Kerala High Court
Jathimon V vs State Of Kerala on 10 July, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
OP(KAT) Nos.285 & 286 of 2025 1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
THURSDAY, THE 10TH DAY OF JULY 2025 / 19TH ASHADHA, 1947
OP(KAT) NO. 285 OF 2025
AGAINST THE ORDER DATED 13-01-2025 IN OA NO.2062 OF 2021 ON
THE FILES OF THE KERALA ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM.
PETITIONER/APPLICANT:
SHANMUKHAM ACHARI, AGED 55 YEARS,
S/O VASU ACHARI ARATTUCHIRAYIL, PUZHAVATHU,
CHANGANACHERRY P.O., KOTTAYAM- 686 101 CLERK,
GOVERNMENT COLLEGE KOTTAYAM, NATTAKKAM P.O.,
KOTTAYAM-, PIN - 686 013.
BY ADVS.
DR.K.P.PRADEEP
SHRI.T.T.BIJU
SMT.T.THASMI
SMT.M.J.ANOOPA
SMT.POOJA V.M.
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS CHIEF SECRETARY
GOVERNMENT SECRETARIATE,
THIRUVANANTHAPURAM, PIN - 695 001.
OP(KAT) Nos.285 & 286 of 2025 2
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2 SECRETARY TO THE GOVERNMENT,
SOCIAL JUSTICE DEPARTMENT GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
3 SECRETARY TO THE GOVERNMENT.
PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIATE,
THIRUVANANTHAPURAM, PIN - 695 001.
4 THE DIRECTOR,
DIRECTORATE OF COLLEGIATE EDUCATION
6TH FLOOR, VIKAS BHAVAN P.O,
THIRUVANANTHAPURAM, PIN - 695 033.
BY SERNIOR GOVERNMENT PLEADER SRI.A.J.VARGHESE.
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR ADMISSION ON 10.07.2025, ALONG WITH OP(KAT).286/2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(KAT) Nos.285 & 286 of 2025 3
2025:KER:51378
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
THURSDAY, THE 10TH DAY OF JULY 2025 / 19TH ASHADHA, 1947
OP(KAT) NO. 286 OF 2025
AGAINST THE ORDER DATED 13-01-2025 IN OA NO.2061 OF 2021 ON
THE FILES OF THE KERALA ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM.
PETITIONER/APPLICANT:
JATHIMON V, AGED 50 YEARS,
S/O VISWAN PUTHANPURA HOUSE,
CHEMMANATHUKARA P.O., VAIKOM,
KOTTAYAM- 686 606 CLERK,
DISTRICT LABOUR OFFICE COLLECTORATE P.O.,
KOTTAYAM, PIN - 686 002.
BY ADVS.
DR.K.P.PRADEEP
SHRI.T.T.BIJU
SMT.T.THASMI
SMT.M.J.ANOOPA
SMT.POOJA V.M.
OP(KAT) Nos.285 & 286 of 2025 4
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RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS CHIEF SECRETARY GOVERNMENT
SECRETARIATE THIRUVANANTHAPURAM, PIN - 695 001.
2 SECRETARY TO GOVERNMENT,
SOCIAL JUSTICE DEPARTMENT GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
3 SECRETARY TO THE GOVERNMENT,
PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT,
GOVERNMENT OF KERALA GOVERNMENT SECRETARIATE,
THIRUVANANTHAPURAM, PIN - 695 001.
4 LABOUR COMMISSIONER,
THOZHIL BHAVAN, VIKAS BHAVAN P.O,
PMG THIRUVANATHAPURAM, PIN - 695 033.
BY SERNIOR GOVERNMENT PLEADER SRI.A.J.VARGHESE.
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR ADMISSION ON 10.07.2025, ALONG WITH OP(KAT).285/2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(KAT) Nos.285 & 286 of 2025 5
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A.MUHAMED MUSTAQUE & JOHNSON JOHN, JJ.
-----------------------------------------------
OP(KAT) Nos.285 & 286 of 2025
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Dated this the 10th day of July, 2025.
JUDGMENT
A.MUHAMED MUSTAQUE, J.
The petitioners approached the Tribunal challenging the
denial of regularization. They also sought a direction for
regularization of their services and claimed consequential benefits,
including promotion. The Tribunal, relying on the judgment of the
Division Bench of this Court in Writ Appeal No.2633 of 2017 dated
01-02-2021, dismissed the challenge.
2. It is to be noted that the said judgment was challenged
before the Apex Court, which overturned the decision of this Court
in Maya.P.C v. State of Kerala (2025 KHC Online 7350).
Therefore, the issue now stands covered in favour of the
petitioners.
3. Accordingly, we direct the Official respondents to
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regularize the services of the petitioners in accordance with the
aforesaid judgment. This shall be done within two months from the
date of receipt of a certified copy of this judgment. The claims for
seniority, promotion and other consequential benefits were not
adjudicated by the Tribunal, and those issues are left open.
