Ashif E. A vs State Of Kerala
2023 Latest Caselaw 12546 Ker

Kerala High Court

Ashif E. A vs State Of Kerala on 22 November, 2023

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENTUWE
            THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                  &
           THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
  WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023 / 1ST AGRAHAYANA, 1945
                       OP(KAT) NO. 534 OF 2023
        AGAINST THE ORDER/JUDGMENT OA (EKM) 279/2023 OF KERALA
             ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/S/APPLICANT IN O.A.:

            ASHIF E. A
            AGED 29 YEARS
            S/O ALI. E. M, EDAKKOTTATHIL HOUSE, PULLUT PO, THRISSUR
            DISTRICT NOW WORKING AS ANIMAL KEEPER IN THRISSUR
            ZOO ,CHEMBUKKAVU, THRISSUR DISTRICT, PIN - 680663
            BY ADVS.
            V.M.KRISHNAKUMAR
            P.R.REENA


RESPONDENT/S/RESPONDENTS IN O.A.:

    1       STATE OF KERALA
            REPRESENTED BY SECRETARY DEPARTMENT OF MUSEUMS AND
            ZOOS, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
    2       EMPLOYMENT DIRECTOR,
            DIRECTORATE OF EMPLOYMENT, VIKAS BHAVAN,
            THIRUVANANTHAPURAM DISTRICT, PIN - 695033
    3       EMPLOYMENT OFFICER
            EMPLOYMENT EXCHANGE, KODUNGALLUR, THRISSUR DISTRICT,
            PIN - 680669
    4       DISTRICT EMPLOYMENT OFFICER
            DISTRICT EMPLOYMENT OFFICE, CHEMBUKKAVU, THRISSUR
            DISTRICT., PIN - 680020
    5       THE DIRECTOR
            DEPARTMENT OF MUSEUMS AND ZOOS, MUSEUM AND ZOO CAMPUS,
            PALAYAM, THIRUVANANTHAPURAM DISTRICT, PIN - 695033
            GOVERNMENT PLEADER, ADV. SAIGI JACOB PALATTY

     THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY
HEARD ON 22.11.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(KAT) NO. 534 OF 2023
                                  2

                    JUDGMENT

Dated this the 22nd day of November, 2023

A.MUHAMED MUSTAQUE(J)

The question in O.A. No. 279/2023 is with regard to

the experience required for the post of Animal Keeper. The

petitioner herein is the applicant in the original

application, claimed in the light of Annexure A5 and A6

judgments that, his experience will have to be counted.

However, rebutting his argument, the learned Government

Pleader refers to the circular issued by the Employment

Director. The matter has not been decided finally by the

Tribunal.

2. By interim order dated 31.10.2023, the Tribunal

ordered that selection to the post of Animal Keeper will

be subject to the result of the original application. The

petitioner apprehends that, the appointment itself will

create a vested right to the prospective candidates and

the petitioner, will be without any remedy. OP(KAT) NO. 534 OF 2023

Having considered the submissions as above, we are of

the view that the impugned order has to be modified by

directing the official respondents to intimate

any selected candidates about pendency of O.A.No.279/2023

and challenge thereon. They shall be specifically

intimated that their appointment will be subject to the

result of the above original application.

The Original Petition stands disposed of.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SHOBA ANNAMMA EAPEN JUDGE

RK OP(KAT) NO. 534 OF 2023

APPENDIX OF OP(KAT) 534/2023

PETITIONER ANNEXURES Annexure A1 TRUE COPY OF SRO NO. 412/2016 DATED 04.06.2016 ISSUED BY GOVERNMENT OF KERALA PERSONNEL AND ADMINISTRATIVE REFORMS RULES) DEPARTMENT Annexure A2 TRUE COPY OF CERTIFICATE ISSUED BY THE DIRECTOR OF MUSEUMS AND ZOO NO.MZ(A)- 6080/2015 DATED 30.8.2022 Annexure A3 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT TO THE APPLICANT DATED 14.11.2022 Annexure A4 TRUE COPY OF THE REPRESENTATION FILED BY THE APPLICANT BEFORE THE 1ST RESPONDENT DATED 28.01.2023 Annexure A5 TRUE COPY OF THE JUDGMENT OF HON'BLE HIGH COURT IN SULOCHANA A C VS. KERALA PUBLIC SERVICE COMMISSION [2014 KHC 261] Annexure A6 TRUE COPY OF THE JUDGMENT OF HON'BLE HIGH COURT IN ALI MOHAMMED VS. KERALA STATE ROAD TRANSPORT CORPORATION [2014 KHC 3693] Annexure A3(a) TRUE COPY OF CIRCULAR DATED 1.11.2018 OF THE EMPLOYMENT DIRECTOR Annexure A3(b) TRUE COPY OF CIRCULAR DATED 28.9.2021 OF THE EMPLOYMENT DIRECTOR Annexure A3(c) TRUE COPY OF CIRCULAR DATED 1.11.2021 OF THE EMPLOYMENT DIRECTOR WITH TYPED COPY Exhibit P1 TRUE COPY OF THE ORDER OF THE HON'BLE ADMINISTRATIVE TRIBUNAL DATED 31.10.2023 IN OA(EKM). 279 OF 2023 Exhibit P2 TRUE COPY OF O.A.(EKM) NO. 279/2023 OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM (ERNAKULAM BENCH) Exhibit P3 TRUE COPY OF MISCELLANEOUS APPLICATION FILED BY THE PETITIONER IN OA(EKM)

Exhibit P4 TRUE COPY OF REPLY STATEMENT FILED BY OP(KAT) NO. 534 OF 2023

THE 3RD RESPONDENT IN OA(EKM)279/2023