Kerala High Court
State Of Kerala vs L.C.Mohankumar on 7 February, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
O.P.(KAT).No.444/2018
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
FRIDAY, THE 7TH DAY OF FEBRUARY 2025 / 18TH MAGHA, 1946
OP(KAT) NO. 444 OF 2018
AGAINST THE ORDER DATED 27.09.2016 IN OA NO.1594 OF 2013 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/S:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-
695001.
2 THE DIRECTOR OF PANCHAYATHS,
OFFICE OF THE DIRECTOR OF PANCHAYATH, THIRUVANANTHAPURAM,
KERALA-695001.
3 THE DEPUTY DIRECTOR OF PANCHAYATH,
CIVIL STATION, KAKKANADU, ERNAKULAM, KERALA-682030.
BY ADV GOVERNMENT PLEADER SHRI SUNILKUMAR KURIAKOSE
RESPONDENT/S:
1 L.C.MOHANKUMAR,
S/O. LAKSHMANAN, KALARIPARAMBIL HOUSE, THOPPIL, B.M.C. P.O.,
THRIKKAKARA, COCHIN-682026 (FULL TIME SWEEPER, KADAMAKKUDI
GRAMA PANCHATH, ERNAKULAM-682030), KERALA.
2 SALIM.,
WORKING AS DRIVER, OFFICE OF THE DEPUTY DIRECTOR OF
O.P.(KAT).No.444/2018
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PANCHAYATH, CIVIL STATION, KAKKANAD, KERALA-682030.
3 SIVADAS R.,
WORKING AS DRIVER, ERNAKULAM DISTRICT, KAKKANAD, KERALA-
682030.
4 VARAPPUZHA GRAMA PANCHAYATH,
VARAPPUZHA P.O., REPRESENTED BY ITS SECRETARY, ERNAKULAM
DISTRICT, KERALA-683517.
BY ADVS.
BABU KARUKAPADATH
P.U.VINOD KUMAR
VAISAKHI V.
MOHAMED HISHAM P
P.LAKSHMI
M.A.VAHEEDA BABU
ARYA RAGHUNATH
T.M.MUHAMMED MUSTHAQ
KARUKAPADATH WAZIM BABU
AISWARYA ANN JACOB
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON
07.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(KAT).No.444/2018
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JUDGMENT
Dated this the 7th day of February, 2025
A.Muhamed Mustaque, J.
We are now dealing with an original petition filed by the State
challenging an order, dated 27/09/2016, of the Tribunal in an original
application filed by Shri L.C. Mohankumar, the first respondent
herein. Mohankumar had filed O.A.Nos.1594/2013 and 223/2016
claiming his right to promotion as driver in two different factual
circumstances. Tribunal upheld his claim by Ext.P4 order dated
27/9/2016, holding that he is entitled to be promoted from the date
on which vacancy arose consequent upon transfer of one Salim, the
second respondent herein. Alleging non-compliance, Mohankumar
filed an application for execution. Tribunal, on 13/11/2018, passed
an order on the said application to ensure compliance and to sanction
monetary benefits, adjourning the matter to 14/12/2018. The order
of the Tribunal dated 13/11/2018 is produced as Ext.P9. In fact, by
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that time, Ext.P7 order was passed on 6/9/2018 notionally promoting
Mohankumar with effect from 2/12/2010.
2. This original petition was filed on 13/12/2018 challenging
the orders in O.A.No.1594/2013. No challenge was made against
the order passed in O.A.No.223/2016.
3. We are of the view that this original petition is not
maintainable as the order passed in one of the original applications
has been challenged without challenging the order in the other, even
though both applications concern the same issue. Further, the
directions of the Tribunal were complied with much before this
original petition was filed before this Court, and there was no right
reserved to challenge the order impugned. Apparently, this original
petition was filed on a mistaken impression that monetary benefits
should be given with retrospective effect. Whereas no such direction
was issued by the Tribunal.
4. Mohankumar is stated to have been retired from
service. In such circumstances, we direct the petitioner to release
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pensionary benefits reckoning his pay in the promoted post in the
light of the order passed by the Director of Panchayath on 6/9/2018
(Ext.P7).
