State Of Kerala vs Prince.T.Kurian,Aged 48 Years
2025 Latest Caselaw 727 Ker

Kerala High Court

State Of Kerala vs Prince.T.Kurian,Aged 48 Years on 8 July, 2025

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

                                                         025:KER:50231

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

                                  &

             THE HONOURABLE MR. JUSTICE JOHNSON JOHN

   TUESDAY, THE 8TH DAY OF JULY 2025 / 17TH ASHADHA, 1947

                       OP(KAT) NO. 292 OF 2025

        AGAINST THE ORDER DATED 21.03.2024 IN OA NO.449 OF 2024

OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM.

PETITIONERS/RESPONDENT IN O.A   :
    1     STATE OF KERALA,
          REPRESENTED BY ITS PRINCIPAL SECRETARY TO
          GOVERNMENT AND AGRICULTURAL PRODUCTION
          COMMISSIONER, AGRICULTURE DEVELOPMENT AND FARMER'S
          WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, KERALA, PIN - 695 001.

    2       THE DIRECTOR,
            SOIL SURVEY AND SOIL CONSERVATION DEPARTMENT,
            DIRECTORATE OF SOIL SURVEY AND SOIL
            CONSERVATION,CENTER PLAZA BUILDINGS,
            VAZHUTHACAUD, THYCAUD.P.O,
            THIRUVANANTHAPURAM, KERALA, PIN - 695 014.

        BY SENIOR GOVERNMENT PLEADER SRI.B.UNNIKRISHNA KAIMAL.


RESPONDENT/APPLICANT IN OA   :
          PRINCE.T.KURIAN, AGED 48 YEARS,
          S/O. T.T.BABY, SOIL CONSERVATION OFFICER,
          SOIL CONSERVATION OFFICE, KOLLAM - 691001,
          RESIDING AT THEKKEKARA HOUSE,ARTHAT.P.O,
          KUNNAMKULAM, THRISSUR, KERALA., PIN - 690 521.

            BY ADV.P.NANDAKUMAR.
     THIS    OP KERALA ADMINISTRATIVE         TRIBUNAL    HAVING      BEEN
FINALLY   HEARD   ON   08.07.2025,    THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
        A.MUHAMED MUSTAQUE & JOHNSON JOHN, JJ.
          -----------------------------------------------
                   OP(KAT) No.292 of 2025
          -----------------------------------------------
            Dated this the 8th day of July, 2025.

                         JUDGMENT

A.MUHAMED MUSTAQUE, J.

The challenge has been made by the State against the

interim order of the Kerala Administrative Tribunal,

Thiruvananthapuram, in O.A No.449 of 2024 dated 21-03-2024.

The Tribunal, noting the provisions of the Rights of Persons with

Disabilities Act, 2016, directed that reservation be provided in

accordance with the said provisions in respect of the post of

District Soil Conservation Officer / Assistant Director of Soil

Conservation.

2. The learned Government Pleader submits that the

interim order of the Tribunal is in the nature of a final order and,

therefore, cannot be implemented. It is further submitted that no

post has been identified so far.

3. The learned counsel for the respondent submits that

the Original petition is not maintainable. The challenge has been

2025:KER:50231

made after a delay of one year. It is further submitted that, if no

post is available, it is for the Department to approach the

Tribunal rather than approaching this Court. It is also submitted

that no contempt petition is pending.

Having considered the rival submissions, we are of the view

that the petitioners, who contend that no post exists, are at

liberty to move the Tribunal for variation of the interim order.

With the liberty as above, the Original petition is

disposed of.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sd/- JOHNSON JOHN, JUDGE.

amk





                                                    2025:KER:50231



                    APPENDIX OF OP(KAT) 292/2025




PETITIONER ANNEXURES       :

Annexure A1              TRUE COPY OF DISABILITY CERTIFICATE
                         NO.G2/11/12913/2022  ISSUED    BY   THE

GOVERNMENT MEDICAL COLLEGE HOSPITAL, THRISSUR TO THE APPLICANT DATED 10.11.2022.

Annexure A2 TRUE COPY OF RELEVANT EXTRACT OF G.O(P) NO.78/2008/AD ISSUED BY THE FIRST RESPONDENT DATED 24.04.2008.

Annexure A3 TRUE COPY OF GAZETTE NOTIFICATION NO.38- 16/2020-DD III ISSUED BY THE MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT UNDER THE CENTRAL GOVERNMENT DATED 04.01.2021.

Annexure A4 TRUE COPY OF OFFICE MEMORANDUM NO.36012/1/2020-ESTT (RES II) ISSUED BY THE GOVERNMENT OF INDIA IN THE DEPARTMENT OF PERSONNEL AND TRAINING DATED 17.05.2022.

Annexure A5              TRUE   COPY  OF    G.O(P)   NO.05/2022/SJD
                         ISSUED    BY    THE    GOVERNMENT    DATED
                         15.07.2022.

Annexure A6              TRUE    COPY   OF    CIRCULAR    NO.RULES
                         1/136/2022/P&ARD    ISSUED      BY    THE
                         GOVERNMENT DATED 23.09.2022.

Annexure A7              TRUE COPY OF REPRESENTATION PREFERRED BY

THE APPLICANT BEFORE THE 2ND RESPONDENT DATED 30.03.2023.

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Annexure A8 TRUE COPY OF JUDGMENT OF THE HONOURABLE HIGH COURT OF KERALA IN OP(KAT) NO.312/2023 DATED 09.08.2023.

Annexure A9 TRUE COPY OF MINUTES OF AD HOC DPC (HIGHER) FOR PREPARATION OF SELECT LIST TO THE POST OF DISTRICT SOIL CONSERVATION OFFICER/ASSISTANT DIRECTOR OF SOIL CONSERVATION FOR THE YEAR 2023 DATED NIL.

Annexure A10 TRUE COPY OF ORDER NO.SSSC/3412/2023- O&M1 ISSUED BY THE 2ND RESPONDENT DATED 09.02.2024.

Annexure 10(a)           TRUE COPY OF RELEVANT EXTRACT OF THE
                         FINAL    SENIORITY    LIST    OF    SOIL
                         CONSERVATION       OFFICERS      (DIRECT

RECRUITMENT) IN THE SOIL SURVEY AND SOIL CONSERVATION DEPARTMENT AS ON 01.01.2024 APPENDED TO ANNEXURE A10 ORDER.

Annexure 11 TRUE COPY OF G.O(P) NO.6/2023/SJD ISSUED BY THE GOVERNMENT DATED 26.10.2023.

Exhibit P1 A TRUE COPY OF THE AMENDED O.A NO.449/2024 ALONG WITH ITS ANNEXURES A1 TO A11.

Exhibit P2 TRUE COPY OF THE IMPUGNED INTERIM ORDER PASSED BY THE KERALA ADMINISTRATIVE TRIBUNAL ON 21.03.2024 IN OA 449 OF 2024.