench and
Annexure-A17 is reversed or modified by the Apex Court, in the
above said SLP/Civil appeal proceedings, then, it will lead to
unnecessary complications.
2. In the order dated 27.07.2018, rendered by the Apex
Court in the abovesaid SLP(Civil)No.12363/2018 (arising out of the
abovesaid O.P.(KAT)No.32/2015), wherein the Apex Court has
ordered that, leave is granted in the SLP proceedings and that any
promotion, to the next higher category post, will be subject to the
outcome of the civil appeal (see page 156 of the paperbook in
O.P(KAT)No. 218/2023).
3. So, we feel that, the wise and prudent course of action
would be to await the verdict of the Apex Court in the above SLP
proceedings. However, the State of affairs cannot be made static.
We are told that the seniority list has now been prepared by the
respondent authorities, in compliance with the direction issued by
OP(KAT) No.218/2023 5/6
O.P.(KAT) Nos. 97 & 218 of 2023
..3..
this Court, as per the aforesaid Ext.P1 final Order dated 23.02.2023
in O.A.(EKM)No.203/2021. In order to protect the rights and
interests of both sides, it is ordered that, the said seniority list is to be
treated only as a provisional seniority list in the category of Junior
Health Inspector - Gr.I and the same may be utilized for the purpose
of effecting temporary or provisional promotions to the next higher
category, as envisaged in Rule 31(a) (i) of KS&SSR Part II. Any,
further promotions made from the said provisional seniority list etc.,
will be subject to the outcome of these O.P.(KAT)s.
Hand over a copy of this order to both sides
Sd/-
ALEXANDER THOMAS,
JUDGE
Sd/-
C. JAYACHANDRAN,
JUDGE
TR2023
OP(KAT) No.218/2023 6/6
APPENDIX OF OP(KAT) 218/2023
Exhibit9 TRUE COPY OF FINAL ORDER DATED 23.02.2023 IN O.A.
33/2021 OF THE KERALA ADMINISTRATIVE TRIBUNAL.
