K.G.Manoj vs Controller Of Legal Metrology
2024 Latest Caselaw 12995 Ker

Kerala High Court

K.G.Manoj vs Controller Of Legal Metrology on 23 May, 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 S.MANU
    THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                      OP(KAT) NO. 215 OF 2024
        MA NO.681 OF 2024 OF KERALA ADMINISTRATIVE TRIBUNAL,
                         THIRUVANANTHAPURAM
        OA NO.813 OF 2023 OF KERALA ADMINISTRATIVE TRIBUNAL,
                        THIRUVANANTHAPURAM

PETITIONERS/ADDL.RESPONDENTS 3 TO 5 IN O.A.83/2023 :

    1       K.G.MANOJ
            AGED 48 YEARS
            S/O K.GOPINADHAN PILLAI,
            OFFICE ATTENDANT, LEGAL METROLOGY,
            KARUNAGAPALLY, KOLLAM,
            RESIDING AT SREEVINAYAKAM(H),
            EDAKULANGARA P.O., KARUNAGAPPALLY,
            KOLLAM DISTRICT, PIN - 690523
    2       SHIJU V.C
            AGED 49 YEARS
            S/O V.P.CHAKKAPPAN,
            INSPECTING ASSISTANT,
            OFFICE OF THE INSPECTOR CIRCLE-II,
            LEGAL METROLOGY, ERNAKULAM,
            RESIDING AT VATTOLY HOUSE,
            CHULLY P.O., CHEENAMCHIRA,
            ERNAKULAM DISTRICT, PIN - 683581
    3       MANOJKUMAR KOTTAPURAYIL
            AGED 49 YEARS
            S/O CHANDRAN MENOKIE,
            OFFICE ATTENDANT,
            OFFICE OF THE ASSISTANT CONTROLLER,
            LEGAL METROLOGY, CIVIL STATION,
            KOZHIKODE, RESIDING AT KOTTAPURAYIL,
            KUNNAMANGALAM, KOZHIKODE, PIN - 673570
            BY ADVS.
            S.P.ARAVINDAKSHAN PILLAY
            N.SANTHA
            V.VARGHESE
            PETER JOSE CHRISTO
            S.A.ANAND
            K.N.REMYA
 OP(KAT)No.215 of 2024
                                       2

                  L.ANNAPOORNA
                  VISHNU V.K.


RESPONDENTS/APPLICANT IN M.A.NO.681/2024 AND
RESPONDENTS 1 TO 4 IN O.A.:

        1         CONTROLLER OF LEGAL METROLOGY
                  LEGAL METROLOGY BHAVAN,
                  VRINDAVAN GARDENS, POTTAKUZHI, PATTOM,
                  THIRUVANANTHAPURAM, PIN - 695004
        2         V.C.MANILAL
                  S/O SHRI.V.K.CHATHU, AGED 44,
                  OFFICE ATTENDANT,
                  OFFICE OF THE INSPECTOR OF LEGAL METROLOGY,
                  MINI CIVIL STATION, KODUNGALLUR,
                  THRISSUR, VAZHAVALAPPIL, KOMBATHUKADAVU,
                  PUTHENCHIRA, THRISSUR, PIN - 680682
        3         ANILKUMAR V
                  S/O SHRI.K.C.VASUKUTTY, OFFICE ATTENDANT,
                  OFFICE OF THE INSPECTOR OF LEGAL METROLOGY, 4TH
                  FLOOR, REVENUE TOWER, ADOOR PATHANAMTHITTA,
                  ANILSADANAM, MAMKUTTATHIL, NALLANIKUNNU,
                  ELAVUMTHITTA, PATHANAMTHITTA, PIN - 689625
        4         ANILKUMAR C.V.,
                  S/O SHRI. C.C.VAVA, OFFICE ATTENDANT,
                  OFFICE OF THE ASSISTANT CONTROLLER OF LEGAL
                  METROLOGY, MINI CIVIL STATION,
                  THODUPUZHA, IDUKKI, CHIRAYIL HOUSE,
                  PULICKATHOTTI, VELLALLU, THODUPUZHA,
                  IDUKKI, PIN - 685582
        5         STATE OF KERALA
                  REPRESENTED BY,
                  PRINCIPAL SECRETARY TO GOVERNMENT,
                  CONSUMER AFFAIRS DEPARTMENT, GOVERNMENT
                  SECRETARIAT, THIRUVANANTHAPURAM,
                  PIN - 695001
                  BY SRI.A.J.VARGHESE, SR.GOVERNMENT PLEADER
         THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR     ADMISSION       ON   23.05.2024,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 OP(KAT)No.215 of 2024
                                           3




                                    JUDGMENT

A.Muhamed Mustaque, J.

The issue related to the promotion to the post of

Inspecting Assistant in the Legal Metrology Department was

considered by the Tribunal in O.A.No.1098 of 2019.

