K. M. Shahul Hameed vs Director General Of Meteorology
2023 Latest Caselaw 2993 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
  MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
                      WP(C) NO. 8256 OF 2023
PETITIONER:

          K. M. SHAHUL HAMEED
          AGED 59 YEARS
          S/O MUHAMMED KUNJI RAVUTHAR,
          KONNAKERIL HOUSE, 12/506 B,
          KALATHARA, KANNAMALY P.O.,
          KOCHI - 682008.

          BY ADVS.
          R.LAIJU
          R.ANAS MUHAMMED SHAMNAD
          SARUN RAJAN
          DEVU S. PILLAI
          GLORIA ANNA AUGUSTINE


RESPONDENTS:

    1     DIRECTOR GENERAL OF METEOROLOGY
          INDIAN METEOROLOGY DEPARTMENT,
          MAUSAM BHAVAN, LODI ROAD,
          NEW DELHI - 110003.

    2     DEPUTY DIRECTOR GENERAL OF METEOROLOGY
          REGIONAL METEOROLOGICAL CENTRE,
          NO.6, COLLEGE ROAD,
          CHENNAI - 600006.

    3     DIRECTOR
          DWR STATION,
          INDIA METEOROLOGICAL DEPARTMENT,
          PALLURUTHY, KOCHI - 682006.

          BY ADV.S.MANU, DSGI


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.8256 of 2023

                                    2




                              JUDGMENT

Dated this the 13th day of March, 2023

The petitioner, an employee working under the

Meteorological Department as Meteorological Observer-III, is

before this Court seeking to quash Exts.P9 and P10 and to direct

the respondents to allow the petitioner to rejoin duty and

regularise his pay and allowances without any break in service.

2. Going through the pleadings, it is evident that the

petitioner is an employee of the Indian Meteorological Department,

coming under the Government of India. Therefore, this is a service

matter relating to the Government of India. The petitioner has an

efficacious alternative remedy under Section 19 of the

Administrative Tribunals Act, 1985. When the petitioner has an

alternative remedy, this Court will not be justified in entertaining

this writ petition.

W.P.(C) No.8256 of 2023

Accordingly, the writ petition is dismissed, granting liberty to

the petitioner to approach the competent Tribunal under the

Administrative Tribunals Act, 1985.

Sd/-

N. NAGARESH JUDGE ams W.P.(C) No.8256 of 2023

APPENDIX OF WP(C) 8256/2023 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE EXPLANATION DATED 25.10.2017 SUBMITTED BEFORE THE 1ST RESPONDENT BY THE PETITIONER Exhibit P2 TRUE COPY OF THE OFFICE MEMORANDUM BEARING NO.245/AE-11900(KERALA/18), DATED 12.03.2018 ISSUED BY THE 2ND RESPONDENT Exhibit P3 TRUE COPY OF THE EXPLANATION DATED 23.03.2018 SUBMITTED BEFORE THE 2ND RESPONDENT BY THE PETITIONER Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 30.07.2022 IN S.C. NO.914/2017 ON THE FILE OF THE HON'BLE ASSISTANT SESSIONS JUDGE, KOCHI Exhibit P5 TRUE COPY OF THE ORDER DATED 02/08/2022 IN CRL.

M.P. NO.2109/2022 IN CRL.A NO. 236/2022 ON THE FILE OF THE HON'BLE SESSIONS COURT, ERNAKULAM Exhibit P6 TRUE COPY OF THE CERTIFICATE DATED 03.12.2022 ISSUED BY THE SUPERINTENDENT OF SUB JAIL, MATTANCHERY Exhibit P7 TRUE COPY OF THE OFFICE MEMORANDUM DATED 23/08/2022 BEARING NO. /AE-11900(KERALA)/01/18 ISSUED BY THE 2ND RESPONDENT Exhibit P8 THE TRUE COPY OF THE REPLY DATED 07.09.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P9 TRUE COPY THE ORDER BEARING NO. 242/AE-

11900(KERALA)/01/18 DATED 22/02/2023 ISSUED BY THE 2ND RESPONDENT Exhibit P10 TRUE COPY OF THE ORDER BEARING NO. /AE-

11900(KERALA)/01/18 DATED 24/02/2023 ISSUED BY THE 2ND RESPONDENT