Kerala High Court
Jayaraj P R vs State Of Kerala Represented By ... on 5 November, 2024
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
2024:KER:82044
O.P. (KAT) No.450 of 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
TUESDAY, THE 5TH DAY OF NOVEMBER 2024 / 14TH KARTHIKA, 1946
OP(KAT) NO. 450 OF 2024
AGAINST THE JUDGMENT DATED 30.08.2024 IN OA NO.1283
OF 2023 OF KERALA ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM
PETITIONER/PETITIONER:
JAYARAJ P R, AGED 43 YEARS, PANNIKUZHI HOUSE,
KUTHAMPULLY POST ,THRISSUR, KERALA, PIN - 680 594
BY ADV N.KRISHNA PRASAD (PALKULANGARA)
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY SECRETARY TO
GOVERNMENT, DEPARTMENT OF LABOUR AND SKILLS,
THIRUVANANTHAPURAM
GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM, PIN
- 695 001
2 KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY
SECRETARY, PATTOM. P.O, THIRUVANATHAPURAM
PATTOM. P.O, THIRUVANATHAPURAM, PIN - 695 004
3 DIRECTOR, INDUSTRIAL TRAINING DEPARTMENT,
TRIVANDRUM PIN 695 033, THOZHILBHAVAN,
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O.P. (KAT) No.450 of 2024
2
VIKASBHAVAN PO,TRIVANDRUM, PIN - 695 033
NISHA BOSE SR GP
P.C. SASIDHARAN SC FOR KPSC
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR ADMISSION ON 05.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2024:KER:82044
O.P. (KAT) No.450 of 2024
3
JUDGMENT
A. Muhamed Mustaque, J.
This original petition is filed at the instance of the
applicant before the Tribunal. The applicant was included in the
ranked list published by the Kerala Public Service Commission
(for short "KPSC") for the post of Junior Instructor (Information
Technology). The ranked list expired on 11.12.2020. The
original application was filed in the year 2023 seeking reporting
of vacancies of Junior Instructor (Information Technology).
There were six vacancies during the currency of the ranked list
and six candidates were advised. During the currency of the
ranked list, the Information Technology cluster was abolished
and revamped them to different other trades. It has come out
that out of six advices, three did not join and those were
reported as NJD Vacancies. Those NJD vacancies were not
reported to the KPSC during the currency of the ranked list.
2. Anyway, the ranked list expired much before
the petitioner approached the Tribunal. The petitioner relied on
the earlier O.A. No.1979 of 2020 wherein the Tribunal directed
to report 12 vacancies of Junior Instructor (Information
2024:KER:82044
Technology) provisionally to the KPSC. Since no vacancies were
available, no appointment was made out of the 12 vacancies. It
is to be noted that nothing has come out to hold that there were
vacancies pursuant to the directions in O.A No.1979 of 2020.
3. The learned counsel for the petitioner submits
that the department is engaging provisional hands as evident
from Annexure A20 and therefore, it has to be assumed that
there were substantial vacancies.
In the absence of any substantial vacancies reported to
the KPSC during the currency of the ranked list, no reliefs can
be granted to the petitioner. This was rightly turned down by
the Tribunal. We find absolutely no scope for interference
invoking our power under Article 227 of the Constitution of
India, the original petition fails and is accordingly dismissed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
P. KRISHNA KUMAR
JUDGE
PR
2024:KER:82044
APPENDIX OF OP(KAT) 450/2024
PETITIONER ANNEXURES
Annexure A1 ANNEXURE A1 (OA)-COPY OF GAZETTE
NOTIFICATION OF PSC DATED 15-11-2012 IN
OA
Annexure A2 ANNEXURE A2(OA)- COPY OF RANKED LIST NO
1151/17/SS/ VI OF CATEGORY NO 542/2012
OF KPSC
Annexure A3 ANNEXURE A3(OA) APPOINTMENT CHART NO
RIV(2)17441/17 GW OF K PSC-DATED 25-01-
2018 OF OA
Annexure A4 ANNEXUREA4-(OA) TRUE COPY OF LETTER
NO.DT/3857/2020-A2 DATED 18-01-2023
FROM DIRECTOR OF TRAINING OF OA
Annexure A5 ANNEXURE A5(OA) TRUE COPY OF LETTER