Interpreting Special Rules, the Tribunal found that the Office

Assistant therein is entitled for promotion. Thereafter,

following the above judgment, similar Office Assistants

approached the Tribunal and filed O.A.No.813 of 2023.

Certain Inspecting Assistants also filed O.A.No.377 of 2024

apprehending the reversion consequent upon the declaration

of law as to the entitlement of Office Assistant in the post of

Inspecting Assistant. The Tribunal appears to have initially

granted a stay in O.A.No.377 of 2024 as against reversion.

The Controller approached the Tribunal to effect the

promotion based on the qualification. The Tribunal passed an

order to effect promotion in the light of the order in

O.A.No.1098 of 2019. The petitioners' case before this Court

is that they are holding the post of Inspecting Assistant and

the Tribunal erred in interpreting Special Rules in

O.A.No.1098 of 2019 and any promotion effected by wrong

interpretation of Special Rules would upset the promotion

already affected and also give undue advantage to the

unqualified Office Assistant in the feeder category.

2. We may not be able to decide the legal issue in

this matter for the simple reason that the Tribunal had not

disposed O.A.No.377 of 2024. If the Tribunal had disposed

the matter perhaps we will be able to decide the question

involved in this matter as canvassed by the petitioners.

Faced with the situation, we are of the view that the

Tribunal can very well decide the matter in the light of the

judgment in O.A.No.1098 of 2019 and dispose the matter at

the earliest. It is appropriate that the Tribunal decide the

matter as early as to bring a quietus to the dispute either way.

Therefore, we request the Tribunal to consider disposal of

O.A.No.377 of 2024 and connected matters at the earliest in

the light of the decision already taken in the matter in

O.A.No.1098 of 2019 within a period of six weeks. Till then,

the petitioners shall not be reverted.

The original petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

Sd/-

S.MANU, JUDGE rkj

APPENDIX OF OP(KAT) 215/2024

PETITIONER ANNEXURES Annexure A1 TRUE COPY OF ORDER NO.B3-7055/08/ESTT.

DATED 18.12.2008 OF 2ND RESPONDENT IN O.A. Annexure A2 TRUE COPY OF ORDER NO.B3-2099/09/ESTT.

DATED 6.5.2009 OF 2ND RESPONDENT IN O.A. Annexure A3 TRUE COPY OF ORDER NO.B3-3572/13 DATED 17.06.2013 OF 2ND RESPONDENT IN O.A. Annexure A4 TRUE COPY OF ORDER NO.349/18/A DATED 05.12.2018 OF ASSISTANT CONTROLLER OF LEGAL METROLOGY, THRISSUR.

Annexure A5 TRUE COPY OF ORDER NO.A/136/2015 DATED 30.01.2015 OF ASSISTANT CONTROLLER OF LEGAL METROLOGY, PATHANAMTHITTA. Annexure A6 TRUE COPY OF FINAL SENIORITY LIST OF LAST GRADE SERVANTS AS ON 01.06.2017 IN THE LEGAL METROLOGY DEPARTMENT (RELEVANT PORTION) Annexure A7 TRUE COPY OF G.O.(P)NO.11/2018/CAD DATED 26.09.2018 (SPECIAL RULES) Annexure A8 TRUE COPY OF G.O.(RT) NO.652/2018/CAD DATED 27.12.2018.

Annexure A9 TRUE COPY OF ORDER NO.B3-922/19 DATED 24.6.2020 ISSUED BY 2ND RESPONDENT IN O.A. Annexure A10 TRUE COPY OF ORDER NO.LMD-HQ/832/2022-B2 DATED 2.7.2022 ISSUED BY 2ND RESPONDENT IN O.A. Annexure A11 TRUE COPY OF ORDER IN OA NO.1098/2019 DATED 15.3.2022 OF THIS HON'BLE TRIBUNAL. Annexure A12 TRUE COPY OF ORDER NO.LMD-HQ/915/2022-B2 DATED 1.7.2022 OF 2ND RESPONDENT IN O.A. Annexure A13 TRUE COPY OF THE REPRESENTATION DATED 25.7.2022 SUBMITTED BY 1ST APPLICANT TO 2ND RESPONDENT IN O.A. Annexure A14 TRUE COPY OF REPRESENTATION DATED 25.7.2022 SUBMITTED BY 2ND APPLICANT TO 2ND RESPONDENT IN O.A. Annexure A15 TRUE COPY OF REPRESENTATION DATED 23.7.2022 SUBMITTED BY 3RD APPLICANT TO 2ND RESPONDENT IN O.A.

Annexure A16 TRUE COPY OF ORDER IN OA NO.1576/2022 DATED 02.09.2022 OF THIS HON'BLE TRIBUNAL.

