Rajesh. R vs The Principal Secretary
2025 Latest Caselaw 1140 Ker

Kerala High Court

Rajesh. R vs The Principal Secretary on 18 July, 2025

Author: A. Muhamed Mustaque

Bench: A.Muhamed Mustaque

                                               2025:KER:53457
O.P. (KAT) No.306 of 2025
                                1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

         THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                &

            THE HONOURABLE MR. JUSTICE JOHNSON JOHN

  FRIDAY, THE 18TH DAY OF JULY 2025 / 27TH ASHADHA, 1947

                     OP(KAT) NO. 306 OF 2025

         AGAINST THE ORDER DATED 30.01.2025 IN OA NO.242 OF

2021 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM

PETITIONER/APPLICANT IN OA:

            RAJESH. R, AGED 34 YEARS, S/O RAJENDRAN,
            RESIDING AT: KAVUVILA PUTHEN VEEDU,
            KANICHANKODE, NEYYATTINKARA THIRUVANANTHAPURAM,
            PIN - 695 121


            BY ADVS.
            SRI.R.REJI KUMAR
            SRI.P.R.JAYAKRISHNAN




RESPONDENTS/RESPONDENTS:

     1      THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME,
            SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001

     2      THE DISTRICT OFFICER, KERALA PUBLIC SERVICE
            COMMISSION, DISTRICT OFFICE, PATTOM PALACE P O.,
            THIRUVANANTHAPURAM, PIN - 695 004

     3      THE ADDITIONAL DIRECTOR GENERAL OF POLICE
            THIRUVANANTHAPURAM, PIN - 695 014

     4      THE ADDITIONAL DIRECTOR GENERAL OF POLICE
            KERALA POLICE ACADEMY, TRISSUR, PIN - 680 631
                                                 2025:KER:53457
O.P. (KAT) No.306 of 2025
                                2



     5       THE DISTRICT POLICE CHIEF, THIRUVANTHAPURAM
             RURAL, THIRUVANANTHAPURAM, PIN - 695 033

             B UNNIKRISHNA KAIMAL   SR   GP


         THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR ADMISSION ON 18.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
                                                    2025:KER:53457
O.P. (KAT) No.306 of 2025
                                   3




                    JUDGMENT

A. Muhamed Mustaque, J.

This original petition is filed by the applicant before the

Tribunal. It is obvious that the Tribunal was forced to dismiss

the original application for the reason that no steps were taken

to challenge Government Order, which was passed pending the

original application. However, we feel that an opportunity

should be given to the petitioner. Accordingly, the impugned

order is set aside, and the petitioner is given liberty to

challenge the order passed by the Government in the original

application. Accordingly, the matter is remanded.

2. For the convenience of the Tribunal, we direct

the petitioner to mark appearance on 11.08.2025.

This original petition is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

JOHNSON JOHN JUDGE PR 2025:KER:53457

APPENDIX OF OP(KAT) 306/2025

PETITIONER ANNEXURES

Annexure A.1 TRUE COPY OF THE HALL TICKET BEARING NO.Z 581914 ISSUED TO THE APPLICANT IN OA Annexure A.2 TRUE COPY OF THE RANKED LIST NO.

369/19/DOT PUBLISHED BY THE 2ND RESPONDENT Annexure A.3 TRUE COPY OF THE ADVICE DATED 30-07- 2019 ISSUED BY THE 2ND RESPONDENT Annexure A.4 TRUE COPY OF THE NOTICE DATED 30-12- 2019 ISSUED BY THE 2ND RESPONDENT Annexure A.5 TRUE COPY OF JUDGMENT DATED 28-10-2020 IN CRL MC NO.4619/2020 OF THE HON'BLE HIGH COURT OF KERALA Annexure A.6 TRUE COPY OF THE ORDER DATED 27-11-2020 IN CC NO.997/2012 OF THE JUDICIAL MAGISTRATE COURT OF THE 1ST CLASS - II, NEYYATINKARA Annexure A.7 TRUE COPY OF JUDGMENT DATED 17-12-2019 IN CRL MC NO.8412/2019 OF THE HON'BLE HIGH COURT OF KERALA Annexure A.8 TRUE COPY OF THE ORDER DATED 03-01-2020 IN SC NO.1126/2018 OF THE ASSISTANT SESSIONS COURT, NEYYATINKARA Annexure A.9 TRUE COPY OF THE REPRESENTATION DATED NIL SUBMITTED BY THE APPLICANT IN OA SUBMITTED BEFORE THE ADDITIONAL DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM Annexure A.10 TRUE COPY OF THE RECEIPT DATED 17-12- 2020 ISSUED BY THE POSTAL DEPARTMENT Annexure A.11 TRUE COPY OF THE REPRESENTATION DATED NIL SUBMITTED BEFORE THE ADDITIONAL DIRECTOR GENERAL, POLICE ACADAMY, TRISSUR Annexure A.12 TRUE COPY OF THE RECEIPT DATED 17-12- 2020 ISSUED BY THE POSTAL DEPARTMENT Annexure A.13 TRUE COPY OF THE REPRESENTATION DATED NIL SUBMITTED BEFORE THE DISTRICT POLICE CHIEF, THIRUVANANTHAPURAM RURAL BY THE APPLICANT IN OA Annexure A.14 TRUE COPY OF THE ACKNOWLEGMENT RECEIPT 2025:KER:53457

DATED 29-12-2020 ISSUED BY THE DISTRICT POLICE CHIEF, THIRUVANANTHAPURAM RURAL Annexure A.15 TRUE COPY OF THE OA NO.589/2020 ALONG WITH ANNEXURES FILED BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM Exhibit P.1 TRUE COPY OF THE ORDER DATED 30-01-2025 IN OA NO 242/2021 OF THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM Exhibit P.2 TRUE COPY OF THE PROCEEDINGS 30-01-2025 IN OA NO 242/2025 DOWNLOADED FROM THE WEBSITE OF THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM Exhibit P.3 TRUE COPY OF THE ORDER DATED 26-07-2021 ISSUED BY THE 1ST RESPONDENT Exhibit P.4 TRUE COPY OF THE CERTIFICATE DATED 31- 03-2010 ISSUED TO THE PETITIONER BY THE DIRECTOR OF PHYSICAL EDUCATION, DEPARTMENT OF PHYSICAL EDUCATION, UNIVERSITY OF KERALA Exhibit P.5 TRUE COPY OF THE OA NO.242/2021 FILED BEFORE THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM BY THE PETITIONER