PROFORMA REPORTING VACANCIES FILE NO
DT3610/2020-A2 DATED THAT OF OA
Annexure A6 ANNEXURE A6(OA)- COPY OF GO(RT)
NO1445/2018/LABOUR DATED 21-12-2018 OF
OA
Annexure A7 ANNEXURE A7(OA)- TRUE COPY OF LETTER
NOK1-255/18 THO THI FROM THE SPIO, GOVT
ITI KASARGODE OF OA
Annexure A8 ANNEXURE A8(OA)- TRUE COPY OF LETTER NO
DWA1856/2016 DATED 24-02-2018 HI FROM
THE SPIO WOMEN'S ITI KANNUR OF
OAMALAMPUZHA OF OA
Annexure A9 ANNEXURE A9(OA)- TRUE COPY OF LETTER NO
DWA1856/2016 DATED 24-02-2018 HI FROM
THE SPIO ,WOMEN'S ITI MALAMPUZHA OF OA
Annexure A10 ANNEXURE A10(OA)- TRUE COPY OF LETTER
NO DWA1856/2016 DATED 24-02-2018 HI
FROM THE SPIO ,WOMEN'S ITI KOZHIKODE IN
2024:KER:82044
OA
Annexure A11 ANNEXURE A11(OA)- TRUE COPY OF LETTER
NO Q11/268/2018DATED 21-02-2018 FROM
THE SPIO ,WOMEN'S ITI QUILANDI IN OA
Annexure A12 ANNEXURE A12 (OA)- TRUE COPY OF LETTER
NO Q11/268/2018DATED 21-02-2018 FROM
THE SPIO , ITI CHENNERKARA IN OA
Annexure A13 ANNEXURE A13 (OA) – TRUE COPY OF
CIRCULAR NO. ADV.C3/149/18/P&ARD DATED
10-08-2018 OF GOVERNMENT IN OA
Annexure A14 ANNEXURE A14 (OA) – TRUE COPY OF
INTERIM ORDER DATED 11-12-2020 IN THE
OA 1979/2020 IN OA
Annexure A15 ANNEXURE A15 (OA) – TRUE COPY OF
PROFORMA REPORTING 12 VACANCIES
PROVISIONALLY BY DIRECTOR INDUSTRIAL
TRAINING IN OA
Annexure A16 ANNEXURE A16 (OA) – TRUE COPY OF
FINAL ORDER OF OA 1979/2020 DATED 29-
08-2022 IN OA
Annexure A17 ANNEXURE A17 (OA) – TRUE COPY OF
RTI REPLY NO. ITI-QLY/129/2022 DATED
06-07-2022 FROM THE PRINCIPAL ITI
QUILANDY IN OA
Annexure A18 ANNEXURE A18 (OA) – TRUE COPY OF
RTI REPLY NO.K1/1001/2022 DATED 28-06-
2022 FROM THE PRINCIPAL ITI KASARGODE
IN OA
Annexure A19 ANNEXURE A19 (OA) – TRUE COPY OF
IMPUGNED GO(RT) 458/2023/LBR DATED 11-
04-2023 IN OA
Annexure A20 ANNEXURE A20 (MA NO1255/2024 OF OA)-
TRUE COPY OF RTI QUERY FROM VIPIN K
BABY AND REPLY NO. ITI/KSGD/264/2024-K1
DATED 30.05.2024 FROM PRINCIPAL
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GOVERNMENT ITI KASARGODE
Annexure A21 ANNEXURE A21 (MA NO 1255/2024 OF OA)-
TRUE COPY OF RTI QUERY FROM VIPIN K
BABY AND REPLY NO. ITI/QLY/197/2024-Q1
DATED 12.06.2024 FROM PRINCIPAL
GOVERNMENT ITI KOYILANDY
Annexure A22 ANNEXURE A22 (MA NO 1435/2024 OF OA)-
TRUE COPY OF LETTER OF THE PETITIONER
TO THE DIRECTOR OF TRAINING TRIVANDRUM
IN MA NO 1435/2024 IN THE OA
Annexure A23 ANNEXURE A23 (IN OA):TRUE COPY OF
CIRCULAR NO 4441/ADV.C3/97/P&ARD DATED
21ST MARCH 1997 IN FINAL ARGUMENT NOTE
OF OA
Annexure R3(a) ANNEXURE R3(A) (OA) – TRUE COPY
OF LETTER NO. DGET-19/05/2014-CD DATED
17/06/2014 OF THE DEPUTY DIRECTOR
GENERAL OF TRAINING, DIRECTORATE OF
GENERAL OF EMPLOYMENT AND TRAINING
NEWDELHI ADDRESSED TO ALL SECRETARIES
OF ALL STATE GOVERNMENTS AND DIRECTORS
DEALING WITH VOCATIONAL TRAINING OF ALL
STATES/UT ADMINISTRATIONS. OF OA
Annexure R3(b) ANNEXURE R3(B) (OA) – TRUE COPY
OF GO(RT)NO 1267/2015/LBR DATED
16/09/2015 OF OA
Annexure R3(c) ANNEXURE R3(C) (OA) – TRUE COPY
OF DGE&T -19/06(01)/2014 DATED 04-07-
2014 ISSUED BY THE DIRECTOR GENERAL OF
EMPLOYMENT &TRAINING. LABOUR &
EMPLOYMENT GOVERNMENT OF INDIA OF OA
Exhibit P1 EXHIBIT P1-ORDER OF THE HON'BLE KAT,
THIRUVANANTHAPURAM CASE NO OA 1283/2023
DATED 30-08-2024
Exhibit P2 EXHIBIT P2- TRUE COPY OF OA NO
1283/2023 BEFORE HON'BLE KAT TRIVANDRUM
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Exhibit P3 EXHIBIT P3-TRUE COPY OF NO MA 1853/2023
IN OA
Exhibit P4 EXHIBIT P4-TRUE COPY OF NO MA 1255/2024
IN OA
Exhibit P5 EXHIBIT P5-TRUE COPY OF MA NO 1435/2024
IN OA
Exhibit P6 EXHIBIT P6-MEMO SUBMITTING ARGUMENT
NOTE
Exhibit P7 EXHIBIT P7— FINAL ARGUMENT NOTE
Exhibit P8 EXHIBIT P8 - COPY OF ORDER OF KAT IN RA
NO 30/2022 DATED 16-03-2023 IN OA NO
Exhibit P9 EXHIBIT P9: COPY OF INTERIM ORDER OF
KAT IN OA NO 1283 /2023 DATED
09/07/2024
Exhibit P10 EXHIBIT P10- TRUE COPY OF THE LATEST
PROSPECTUS-NO NCVT/01/2024 FOR
ADMISSION TO ITI
Exhibit P11 EXHIBIT P11 – TRUE COPY OF
ADDITIONAL REPLY STATEMENT OF 3RD
RESPONDENT