In view of the above, there is no scope for challenge. We dismiss
this original application. However, we grant two months' time to the
petitioners to comply with the directions of the Tribunal, and in tune
with the order passed by the Director of Panchayath on 6/9/2018.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
P. KRISHNA KUMAR, JUDGE
ms
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APPENDIX OF OP(KAT) 444/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE O.A.NO.1594/2013 ALONG WITH
ANNEXURES.
Annexure A1 TRUE COPY OF THE ORDER OF THE SECRETARY,
THIRUVAMKULAM GRAMA PANCHAYATH EVIDENCING THAT
THE APPLICANT HAS JOINED DUTY AS FULL TIME
SWEEPER ON 01.12.2006.
Annexure A2 TRUE COPY OF DRIVING LICENSE OF THE APPLICANT
Annexure A3 TRUE COPY OF THE RELEVANT PORTION OF THE KERALA
PANCHAYATHS SUBORDINATE SERVICE RULES, 1994.
Annexure A4 TRUE COPY OF THE REPRESENTATION DATED 06.01.2006
SUBMITTED BY THE APPLICANT BEFORE THE 3RD
RESPONDENT.
Annexure A4A TRUE ENGLISH TRANSLATION OF ANNEXURE A4
Annexure A5 TRUE COPY OF THE INTIMATION DATED 10.05.2000
ISSUED BY THE 2ND RESPONDENT GIVING INSTRUCTION
TO THE CONCERNED PANCHAYATH TO SEND FOR THE
PROFICIENCY TEST CONDUCTED BY PSC.
Annexure A5A TRUE ENGLISH TRANSLATION OF ANNEXURE A5
Annexure A6 TRUE COPY OF THE ORDER DATED 26.06.2006 OF THE
3RD RESPONDENT APPOINTING MR. T.S. RADHALRIDHNAN
AS DRIVER
Annexure A6A TRUE ENGLISH TRANSLATION OF ANNEXURE A6
Annexure A7 TRUE COPY OF THE REPRESENTATION DATED 20.04.2010
SUBMITTED BY THE APPLICANT BEFORE THE 3RD
RESPONDENT THROUGH PROPER CHANNEL.
Annexure A7A TRUE ENGLISH TRANSLATION OF ANNEXURE A7
Annexure A8 TRUE COPY OF THE G.O.(P) NO. 36/91/P & ARD DATED
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02.12.1991.
Annexure A9 TRUE COPY OF THE COUNTER AFFIDAVIT DATED
13.06.2012 FILED BY THE 3RD RESPONDENT IN W.P.(C)
Annexure A10 TRUE COPY OF THE JUDGMENT DATED 20.05.2013 OF THE
HON'BLE HIGH COURT OF KERALA IN W.P.(C) NO.
Annexure A11 TRUE COPY OF THE INTIMATION RECEIVED FROM THE
OFFICE OF THE RESPONDENTS 2 AND 3 ALONG WITH
G.O.(P) NO. 23/2003/P & ARD DATED 14.08.2003.
Annexure A11A TRUE ENGLISH TRANSLATION OF THE FIRST THREE PAGES
OF ANNEXURE A11
EXHIBIT P2 REPLY STATEMENT FILED BY THE 3RD RESPONDENT IN
THE ORIGINAL APPLICATION.
EXHIBIT P3 TRUE COPY8 OF THE REJOINDER FILED BY THE
APPLICANT.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 27/09/2016 IN OA
NO.1594/2013.
EXHIBIT P5 TRUE COPY OF THE ORDER NO.E14-42056/16 DATED
22/12/2016.
EXHIBIT P6 TRUE COPY OF THE MA NO.947/2018.
EXHIBIT P7 TRUE COPY OF THE ORDER NO.E14-16248/17 DATED
06/09/2018.
EXHIBIT P8 TRUE COPY OF THE OBJECTION FILED BY THE 2ND
RESPONDENT IN THE MA NO.947/2018.
EXHIBIT P9 TRUE COPY OF THE ORDER DATED 13/11/2018 IN MA
NO.947/2018 IN OA NO.1594/2013.
