Kerala High Court
Rasheed P.M, S/O. P.K.Muhammed vs Rajani S on 27 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
MONDAY, THE 27TH DAY OF MAY 2024 / 6TH JYAISHTA, 1946
OP(KAT) NO. 167 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 15.02.2024 IN OA NO.284 OF
2024 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/S:
1 RASHEED P.M, S/O. P.K.MUHAMMED,
AGED 42 YEARS
ASSISTANT EXECUTIVE ENGINEER (LID & W),LSGD SUB-
DIVISION, PONNANI BLOCK PANCHAYATH, EDAPPAL,
HOSPITAL ROAD, MALAPPURAM, KERALA -, PIN - 679576
2 PRIYANKA V.S.,
AGED 51 YEARS
W/O. SHAJU U, ASSISTANT EXECUTIVE ENGINEER (LID &
EW), LSGD SUB-DIVISION, THIRURANGADI BLOCK P
ANCHAYATH, THIRURANGADI, MALAPPURAM, KERALA, PIN
- 676306
3 DIVYA MOHAN,
AGED 43 YEARS
D/O.T.RAM MOHAN ASSISTANT EXECUTIVE ENGINEER (LID
& EW),LSGD SUB-DIVISION, KUTTIPURAM BLOCK
PANCHAYATH, KUTTIPURAM, MALAPPURAM, KERALA, PIN -
687549
4 ABHILASH B,
AGED 43 YEARS
S/O.BALAKRISHNAN NAIR. MASSISTANT EXECUTIVE
ENGINEER (LID & EW), LSGD SUB-DIVISION, KOZHIKODE
BLOCK PANCHAYATH,MATHARA, KOZHIKODE, KERALA, PIN
- 673014
BY ADV E.S.ASHRAF
O.P.(KAT)No.167 of 2024
2
RESPONDENTS:
1 RAJANI S,
AGED 55 YEARS
W/O. SHAJI S., ASSISTANT ENGINEER (LID & EW),
LSGD SUB-DIVISION, ELANTHOOR BLOCK PANCHAYATH,
PATHANAMTHITTA - 689643, AND RESIDING AT SHAJI
BHAVAN, ATTUPURAM, KADAKKAL P.O., KOLLAM, KERALA,
PIN - 691535
2 NAIJU T.V.,
AGED 43 YEARS
S/O. T.K. VELAYUDHAN, ASSISTANT ENGINEER (LID &
EW), LSGD SUB-DIVISION, MELUR GRAMA PANCHAYATH,
CHALAKUDY BLOCK PANCHAYATH, THRISSUR AND RESIDING
AT THYKKUTTATHIL HOUSE, KONOOR, NALUKETTU P.O.,
KORATTY, THRISSUR, KERALA, PIN - 680311
3 SHANOOP M.G,
AGED 39 YEARS, S/O. VINODHINI, ASSISTANT ENGINEER
(LID & EW), LSGD SUB-DIVISION, TIRURANGADI,
MALAPPURAM - AND RESIDING AT MANDALAMKUNNATHU
HOUSE, KEEZHOOR P.O., KUNNAMKULAM, THRISSUR,
KERALA -, PIN - 680523
4 STATE OF KERALA,
REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO
GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
5 PRINCIPAL DIRECTOR,
LOCAL SELF GOVERNMENT DEPARTMENT, SWARAJ BHAVAN,
NANTHENCODE, KAWADIAR P.O., THIRUVANANTHAPURAM -,
PIN - 695003
6 SURABHI C.S,
ASSISTANT EXECUTIVE ENGINEER, LSGD, KOZHIKODE
MUNICIPAL CORPORATION MODERN BAZAR, NALLALAM,
KOZHIKODE, KERALA, PIN - 673027
7 SMITHA K,
ASSISTANT EXECUTIVE ENGINEER, PALAKKAD MUNICIPAL
OFFICE, SANTHI NAGAR, KUNNATHURMEDU, PALAKKAD,
KERALA, PIN - 678001
8 RAJESH B.K,
ASSISTANT EXECUTIVE ENGINEER (LID & EW), LSGD
O.P.(KAT)No.167 of 2024
3
SUB-DIVISION, KARADUKKA BLOCK PANCHAYATH,
KARADUKKA,MUTTERIA NATTAKAL, ARIAPADAV ROAD,
KASARAGOD, KERALA, PIN - 671543
BY ADVS.
Dinoop PD
M.R.SUDHEENDRAN(K/588/1994)
C.V.BIMAL ROY(B-319)
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR ADMISSION ON 27.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
O.P.(KAT)No.167 of 2024
4
A.MUHAMED MUSTAQUE & S.MANU, JJ.
