M.Sugadha Kumar vs Kerala Public Service Commission
2024 Latest Caselaw 4602 Ker

Kerala High Court

M.Sugadha Kumar vs Kerala Public Service Commission on 6 February, 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 MRS. JUSTICE SHOBA ANNAMMA EAPEN
     TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
                        OP(KAT) NO. 166 OF 2022
 AGAINST THE ORDER/JUDGMENT OA 2269/2017 OF KERALA ADMINISTRATIVE
                      TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/S:

             M.SUGADHA KUMAR
             AGED 47 YEARS
             S/O.LATE RADHAKRISHNAN NAIR, RESIDING AT 5/759-1,
             RITHA, RAMANATHAPURAM VILLAGE, NEAR SIVA TEMPLE,
             PALAKKAD HEAD POST, PALAKKAD DISTRICT - 678 001, OFFICE
             OF THE MUNICIPAL SECRETARY GRADE-III, OTTAPPALAM
             MUNICIPALITY, PALAKKAD, KERALA, PIN - 678001
             BY ADVS.
             ABDUL JAWAD K.
             A.GRANCY JOSE


RESPONDENT/S:

    1        KERALA PUBLIC SERVICE COMMISSION
             REPRESENTED BY ITS SECRETARY, PATTOM POST, PATTOM
             PALACE, THIRUVANANTHAPURAM, KERALA., PIN - 695004
    2        THE SECRETARY TO GOVERNMENT,
             LOCAL SELF GOVERNMENT, DEPARTMENT (URBAN AFFAIRS),
             GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA.,
             PIN - 695001
             BY ADV P.C SASIDHARAN


     THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P.(KAT) NO. 166 OF 2022
                                    2

                       JUDGMENT

Dated this the 6th day of February, 2024

A.MUHAMED MUSTAQUE(J)

This original petition arise from an order of the Kerala

Administrative Tribunal in O.A.No.2269 of 2017 dated 05.04.2022.

That original application was filed by a differently abled person

coming under the Rights of Persons with Disabilities Act, 2016. The

applicant was included in the rank list for the post of Municipal

Secretary, Grade III in the Urban Affairs Department as early as in

2012. But that time, the exercise was not carried out to identify the

post for the PWD candidates. Exercise was carried out only in the

year 2015, after filing of O.A.No.571 of 2015. Thereafter, the

applicant was advised by Annexure A9 advice memo of the Public

Service Commission dated 28.03.2017. Now the attempt of the

petitioner is to reckon his service with effect from 22.05.2012.

Admittedly, the exercise of identification was carried out in the year

2017, that may give a retroactive claim for persons of disabilities to

set apart vacancies from 1996 onwards, but that cannot still create

right to a person to come on service on an anterior date. O.P.(KAT) NO. 166 OF 2022

2. Rule 2 (1) of the Kerala State And Subordinate Services

Rules, 1958 states that, a person said to be appointed to a service

when he discharges duties for the first time. Thus a person cannot

claim to be in service on an anterior date to the date of 'appointment

to a service'.

We find no reason to interfere with the impugned order.

Accordingly, the original petition is dismissed.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SHOBA ANNAMMA EAPEN JUDGE

RK O.P.(KAT) NO. 166 OF 2022

APPENDIX OF OP(KAT) 166/2022

PETITIONER ANNEXURES Annexure-A1 TRUE COPY OF THE APPOINTMENT ORDER G.O. (RT)NO.1383/2017/LSGD DATED 02/05/2017 ISSUED BY THE 2ND RESPONDENT.

Annexure-A2 TRUE COPY OF THE POSTING ORDER G.O. (RT)NO.2151/2017/LSGD, DATED 28/6/2017 ISSUED BY THE 2ND RESPONDENT Annexure-A3 TRUE COPY OF THE RANKED LIST NO.214/12/SSVII, PUBLISHED BY THE 1ST RESPONDENT Annexure-A4 TRUE COPY OF THE ORIGINAL APPLICATION FILED BEFORE THIS HONOURABLE TRIBUNAL AS O.A.2140/2015 BY THE APPLICANT Annexure-A5 TRUE COPY OF THE ORDER DATED 9/9/2016 IN O.A.2140/2015 OF THE HON'BLE K.A.T., THIRUVANANTHAPURAM Annexure-A6 TRUE COPY OF THE ORDER DATED 30/9/2016 IN O.A.2140/2015 OF THE HON'BLE K.A.T., THIRUVANANTHAPURAM Annexure-A7 TRUE COPY OF THE ORDER DATED 16/12/2016 IN O.A.2140/2015 OF THE HON'BLE K.A.T., THIRUVANANTHAPURAM Annexure-A8 TRUE COPY OF CONTEMPT PETITION FILED BEFORE THIS HON'BLE TRIBUNAL AS C.P.NO.50/2017, BY THE APPLICANT Annexure-A9 TRUE COPY OF THE ADVISE MEMO DATED 28/3/2017, ISSUED BY THE 1ST RESPONDENT.

Annexure-A10 TRUE COPY OF THE APPOINTMENT CHART NO.RIA(2)13889/12/GW, PUBLISHED BY THE 1ST RESPONDENT Annexure-A11 TRUE COPY OF THE G.O.(P) NO.8/2017 S.J.D., THIRUVANANTHAPURAM DATED 06/05/2017, ISSUED BY THE SECRETARY TO GOVERNMENT, SOCIAL JUSTICE DEPARTMENT Exhibit-P1 TRUE COPY OF THE ORIGINAL APPLICATION FILED BEFORE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM IN O.P.(KAT) NO. 166 OF 2022

O.A.2269/2017 ALONG WITH ANNEXURES A1 TO A11 Exhibit-P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 1ST RESPONDENT IN O.A.2269/2017. Exhibit-P3 TRUE COPY OF THE REJOINDER FILED BY THE PETITIONER TO THE REPLY STATEMENT OF 1ST RESPONDENT.

Exhibit-P4 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 2ND RESPONDENT.

Exhibit-P5 TRUE COPY OF THE REJOINDER DATED 02/04/2022 FILED BY THE PETITIONER TO THE REPLY STATEMENT OF THE 2ND RESPONDENT.

Exhibit-P6 TRUE COPY OF THE ORDER DATED 05/04/2022, PASSED BY THE KERALA ADMINISTRATIVE TRIBUNAL, TVPM. (ADDL.