Kerala High Court
State Of Kerala vs Damodaran. A on 12 June, 2023
OP(KAT) No.206/2023 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
Monday, the 12th day of June 2023 / 22nd Jyaishta, 1945
OP(KAT) NO. 206 OF 2023
AGAINST THE ORDER DATED 05.07/2022 IN OA (EKM) 1839/2019 OF KERALA
ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH
PETITIONERS/RESPONDENTS IN O.A.(EKM):
1. STATE OF KERALA, HOME DEPARTMENT, GROUND FLOOR MAIN BLOCK,
SECRETARIAT, THIRUVANANTHAPURAM-695 001, REPRESENTED BY THE
ADDITIONAL CHIEF SECRETARY, KERALA.
2. THE STATE POLICE CHIEF, POLICE HEADQUARTERS, VAZHUTHACAUD, THYCAUD
P.O., THIRUVANANTHAPURAM ,KERALA., PIN - 695014
3. THE DISTRICT POLICE CHIEF, CITY POLICE OFFICE,KASARGOE, PIN - 671121
4. THE STATE OF KERALA, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM- 695 001, REPRESENTED BY THE ADDITIONAL CHIEF
SECRETARY, KERALA.
RESPONDENTS/APPLICANTS IN O.A (EKM):
1. DAMODARAN. A, S/O. LATE KARIAN, AGED 54 YEARS, HC DRIVER G 1690, HQ
COMPANY, D.H.Q. KASARAGOD, RESIDING AT ACHU NIVAS, PAIRADUKKAM,
BALLA P.O, KASARAGOD, KERALA., PIN - 671531
2. VIJAYAN. M, S/O. LATE K. KUNHAMBU, AGED 35 YEARS, H.C DRIVER G 1437
HG COMPANY DHQ, KASARAGOD, RESIDING AT VIJAY NIVAS, NEAR
PUTHIYANKAVU, KAROMELANNUR (PO), PAYYANNUR (VIA) KANNUR (D),
KERALA., PIN - 670307
3. VIJAYAN N.V, S/O. LATE AMBU, AGED 55 YEARS, H.C. DRIVER G 1710 HER
COMPANY DHQ KASARAGOD, RESIDING AT NADUVIL VITTILE (P.O), ERAMAM,
VIA PAYYANNUR, KANNUR DISTRICT, KERALA. , PIN - 670307
4. JANARDHANAN I, S/O. LATE KANNAN P.V,AGED 56 YEARS H.C DRIVER 1453
HQ COMPANY, DHQ KASARAGOD, RESIDING AT KUPPOL PERIYOM, PAYYANNUR
(VIA), KANNUR DISTRICT, KERALA., PIN - 670353
5. BALAKRISHNAN NAMBIAR V.V, S/O. LATE NARAYANAN NAMBIAR,AGED 52 YEARS,
HC DRIVER 2244 HQ COMPANY, DHQ KASARAGOD, RESIDING AT VELICHAMTHAT
(H), NEAR KANKOL SOUTH VAYANANSALA KANKOL (PO), PAYYANNUR (VIA),
KANNUR DISTRICT, KERALA., PIN - 670307
6. KRISHNAN T, S/O. LATE T. KANNAN,AGED 52 YEARS, HC DRIVER G, 2059
VIGILANCE & ANTI-CORRUPTIO BUREAU, KASARAGOD UNIT 671123, RESIDING
AT GADHE MOOLA (H) KUNDAM KUZHY (P.O) CHENGALA (VIA), KASARAGOD
DISTRICT, KERALA, PIN - 671541
7. MAJEED V.A, S/O. ABDULLA, AGED 52 YEARS, HC DRIVER G 1904, VIGILANCE
& ANTI CORRUPTION BUREAU, KASARAGOD UNIT, PIN 671123, RESIDING AT
VELLAKKALLUNKAL (H) BALAWADY ROAD, CHERUPUZHA, P.O., KANNUR
DISTRICT, KERALA., PIN - 670511
8. KRISHNAN M, S/O. LATE APPU E.V, AGED 55 YEARS, HC DRIVER G 1468
VIGILANCE & ANTI CORRUPTION BUREAU, KANNUR UNIT 670001, RESIDING AT
OP(KAT) No.206/2023 2/5
MANNYATH (H), PATTUVAMPADIYOTCHAL (PO), PAYYANNUR (VIA), KANNUR
DISTRICT, KERALA, PIN - 670307
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 of Exhibit P3 Order of the
Kerala Administrative Tribunal pending disposal of the Original Petition
(KAT).
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of OP(KAT) and upon hearing the arguments
of GOVERNMENT PLEADER for the petitioners and of SMT.NISHA GEORGE,
Advocate for the Respondent No.1, the court passed the following:
OP(KAT) No.206/2023 3/5
ALEXANDER THOMAS & C.JAYACHANDRAN, JJ.
=========================
O.P.(K.A.T.) No. 206 of 2023
(Arising out of impugned order dated 05.07.2022 in
O.A. No.1839 of 2019, on the file of the KAT, Tvm Bench)
=========================
Dated this the 12th day of June, 2023
ORDER
Alexander Thomas, J.
Admit OP(KAT).
2. Issue notice to all the respondents by speed post, returnable
within two weeks. Sri. B.Unnikrishna Kaimal, learned Senior
Government Pleader submitted that this Court had already admitted
a series of similar cases and granted interim stay. Order dated
23.05.2023 rendered by this Court in OP(KAT)No.196/2023 reads as
follows:-
"Admit OP(KAT).
2. Issue notices to respondents 1 to 45 by speed post
returnable within two weeks. It is urged by Sri.B.Unnikrishna
Kaimal, learned Senior Government Pleader that in respect
of the very same issue that the impugned verdict has been
rendered by the Tribunal by relying on the judgment of the
learned Single Judge of this Court in WP(C) No.4858/2017,
which was also followed by the verdict of the Tribunal in OA
No. 2444/2018 and OA No.137/2016. It is submitted by the
learned Senior Government Pleader that the abovesaid
verdicts in the abovesaid WP(C) and the OAs are being
challenged in Writ Appeal and OP(KAT)s respectively and
that this Court has stayed the operation of the abovesaid
impugned verdicts of the learned Single Judge as well as the
Tribunal. In view of this submission, it is ordered that the
operation enforcement of the impugned Ext.P3 final order
dated 05.07.2022 rendered by the Kerala Administrative
Tribunal, Ernakulam Bench in OA (EKM) No.1846/2019 will
remain stayed and shall be kept in abeyance."
OP(KAT) No.206/2023 4/5
O.P.(K.A.T.) No. 206 of 2023
3. Accordingly, it is ordered in the interest of justice that the
operation and enforcement of the impugned final order dated 05.07.2022
rendered by the Kerala Administrative Tribunal, Thiruvananthapuram
Bench, in OA(EKM) No.1839/2019, will remain stayed and shall be kept in
abeyance.
List this case along with WA No.1427/2021, OP(KAT) 263/2021,
OP(KAT) No.42/2022 and OP(KAT) Nos.196, 222, 230, 234 & 235 of 2023
on 25.07.2023.
Sd/-
ALEXANDER THOMAS
JUDGE
Sd/-
C.JAYACHANDRAN
JUDGE
uu/12.06.2023
OP(KAT) No.206/2023 5/5
APPENDIX OF OP(KAT) 206/2023
Exhibit P3 TRUE COPY OF THE IMPUGNED COMMON ORDER PASSED BY THE
TRIBUNAL ON 05.07.2022 IN OA(EKM) 1839/2019.
