Kerala High Court
Sidheekh P.V vs State Of Kerala on 29 May, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
OP(KAT) NO. 229 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE S.MANU
WEDNESDAY, THE 29TH DAY OF MAY 2024 / 8TH JYAISHTA, 1946
OP(KAT) NO. 229 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN CP (EKM) NO.80 OF 2024 OF KERALA
ADMINISTRATIVE TRIBUNAL AT THIRUVANANTHAPURAM (ADDITIONAL BENCH, ERNAKULAM)
PETITIONER/S:
SIDHEEKH P.V
AGED 55 YEARS
S/O.MOHAMMED P.V., PATHURAVALAPPIL HOUSE,ANAKKARA P.O., PALAKKAD
(DIST) , THE ASSISTANT EDUCATION OFFICER, THRITHALA, THRITHALA
P.O.,PALAKKAD(DIST) PIN-679 534, PIN - 679551
BY ADVS.
T.R.MADHU
P.VIJAYAKUMAR
RESPONDENT/S:
1 STATE OF KERALA
AGED 58 YEARS
REPRESENTED BY PRINCIPAL SECRETARY & CONVENOR, DEPARTMENTAL
PROMOTION COMMITTEE (HIGHER) GENERAL EDUCATION DEPARTMENT, GOVT.
SECRETARIAT,THIRUVANATHAPURAM, PIN - 695001
2 THE HIGHER DEPARTMENTAL PROMOTION COMMITTEE
AGED 56 YEARS
REPRESENTED BY ITS CONVENOR AND PRINCIPAL SECRETARY TO GENERAL
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 THE DIRECTOR OF GENERAL EDUCATION
THE DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
THIRUVANANTHAPURAM KERALA, PIN - 695014
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON
OP(KAT) NO. 229 OF 2024
2
29.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(KAT) NO. 229 OF 2024
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JUDGMENT
Dated this the 29th day of May 2024
A.Muhamed Mustaque, J.
Petitioner is working as Assistant Education Officer,
Education Department. According to the petitioner, his case for
promotion was not being considered by the respondents.
Thereupon petitioner has approached the Tribunal. The
Tribunal ordered to convene an Ad hoc DPC to consider the
petitioner for promotion as the petitioner is due to retire on
31.05.2024. This order was passed on 11.04.2024.
2. Having not complied with the directions, petitioner
now approached this Court as he is due to retire on
31.05.2024.
3. Having regard to the facts and circumstances, we
are of the view that petitioner shall be provisionally promoted
to the post in which he is entitled to be considered, on or
OP(KAT) NO. 229 OF 2024
before 31.05.2024. However, this will be subject to final
decision to be taken by the Ad hoc DPC
The original petition is disposed of accordingly.
Sd/
A.MUHAMED MUSTAQUE
JUDGE
sd/
S.MANU
JUDGE
jm/
OP(KAT) NO. 229 OF 2024
APPENDIX OF OP(KAT) 229/2024
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE PROCEEDINGS ORDER NO.DGE/3031/2020-VB3
DATED 15-09-2023
Annexure A2 TRUE COPY OF THE SAID LIST G.O.(P) NO.10/2023/G.EDN DATED
15-07-2023
Annexure A3 TRUE COPY OF THE SAID COMPLAINT SUBMITTED BY THE
APPLICANT BEFORE THE 2ND RESPONDENT
Annexure A4 TRUE COPY OF THE RANK LIST ORDER NO.D4/11/17/DPI,DATED
05-03-2019
Annexure A5 THE TRUE COPY THE NO.DGE/14268/2023-D6 DATED 25-08-2023
Annexure A6 THE TRUE COPY THE NO GO(P)NO 959/2024/GEDN (C)DATED
03/02/2024
Annexure A7 THE TRUE COPY THE OA(EKM)NO 1266/2023 DATED 08-09-2023
Annexure P1 CERTIFIED COPY OF THE ORDER IN OA(EKM) 242/2024 DATED
11.04.2024
Annexure P2 TRUE COPY OF THE LETTER DATED 12.4.2024 BY THE PETITIONER
BEFORE THE 1ST RESPONDENT
Exhibit P1 TRUE COPY OF THE ORIGINAL APPLICATION 242/2024 FILED BY
THE PETITIONER
Exhibit P2 TRUE COPY OF THE INTERIM ORDER DATED 11.4.2024 OF HON'BLE
KAT
Exhibit P3 TRUE COPY OF THE CONTEMPT PETITION FILED BY THE
PETITIONER, ALSO ANNEXING EXT P2 INTERIM ORDER OF THE
TRIBUNAL
Exhibit P4 TRUE COPY OF THE PROCEEDINGS OF HON'BLE TRIBUNAL DATED
24/05/2024