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O.P.(KAT)No.167 of 2024
------------------------------------------------------------------
Dated this the 27th day of May, 2024
JUDGMENT
A.MUHAMED MUSTAQUE, J.
The petitioners have approached this Court challenging an
interim order of the Tribunal as they apprehend that consequent
upon the implementation of the interim order they would be
reverted from the post of Assistant Executive Engineer to
Assistant Engineer. The Original Application is pending before
the Tribunal. The Tribunal passed an order in the Original
Application on 15.2.2024 ordering temporary promotion of the
applicants therein. The petitioners herein are some of the
respondents in the Original Application. They apprehend that
they would be reverted consequent upon the implementation of
the interim order.
2. It is submitted before this Court on the last occasion
that the first respondent is due to retire on 31 st of May, 2024 and
therefore she may be accommodated in any of the vacancy of
Assistant Executive Engineer now available in the Local Self
Government Department. This Court, based on the submission,
ordered that the first respondent shall be promoted in any of the
existing vacancy. It is submitted now at the Bar that the first
respondent has been accommodated in the post of Assistant
Executive Engineer in Kottayam Municipality.
3. It is further submitted at the Bar that regular
promotion is being effected and DPC is also to be convened
shortly. If the process for regular promotions is initiated, it shall
be concluded within a period of two months. In the meanwhile
we order that the petitioners herein shall not be reverted
pending the Original Application. However, nothing prevents the
Tribunal from considering the matter for final disposal after
hearing both sides.
4. We dispose of this original petition with the following
directions:-
1. The petitioners in this original petition
shall not be reverted and this will be
subject to the final orders to be passed in
the O.A. by the Tribunal.
2. The official respondents shall ensure that
regular promotions are effected within two
months.
We make it clear that the directions and arrangements by
this Court will not prevent the Tribunal in disposing the matter
finally. The continuation of the petitioners in the above posts
will be subject to the regular promotions to be effected within
the time as ordered above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
S.MANU, JUDGE
skj
APPENDIX OF OP(KAT) 167/2024
PETITIONERS' ANNEXURES
Annexure A1 TRUE COPY OF THE OFFICE PROCEEDINGS NO
LSGD/PD/66166/2023-DEHI DATED 2012.2023
ALONG WITH THE SENIORITY LIST OF
ASSISTANT ENGINEERS ISSUED BY THE 2ND
RESPONDENT
Annexure A2 TRUE COPY OF THE OFFICE PROCEEDINGS NO
LSGD/PD/66166/2023-DEHI DATED 9.2.24
ISSUED BY THE 2ND RESPONDENT
Annexure A3 TRUE COPY OF THE GO(RT)NO 312/2024.LSGD
DATED 7.2.2024 TEMPORARY PROMOTION ORDER
ISSUED BY THE FIRST RESPONDENT
Annexure A4 TRUE PHOTOCOPY OF THE REPRESENTATION
DATED 12.2.2024 BY THE FIRST APPLICANT
ADDRESSED TO THE 1ST RESPONDENT ALONG
WITH TYPED COPY
Annexure A5 TRUE PHOTOCOPY OF THE REPRESENTATION
DATED 18.8.2023 BY THE SECOND APPLICANT
ADDRESSED TO THE SECOND RESPONDENT
Annexure A6 TRUE PHOTOCOPY OF THE REPRESENTATION
DATED 21.9.2023 BY THE SECOND APPLICANT
ADDRESSED TO THE FIRST RESPONDENT
Annexure A7 TRUE PHOTOCOPY OF THE REPRESENTATION
DATED 12.2.2024 BY THE THIRD APPLICANT
ADDRESSED TO THE SECOND RESPONDENT
Exhibit P1 TRUE COPY OF THE ORIGINAL APPLICATION
Exhibit P2 RUE COPY OF THE INTERIM ORDER DATED
15.02.2024 IN O.A NO. 284 OF 2024 PASSED
BY THE KERALA ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM
Exhibit P3 TRUE COPY OF THE G.O.(RT) NO.
729/2024/LSGD DATED 05.04..2024 ISSUED
BY THE 4TH RESPONDENT
Exhibit P4 TRUE COPY OF THE ORDER OF APPOINTMENT
AND POSTING DATED 31.3.2024
RESPONDENTS' EXHIBITS
EXHIBIT R1A True photocopy of the said order of the
Kerala Administrative Tribunal in
CP(C)64 of 2024 dated 8/04/2024
