Kerala High Court
Indu V.S, D/O Sadasivan Nair. K,Food ... vs Saran G on 24 January, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
2025:KER:5722
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 24TH DAY OF JANUARY 2025 / 4TH MAGHA, 1946
OP(KAT) NO. 5 OF 2025
ORDER DATED 26.12.2024 IN O.A.NO.1980/2024 ON THE FILES OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/RESPONDENTS 3 & 4:
1 INDU V.S,
AGED 51 YEARS
D/O SADASIVAN NAIR K,FOOD SAFETY OFFICER, OFFICE OF
THE ASSISTANT COMMISSIONER OF FOOD SAFETY, BHAKSHYA SURAKSHA
BHAVAN, GROUND FLOOR, THYCAUD, THIRUVANANTHAPURAM - 695014
RESIDING AT GOKULAM TC 41/2019(1), PANAMOOD LANE, MANACAUD
P.O., THIRUVANANTHAPURAM, PIN - 695009
2 RAJESH C.S,
AGED 51 YEARS
S/O C. SUKUMARAN, FOOD SAFETY OFFICER, OFFICE OF THE
ASSISTANT COMMISSIONER OF FOOD SAFETY, N.H BUILDING COMPLEX,
CHEMBOOKKAVU, THRISSUR- 680020 RESIDING AT ACHUS,
CHEMBAKKARA, EZHAKKAD P.O, PALAKKAD, PIN - 679631
BY ADVS.SRI.ABDUL JAWAD K.
SMT.A.GRANCY JOSE
SMT.AYSHA A.A.
RESPONDENTS/APPLICANT & RESPONDENTS 1,2 & 5:
1 SARAN G,
AGED 51 YEARS
S/O GOPALAN, FOOD SAFETY OFFICER, UDUMBANCHOLA CIRCLE,
IDUKKI, IDUKKI DISTRICT - 685553 RESIDING AT THANAL, TC
14/1355, PARIS ROAD, NANDAVANAM, VIKAS
BHAVAN,THIRUVANANTHAPURAM, PIN - 695033
OP(KAT)No.5 of 2025
2
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2 STATE OF KERALA, REP BY SECRETARY TO
GOVERNMENT, HEALTH AND FAMILY WELFARE (E) DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
3 THE FOOD SAFETY COMMISSIONER,
FOOD SAFETY COMMISSIONERATE,THYCAUD,
THIRUVANTHAPURAM, PIN - 695014
4 REKHA A,FOOD SAFETY OFFICER,
OFFICE OF THE DEPUTY COMMISSIONER OF FOOD SAFETY,
BHAKSHYA SURAKSHA BHAVAN, GROUND FLOOR, THYCAUD,
THIRUVANANTHAPURAM, PIN - 695014
BY SENIOR GOVERNMENT PLEADER SRI.A.J.VARGHESE
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 24.01.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(KAT)No.5 of 2025
3
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JUDGMENT
Dated this the 24th day of January, 2025
A.Muhamed Mustaque, J.
This Original Petition was filed by the respondent
Nos.3 and 4 in OA No.1980/2024 on the files of the Kerala
Administrative Tribunal, Thiruvananthapuram (for short 'the
Tribunal') aggrieved by the stay granted by the Tribunal in
effecting promotion till the grievence of the 1 st respondent
herein who was an applicant before the Tribunal was
considered by the Secretary to Government, Health and
Family Welfare (E) Department, Secretariat,
Thiruvananthapuram. The order was passed on 26.12.2024.
According to the petitioners, on account of that order, their
promotion is not being effected.
2025:KER:5722
We are not holding that the petitioners are entitled to
promotion. We are of the view that if any promotion is due
to any Government Servant, it shall be effected in
accordance with the law, including that of 1 st respondent
who was the applicant before the Tribunal. Any such
promotion effected, will be subject to consideration of the
grievence highlighted by the 1st respondent in Annexure-
A7. Therefore, we order that there is no bar in effecting
promotion subject to outcome of Annexure-A7.
