Kerala High Court
Rajith Kumar vs The Secretary, Consumer Affairs ... 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. 177 OF 2024
AGAINST THE ORDER DATED 04.04.2024 IN OA (EKM) NO.174 OF
2024 OF KERALA ADMINISTRATIVE TRIBUNAL AT
THIRUVANANTHAPURAM (ADDITIONAL BENCH, ERNAKULAM)
PETITIONERS/APPLICANTS IN OA:
1 RAJITH KUMAR, AGED 48 YEARS, S/O CHANDU, GURU
KRIPA, VADAKKEARAKOYIL, VENGERI, AMBILI
BUILDING, KOTTOOLI P.O., KUTHIRAVATTOM,
KOZHIKODE,NOW RESIDING AT GURU KRIPA, VADAKKE
ARAPOYIL, P.O VENGERI, KANNADIKKAL VIA,
KOZHIKODE, PIN - 673 010
2 SUNEESH .P, AGED 47 YEARS, YEARS, S/O
SREEDHARAN, PERAYIKODE HOUSE, PERUMANNA P.O.,
KOZHIKODE, PIN - 673 019
BY ADVS.
NIRMAL.S
VEENA HARI
RIA ELIZABETH JOSEPH
K. REMIYA RAMACHANDRAN
KEERTHY JOHNSON
POOJA JOSE
ABDUL SAHAD M.H.
BRIJESH N.B.
RESPONDENTS/RESPONDENTS IN OA:
1 THE SECRETARY, CONSUMER AFFAIRS DEPARTMENT
(LEGAL METROLOGY), GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM, PIN - 695 001
2 CONTROLLER, LEGAL METROLOGY DEPARTMENT
VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695 001
O.P.(KAT)No.177 of 2024
..2..
3 DEPUTY CONTROLLER, LEGAL METROLOGY DEPARTMENT
CIVIL STATION, KOZHIKODE, PIN - 673 020
4 JOINT CONTROLLER, LEGAL METROLOGY DEPARTMENT
CIVIL STATION, KOZHIKODE, PIN - 673 020
SRI. A.J. VARGHESE SR GP
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.177 of 2024
..3..
JUDGMENT
A. Muhamed Mustaque, J.
The learned counsel for the petitioners submits that the
petitioners are continuing as a Heavy Machine Operator
-cum-Driver for more than 13 years. Now an attempt is made
to create a break-in service by issuing an order to re-
appointment. The challenge is still pending before the
tribunal. The tribunal refused to grant any stay in issuing
fresh order for re-appointment with break.
2. We are of the view that such order for break-in
service will be subject to the final decision of the tribunal in
the matter. We may not be justified at this stage in invoking
our power under Article 227 of the Constitution of India to
interfere with the order passed by the tribunal.
With the above observations, the original petition stands
disposed of.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
M.A.ABDUL HAKHIM
JUDGE
PR
..4..
APPENDIX OF OP(KAT) 177/2024
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE G.O.(RT) NO.121/2008
CONSUMER DEPARTMENT DATED 23.12.2008
Annexure A2 TRUE COPY OF THE ORDER NO.A1-66/2011
DATED 04.01.2011
Annexure A3 TRUE COPY OF THE ORDER NO.A1-66/2011
DATED 01.02.2011
Annexure A4 TRUE COPY OF THE ORDER DATED
10.12.2018 IN O.A(EKM).2286.2018
Annexure A5 TRUE COPY OF THE LETTER DATED
09.10.2018 ISSUED BY THE 3RD
RESPONDENT
Annexure A6 TRUE COPY OF THE G.O(RT)
NO.114/2019/CAD DATED 25.03.2019
Annexure A7 TRUE COPY OF THE LETTER DATED
03.12.2019 ISSUED BY THE 2ND
RESPONDENT
Annexure A8 TRUE COPY OF THE LETTER NO.A2-259/2021
DATED 29/01/2021 ISSUED BY THE 4TH
RESPONDENT ADDRESSED TO THE 2ND
RESPONDENT
Annexure A9 TRUE COPY OF THE CIRCULAR NO.93/22/FIC
DATED 14-11-2022 ISSUED BY THE JOINT
SECRETARY FINANCE(ITSF) DEPARTMENT
Annexure A10 TRUE COPY OF THE REPRESENTATION DATED
27.06.2023 PREFERRED BY THE APPLICANTS
Annexure A11 TRUE COPY OF THE ORDER DATED
Annexure A12 TRUE COPY OF THE ORDER NO.
CA4/16/2021/CAD DATED 16.10.2023
..5..
ISSUED BY THE 1ST RESPONDENT TO THE
2ND RESPONDENT
Annexure A13 TRUE COPY OF THE ORDER NO.LMD-
HQ/3034/2021-B3 DATED 21.11.2023
Annexure A14 TRUE COPY OF THE G.O.
(RT).NO.64/2023/CAD DATED 14.10.2023
ISSUED BY THE 1ST RESPONDENT
Exhibit P1 . TRUE COPY OF THE INTERIM ORDER DATED
04-04-2024 IN O.A (EKM).174/2024
Exhibit P2 TRUE COPY OF THE O.A (EKM).174/2024