Annexure A17 TRUE COPY OF ORDER NO.LMD-HQ/310/2023-B7 DATED 31.3.2023 OF 2ND RESPONDENT IN O.A. Annexure A18 TRUE COPY OF ORDER NO.B3-6445/06 DATED 29.9.2011 ALONG WITH THE FINAL SENIORITY LIST OF INSPECTING ASSISTANTS IN THE LEAL METROLOGY DEPARTMENT.

Annexure A19 TRUE COPY OF ORDER NO.LMD-HQ/1263/2023-B7 DATED 6.1.2024 OF 2ND RESPONDENT IN O.A. Annexure A20 TRUE COPY OF LETTER NO.LMD-HQ/332/2022- B1(2) DATED 19.01.2024 OF 2ND RESPONDENT IN O.A TO 2ND APPLICANT.

Exhibit-P1 TRUE COPY OF THE ORDER DATED 15.03.2024 ON M.A.NO.553/2024 IN O.A.813 OF 2023 FILED BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM.

Exhibit-P2 TRUE COPY OF M.A.NO.553/2024 IN O.A.813/2023 OF THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL.

Exhibit-P3 TRUE COPY OF O.A.NO.813/2023 FILED BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM.

Exhibit-P3(a) TRUE COPY OF THE JOINT APPLICATION Exhibit P4 TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE SECOND RESPONDENT IN O.A.813/2023 OF THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL.

Exhibit P5 TRUE COPY OF THE M.A.NO.158/024 IN O.A.813/2023 TO ACCEPT DOCUMENTS AND FOR DIRECTION.

Exhibit P6 TRUE COPY OF REJOINDER TO THE REPLY STATEMENT FILED BY 2ND RESPONDENT IN O.A.NO.813/2023 OF THIS HON'BLE TRIBUNAL. Exhibit P7 TRUE COPY OF THE ADDITIONAL REPLY STATEMENT FILED ON BEHALF OF THE SECOND RESPONDENT IN O.A.813/2023 OF THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL. Exhibit P8 TRUE COPY OF THE INTERIM ORDER DATED 29.05.2023 IN O.A.813/2023 OF THIS HON'BLE TRIBUNAL.

Exhibit P9 TRUE COPY OF THE INTERIM ORDER DATED 24.01.2024 ON M.A.158/2024 IN O.A.813/2023 OF THIS HON'BLE TRIBUNAL. Exhibit P10 TRUE COPY OF THE INTERIM ORDER DATED 13.02.2024 IN O.A.813/2023 OF THIS HON'BLE TRIBUNAL.

Exhibit P11 TRUE COPY OF THE COMMON INTERIM ORDER DATED 11.03.2024 IN O.A.NOS.813/2023 AND 377 OF 2024 OF THIS HON'BLE TRIBUNAL. Exhibit P12 TRUE COPY OF THE M.A.NO.681/2024 IN O.A.NO.813/2023 OF THIS HON'BLE TRIBUNAL. Exhibit P13 TRUE COPY OF THE M.A.NO.670/2024 IN O.A.813/2023 OF THIS HON'BLE TRIBUNAL. Exhibit P14 TRUE COPY OF THE INTERIM ORDER DATED 09.04.2024 ON M.A.NO.681/2024 IN O.A.NO.813/2023 OF THIS HON'BLE TRIBUNAL.

RESPONDENTS' ANNEXURES Annexure R2(a) TRUE COY OF THE NOTIFICATION EL NO.1/DE III(2) 10762/13/E2 DATED 20.04.2017 OF THE KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM.

Annexure R2(b)      TRUE    COPY     OF     THE     CONSENT    OF
                    SRI.V.C.MANILAL,       OFFICE      ATTENDANT,
                    INSPECTOR      OF       LEGAL      METROLOGY,

KODUNGALLUR, THRISSUR DATED 25.10.2021. Annexure R2(c) TRUE COPY OF THE REPRESENTATION OF SRI.ANILKUMAR V., OFFICE ATTENDANT, INSPECTOR LEGAL METROLOGY OFFICE, ADOOR, PATHANAMTHITTA ON 27.10.2021.

Annexure R2(d) TRUE COPY OF THE CONSENT OF SRI.ANILKUMAR C.V., OFFICE ATTENDANT, ASSISTANT CONTROLLER OFFICE, LEGAL METROLOGY, THODUPUZHA, IDUKKI.

Annexure R2(e) TRUE COPY OF THE G.O.(P) NO.16/2015/P&ARD DATED 28.05.2015.

Annexure R2(f) TRUE COPY OF THE REPRESENTATION OF SRI.ANILKUMAR V., OFFICE ATTENDANT, INSPECTOR OFFICE, ADOOR, PATHANAMTHITTA ON 07.08.2023.

Annexure R2(g) TRUE COPY OF THE GO(P) NO.06/2022/P&ARD DATED 21.07.2022.