Accordingly, the impugned order is modified to the effect
of stalling the steps taken for promotion. Needless to say
that the hearing based on Annexure-A7 shall be concluded
as directed by the Tribunal within the time granted by the
Tribunal.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
P. KRISHNA KUMAR
JUDGE
MJL
2025:KER:5722
APPENDIX OF OP(KAT) 5/2025
PETITIONERS' ANNEXURES:
EXHIBIT-P1 A TRUE COPY OF THE ORIGINAL APPLICATION
Annexure - A1 TRUE COPY OF THE JUDGMENT OF THE
HON'BLE HIGH COURT OF KERALA IN OP(KAT)
NO.342 OF 2018 DATED 05/07/2019
Annexure - A2 A TRUE COPY OF THE ORDER DATED
21/07/2023 IN O.A. NO.379/2024 ON THE
FILE OF KERALA ADMINISTRATIVE TRIBUNAL
Annexure - A3 TRUE COPY OF THE JUDGMENT DATED
24/06/2024 OF THIS HON'BLE COURT IN
Annexure - A4 TRUE COPY OF THE G.O(RT)
NO.1889/2024/H&FWD DATED 09/08/2024
ISSUED BY THE 1ST RESPONDENT
Annexure - A5 TRUE COPY OF THE ORDER NO.CFS/526/2024-
A1 OF THE 2ND RESPONDENT DATED
06/09/2024
Annexure - A6 TRUE COPY OF THE REPRESENTATION DATED
05/10/2024 SUBMITTED BY THE APPLICANT
TO THE 2ND RESPONDENT
Annexure - A7 A TRUE COPY OF THE APPEAL SUBMITTED BY
THE APPLICANT TO THE 1ST RESPONDENT ON
07/11/2024
Annexure -A8 TRUE COPY OF THE REPLY DATED 18/01/2017
OBTAINED THROUGH RIGHT TO INFORMATION
ACT FROM THE FOOD SAFETY OFFICER,
KASARGOD CIRCLE
Annexure -A9 TRUE COPY OF THE REPLY OBTAINED FROM
THE FOOD SAFETY OFFICER, MAVALIKKARA
CIRCLE UNDER RIGHT TO INFORMATION ACT,
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DATED NIL
Annexure -A10 TRUE COPY OF THE RELEVANT PAGES OF THE
SAID SENIORITY LIST FOR PERIOD FROM
01/01/1995 TO 31/12/2011 PUBLISHED BY
THE 2ND RESPONDENT IN KERALA GAZETTE
DATED 10/01/2012
Annexure -A11 TRUE COPY OF THE LETTER DATED
19/12/2024 ISSUED BY THE OFFICER OF THE
2ND RESPONDENT SEEKING CONFIDENTIAL
REPORT FOR PREPARING SELECT LIST
Exhibit - P2 A TRUE COPY OF THE ORDER DATED
26/12/2024 IN O.A. NO.1980/2024 ON THE
FILE OF KERALA ADMINISTRATIVE TRIBUNAL
Exhibit - P3 A TRUE COPY OF THE G.O.(RT)
NO.1751/2011/LSGD DATED 21/07/2011
Exhibit - P4 A TRUE COPY OF G.O(MS) NO.24/2013/H&FWD
DATED 02/02/2013
Exhibit - P5 A TRUE COPY OF THE ORDER NO.
B-38/2013/CFS DATED 25/05/2013 OF THE
3RD RESPONDENT
Exhibit - P6 A TRUE COPY OF THE GAZETTE NOTIFICATION
NO.41 DATED 15/10/2013
Exhibit - P7 A TRUE COPY OF THE G.O.(MS) NO.
465/2013/H&FWD DATED 03/12/2013
Exhibit - P8 A TRUE COPY OF THE COMMUNICATION DATED
19/12/2024 ISSUED BY THE 3RD RESPONDENT
Exhibit - P9 A TRUE COPY OF THE ORDER
NO.CFS526/2024-A1 DATED 06/09/2024 OF
THE 3RD RESPONDENT.
