Kerala High Court
Sudhir K vs State Of Kerala on 24 October, 2024
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
2024:KER:79319
O.P. (KAT) No.101 of 2020
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946
OP(KAT) NO. 101 OF 2020
AGAINST THE ORDER DATED 05.12.2019 IN OA NO.804 OF
2018 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/APPLICANT IN OA:
SUDHIR K., AGED 54 YEARS, S/O.KOCHUNARAYANAN,
DISTRICT LABORATORY TECHNICIAN, OFFICE OF THE
DISTRICT MEDICAL OFFICER OF HEALTH,
PATHANAMTHITTA-689 645, RESIDING AT SUMAYA
MADAVILAKOM, KOOTTIKADA, KOLLAM-691 020.
BY ADVS.
P.NANDAKUMAR
SRI.S.ANEESH
SMT.AMRUTHA SANJEEV
RESPONDENTS/RESPONDENTS IN OA:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY
WELFARE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 DIRECTOR OF HEALTH SERVICES, GENERAL HOSPITAL
JUNCTION, THIRUVANANTHAPURAM-691 035.
3 THE DEPARTMENTAL PROMOTION COMMITTEE (LOWER),
REPRESENTED BY ITS CONVENER AND DIRECTOR OF
2024:KER:79319
O.P. (KAT) No.101 of 2020
2
HEALTH SERVICES, GENERAL HOSPITAL JUNCTION,
THIRUVANANTHAPURAM-691 035.
4 A.K.ALEYAMMA, (DELETED)
DISTRICT LABORATORY TECHNICIAN, OFFICE OF THE
DISTRICT MEDICAL OFFICER OF HEALTH, KOTTAYAM-
686001.
R4 IS DELETED FROM THE PARTY ARRAY AT THE RISK OF
THE APPLICANT AS PER THE ORDER DATED 03.06.2020
IN I.A.NO.01/2020 IN OP(KAT) 101/2020
5 P.K.USHA, W/O.G.ASOKAN, RESIDING AT AKSHAYA,
NEDIYARA P.O., ANCHAL (VIA), KOLLAM-691 306,
WORKING AS DISTRICT LAB TECHNICIAN (DLT),
DISTRICT MEDICAL OFFICER (HEALTH), KOLLAM-691
013.
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
T.S.SHYAM PRASANTH, GOVERNMENT PLEADER()
SHRI.ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL()
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN
FINALLY HEARD ON 24.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2024:KER:79319
O.P. (KAT) No.101 of 2020
3
JUDGMENT
A. Muhamed Mustaque, J.
The learned counsel for the petitioner submits that the
matter has become infructuous. Accordingly, this original
petition is dismissed as infructuous.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
P.M.MANOJ
JUDGE
PR
2024:KER:79319
APPENDIX OF OP(KAT) 101/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF ORDER DATED 05.12.2019 IN
O.A.NO.804 OF 2018.
EXHIBIT P2 TRUE COPY OF O.A.NO.804 OF 2018 AL0NG
WITH ANNEXURES.
EXHIBIT P2 A1 TRUE COPY OF G.O(RT)NO.4356/97/H&FWD
DATED 17.12.1997 ISSUED BY THE 1ST
RESPONDENT.
EXHIBIT P2 A2 TRUE COPY OF G.O(RT)NO.3016/2002/H&FWD
DATED 10.12.2002 ISSUED BY THE 1ST
RESPONDENT.
EXHIBIT P2 A3 TRUE COPY OF ORDER NO.EF2-93289/02/DHS
DATED 01.03.2008 OF THE 2ND RESPONDENT.
EXHIBIT P2 A3(A) TRUE COPY OF THE RELEVANT EXTRACT OF
REVISED LIST OF RATION PROMOTIONS TO
LABORATORY TECHNICIANS GRADE I.
EXHIBIT P2 A4 TRUE COPY OF G.O.(RT)NO.2231/2017/H&FWD
DATED 09.08.2017 ISSUED BY THE 1ST
RESPONDENT.
