The Administrator vs L. Shahnas Begum
2024 Latest Caselaw 16506 Ker

Kerala High Court

The Administrator vs L. Shahnas Begum on 11 June, 2024

Author: Amit Rawal

Bench: Amit Rawal

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
                                  &
                THE HONOURABLE MR. JUSTICE EASWARAN S.
     TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946
                       OP (CAT) NO. 105 OF 2018
AGAINST THE ORDER/JUDGMENT DATED IN OA NO.391 OF 2017 OF CENTRAL
ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER:

          THE ADMINISTRATOR
          UNION TERRITORY OF LAKSHADWEEP, KAVARATTI 682 555

          BY ADV SHRI.SAJITH KUMAR V., SC,
          LAKSHADWEEP ADMINISTRATION


RESPONDENTS:

    1     L. SHAHNAS BEGUM
          AGED 30 YEARS, D/O. LATE UMMARTHAKADA KUNJIKOYA,
          RESIDING AT 'LAVANAKKAL", ANDHROTH ISLAND,
          UT OF LAKSHADWEEP 680 552.

    2     P.N RAIDHAD BEEVI
          AGED 45 YEARS, W/O. LATE MOOSAMPATHADA
          POOKUNJI,RESIDING AT "PUTHIYA NALAKAM",
          ANDHROTH ISLAND,UT OF LAKSHADWEEP 680 552

    3     L. SHAJINA BEGUM
          AGED 31 YEARS, D/O. LATE THAILATH NALLAKOYA,
          RESIDING AT 'LAVANAKKAL", ANDHROTH ISLAND,
          UT OF LAKSHADWEEP 680 552.

    4     P.K SHAHUL HAMEED
          AGED 37 YEARS, S/O. LATE PATHADA KIDAVU,RESIDING
          AT"POODAMKAKKADA", ANDHROTH ISLAND,
          UT OF LAKSHADWEEP 680 552.

    5     N.P MOHAMMED LIYAVUDHEEN
          AGED 35 YEARS, S/O. LATE BAINATTU SAYED MOHAMMED
          KOYA,RESIDING AT NEELATHUPURA, ANDHROTH,
          UNION TERRITORY OF LAKSHADWEEP 680 552.
 OP (CAT) NO. 105 OF 2018              -2-



    6          UNION OF INDIA
               REPRESENTED BY THE SECRETARY,MINISTRY OF HOME
               AFFAIRS,NEW DELHI 110 011.

               BY ADVS.
               SRI.SHAFIK M.A.
               ASSISTANT SOLICITOR GENERAL
               SRI.T.V.VINU, CGC


        THIS     OP     (CAT)    HAVING      BEEN   FINALLY   HEARD    ON
11.06.2024,       THE    COURT   ON    THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 OP (CAT) NO. 105 OF 2018           -3-



                                 JUDGMENT

AMIT RAWAL, J.

1. Learned Central Administrative Tribunal in

respect of a claim for compassionate appointment

directed the petitioner herein to consider the case of the

applicants. Operative part of the order reads as under:

"The facts being so, I have no hesitation in coming to the conclusion that applicants have merit on their side. OA succeeds. Respondents are directed to consider the claim of the applicants for appointment under the scheme of compassionate appointment under the category of those who are entitled to the benefit as available to Group D employees on regular basis. Respondents will issue considered orders in the cases of the applicants within two months of receipt of a copy of this order. There is no order as to costs."

2. The said directions have been challenged and

are under stay. Whatever contentions have been taken

could have been taken in the order purported to have

been passed in compliance with the judgment in the OA.

3. When we were about to dismiss the petition

with cost, learned counsel for the petitioner seeks liberty

of this Court for withdrawal of the writ petition. Ordered

accordingly.

4. Department shall take a call on the directions

of the Court within a period of two months in accordance

with law, after affording an opportunity of hearing to the

applicants, failing which the officer responsible shall be

imposed a cost of Rs.25,000/- (Rupees Twenty five

thousand only) to be recovered from his salary.

Sd/-

AMIT RAWAL JUDGE

Sd/-

EASWARAN S. JUDGE vv

APPENDIX OF OP (CAT) 105/2018

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE OA ALONG WITH ANNEXURES

Annexure A1 TRUE COPY OF THE SENIORITY LIST OF THE AGRICULTURAL LABOURERS ISSUED BY THE DEPARTMENT AS PER LETTER F.NO.3/82- 83/ADA DATED 01.06.1982.

Annexure A2 TRUE COPY OF LETTER F.NO.1/9/2013 VDP (AND)/1534 DATED 12.12.2013 ISSUED BY THE CHAIRPERSON, VILLAGE (DWEEP) PANCHAYAT.

Annexure A3 TRUE COPY OF LETTER F.NO.4/11/2012- DP(AGRL) DATED 15.07.2014 BY THE DISTRICT AGRICULTURAL OFFICER.

Annexure A4 TRUE COPY OF ORDER DATED 14.08.2012 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH IN OA NO.999/2011.

Annexure A5 TRUE COPY OF THE JUDGMENT DATED 27.01.2014 OF THE HON'BLE HIGH COURT IN OP(CAT)NO.1/2014.

Annexure A6 TRUE COPY OF THE REPRESENTATION DATED 17.10.2016 SUBMITTED BEFORE THE 2ND RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE COUNSEL STATEMENT FILED ON BEHALF OF THE LAKSHADWEEP ADMINISTRATION

EXHIBIT P3 TRUE COPY OF THE REPLY STATEMENT FILED BY THE LAKSHADWEEP ADMINISTRATION

EXHIBIT P4 TRUE COPY OF THE REJOINDER FILED BY

THE APPLICANTS

EXHIBIT P5 TRUE COPY OF THE ORDER OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH DATED 31-11-2018 IN OA NO. 391/2017.

RESPONDENT ANNEXURES

Annexure R1(A) PHOTOSTAT COPY OF THE ORDER F.NO.A-

                  12012/2/2018-ESTT-UT-LKS    (PT-I)(2)
                  DATED      02.01.2019    OF       THE
                  ADMINISTRATION.