Kerala High Court
State Of Kerala vs Deepu.T on 12 April, 2024
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
OP(KAT) NO. 164 OF 2024
AGAINST THE ORDER DATED 21.02.2024 IN OA NO.1715 OF 2023
OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/RESPONDENTS IN OA:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
GOVERNMENT, HEALTH AND FAMILY WELFARE
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, KERALA, PIN - 695 001
2 THE DIRECTOR OF MEDICAL EDUCATION, MEDICAL
COLLEGE P.O, THIRUVANANTHAPURAM, KERALA, PIN -
695 001
3 THE DIRECTOR OF HEALTH SERVICE, STATE OF KERALA,
THIRUVANANTHAPURAM, PIN - 695 035
BY ADV GOVERNMENT PLEADER
SMT. B. VINITHA SR GP
RESPONDENT/APPLICANT IN OA:
DEEPU.T, AGED 41 YEARS, S/O THANKAPPAN.N,
WORKING AS POWER LAUNDRY ATTENDER, PRESENTLY
WORKING AT GOVERNMENT MEDICAL COLLEGE HOSPITAL,
THIRUVANANTHAPURAM, RESIDING AT DIVYA BHAVAN,
VANDAIL KONATHU VEEDU, NEDUMANGAD, KARIPPOOR,
THIRUVANANTHAPURAM, KERALA, PIN - 695 547
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME
UP FOR ADMISSION ON 12.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
O.P(KAT)No.164 of 2024
..2..
JUDGMENT
A. Muhamed Mustaque, J.
This is an unnecessary original petition filed by the
Government as a result of the fact that the Government could
not bring to the notice of the Kerala Administrative Tribunal
as to the non existence of such a post of Assistant Foreman
(Power Laundry) in Medical College Hospital. It is stated
before this Court that there is no shifting of the post of
Assistant Foreman (Power Laundry) from the Director Medical
Education to Director of Health Service. This is a factual
aspect. However, the tribunal, apparently on an assumption
that there exists such a post, directed to promote the
respondent, who was the applicant before the tribunal. If this
has been highlighted, necessarily, the tribunal could have
taken a proper decision in this matter.
2. We are of the view that in such a situation, the
impugned order may be kept on hold for a period of two
months. The petitioners are given liberty to move the tribunal
..3..
to vary that order, in the light of the facts as above.
This original petition stands disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
M.A.ABDUL HAKHIM
JUDGE
PR
..4..
APPENDIX OF OP(KAT) 164/2024
PETITIONER ANNEXURES
AnnexureA1 TRUE COPY OF THE ORDER NO.E3-
3806/2021/DME DATED 12.04.2023 OF THE
2ND PETITIONER
AnnexureA2 TRUE COPY OF THE ORDER NO.E3-
3806/2021/DME DATED 18.05.2023 OF THE
2ND PETITIONER
AnnexureA3 TRUE COPY OF THE ORDER
NO.P1/12269/2005/GMCHT DATED
22.05.2023 OF THE SUPERINTENDENT, GMCT
AnnexureA4 TRUE COPY OF THE REPRESENTATION DATED
01.06.2023 SUBMITTED BY THE RESPONDENT
BEFORE THE SUPERINTENDENT, GMCT
AnnexureA5 TRUE COPY OF THE LETTER
NO.E1/24/2023/GMCHT DATED 19.06.2023
OF THE SUPERINTENDENT, GMC TO THE 2ND
PETITIONER
ExhibitP1 TRUE COPY OF THE O.A 1715/2023
ExhibitP2 TRUE COPY OF THE INTERIM ORDER OF THE
TRIBUNAL DATED 07.12.2023
ExhibitP3 TRUE COPY OF THE INTERIM ORDER OF THE
TRIBUNAL DATED 23.01.2024
ExhibitP4 TRUE COPY OF THE INTERIM ORDER PASSED
BY THE TRIBUNAL DATED 21.02.2024
ExhibitP5 TRUE COPY OF THE GO (P)
NO.548/2008/H&FWD DATED 25.10.2008
ExhibitP6 TRUE COPY OF THE GO (P)
..5..
NO.167/2009/H&FWD DATED 17.06.2009
ExhibitP7 TRUE COPY OF THE GO (P)
NO.1208/2001/FIN. DATED 22.10.2001