EXHIBIT P2 A5 TRUE COPY OF ORDER NO.E2-72120/15/DHS
DATED 15.10.2015 OF THE 2ND RESPONDENT.
EXHIBIT P2 A6 TRUE COPY OF ORDER NO.EF2-8516/2016/DHS
DATED 30.05.2016 OF THE 2ND RESPONDENT.
EXHIBIT P2 A7 TRUE COPY OF ORDER NO.ES5-48574/2017/DHS
DATED 30.09.2017 OF THE 2ND RESPONDENT.
EXHIBIT P2 A7(A) TRUE COPY OF PROVISIONAL SENIORITY LIST
OF DISTRICT LAB TECHNICIAN AS ON
30.09.2017.
EXHIBIT P2 A8 TRUE COPY OF OBJECTIONS SUBMITTED BY THE
4TH RESPONDENT DATED 12.10.2017.
2024:KER:79319
EXHIBIT P2 A9 TRUE COPY OF LETTER NO.ES5-
84574/2017/DHS DATED 01.01.2018 OF THE
2ND RESPONDENT.
EXHIBIT P2 A10 TRUE COPY OF EXPLANATION SUBMITTED BY
THE APPLICANT DATED 15.01.2018.
EXHIBIT P2 A11 TRUE COPY OF PROCEEDINGS OF NO.ES5-
48574/17/DHS DATED 14.02.2018 OF THE 2ND
RESPONDENT.
EXHIBIT P2 A12 TRUE COPY OF REPRESENTATION DATED
12.03.2018 SUBMITTED BEFORE THE 1ST
RESPONDENT.
EXHIBIT P2 A13 TRUE COPY OF ORDER DATED 20.03.2018 IN
OA.NO.326 OF 2018.
EXHIBIT P2 A14 TRUE COPY OF G.O(RT)NO.1692/2018/H&FWD
DATED 23.05.2018.
EXHIBIT P3 TRUE COPY OF REPLY STATEMENT FILED ON
BEHALF OF THE 1ST RESPONDENT.
EXHIBIT P4 TRUE COPY OF REPLY STATEMENT FILED BY
ADDITIONAL RESPONDENTS 4 & 5.
EXHIBIT P4 R4(1) TRUE COPY OF THE FORWARDING LETTER FROM
THE DIST.MEDICAL OFFICER (HEALTH)
KOTTAYAM TO THE 2ND RESPONDENT BEARING
NO.A4/4084/17 DATED 20.03.2017.
EXHIBIT P4 R4(2) TRUE COPY OF THE REPRESENTATION DATED
20.03.2018 SUBMITTED BY THE 4TH
RESPONDENT TO THE 2ND RESPONDENT.
Exhibit P4 R4(2) TRUE COPY OF THE FORWARDING LETTER FROM
(a) THE DIST. MEDICAL OFFICER (HAEALTH)
KOTTAYAM TO THE 2ND RESPONDENT BEARING
NO.A4/3967/18 DATED 23.03.2018.
EXHIBIT P4 R4(3) TRUE COPY OF THE REPRESENTATION DATED
10.04.2018 SUBMITTED BY THE 4TH
RESPONDENT TO THE 2ND RESPONDENT.
EXHIBIT P4 R3(A) TRUE COPY OF THE FORWARDING LETTER FROM
2024:KER:79319
THE DIST.MEDICAL OFFICER (HEALTH)
KOTTAYAM TO THE 2ND RESPONDENT BEARING
NO.A4/3967/18 DATED 11.04.2018.
EXHIBIT P4 R4(3) TRUE COPY OF CIRCULAR NO.5328/RULES-1/99
(B) P&ARD DATED 03.06.1999 ISSUED BY THE
PERSONNEL AND ADMINISTRATIVE REFORMS
(RULES) DEPARTMENT.
EXHIBIT P4 R4(4) TRUE COPY OF THE REPRESENTATION DATED
27.05.2018 SUBMITTED BY THE 4TH
RESPONDENT TO THE 2ND RESPONDENT.