The Original petitions are disposed of accordingly.
Sd/- A.MUHAMED MUSTAQUE, JUDGE.
Sd/- JOHNSON JOHN, JUDGE.
amk
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APPENDIX OF OP(KAT) 285/2025
PETITIONER ANNEXURES :
Annexure A1 TRUE COPY OF THE PROVISIONAL APPOINTMENT
ORDER NO.ESTT.04.49538/2001/COLL.EDU/K
DATED 03-11-2001 ISSUED BY THE DIRECTOR
OF COLLEGIATE EDUCATION,
THIRUVANANTHAPURAM,
Annexure A2 TRUE COPY OF THE ORDER NO.
NO.A3/1036/06/DMOK DATED 30-04-2008
ISSUED BY THE DISTRICT MEDICAL OFFICER,
KOTTAYAM
Annexure A3 TRUE COPY OF THE GO (P) NO 40/13/SJD
DATED 18-5-2013 ISSUED BY THE 1ST
RESPONDENT.
Annexure A4 TRUE COPY OF THE GO (P) NO 63/13/SJD
DATED 07-08-2013.
Annexure A5 TRUE COPY OF THE ORDER
NO.C3/18798/2013/CED (I) DATED 15-02-
2014 ISSUED BY THE SENIOR ADMINISTRATIVE
OFFICER IN THE DIRECTORATE OF COLLEGIATE
EDUCATION.
Annexure A6 TRUE COPY OF LETTER NO B1-
1602/14/NTS/ESTT DATED 8-12-2014 ISSUED
BY THE PRINCIPAL, GOVERNMENT COLLEGE,
KOTTAYAM TO THE DIRECTOR OF COLLEGIATE
EDUCATION.
Annexure A7 TRUE COPY OF THE ORDER GO (P) NO
01/16/SJD DATED 03-02-2016 ISSUED BY THE
2ND RESPONDENT.
Exhibit P1 TRUE COPY OF THE ORIGINAL APPLICATION OA
NO.2062 OF 2021 FILED BEFORE THE HON'BLE
KERALA ADMINISTRATIVE TRIBUNAL.
Exhibit P2 TRUE COPY OF THE ORDER IN OA NO.2062 OF
2021 PASSED BY THE HON'BLE KERALA
ADMINISTRATIVE TRIBUNAL DATED 13-01-
2025.
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APPENDIX OF OP(KAT) 286/2025
PETITIONER ANNEXURES :
Annexure 1 TRUE COPY OF THE ADVICE ISSUED BY THE KERALA
PUBLIC SERVICE COMMISSION DATED 26-04-2011.
Annexure A2 TRUE COPY OF THE ORDER NO.E6-611/2010 DATED
30-06-2011 ISSUED BY THE DIRECTOR OF SOCIAL
WELFARE DEPARTMENT.
Annexure A3 TRUE COPY OF THE ORDER NO. E6/5410/13 DATED
18-04-2013 ISSUED BY THE DIRECTOR OF SOCIAL
WELFARE DEPARTMENT.
Annexure A4 TRUE COPY OF THE GO (P) NO 40/13/SJD DATED 18-
5-2013 ISSUED BY THE 1ST RESPONDENT.
Annexure A5 TRUE COPY OF THE GO (P) NO 63/13/SJD DATED 07-
08-2013.
Annexure A6 TRUE COPY OF THE G.O(P) NO.32/14/SJD DATED 03-
05-2014.
Annexure A7 TRUE COPY OF THE ORDER NO.19976/2013 DATED 23-
08-2014 ISSUED BY THE SENIOR ADMINISTRATIVE
OFFICER OF THE LABOUR COMMISSIONER OFFICE.
Annexure A8 TRUE COPY OF THE ORDER GO (P) NO 01/16/SJD
DATED 03-02-2016 ISSUED BY THE 2ND RESPONDENT.
Annexure A9 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE APPLICANT BEFORE THE 4TH RESPONDENT DATED
27-08-2019.
Annexure A10 TRUE COPY OF THE DEPARTMENT TEST CERTIFICATE
ID 56300#1#3 ISSUED BY THE KERALA PUBLIC
SERVICE COMMISSION.
Annexure A11 TRUE COPY OF THE DEPARTMENT TEST CERTIFICATE
ID 72927#1#6 ISSUED BY THE KERALA PUBLIC
SERVICE COMMISSION.
Exhibit P1 TRUE COPY OF THE ORIGINAL APPLICATION OA
NO.2061 OF 2021 FILED BEFORE THE HON'BLE
KERALA ADMINISTRATIVE TRIBUNAL.
Exhibit P2 TRUE COPY OF THE ORDER IN OA NO.2061 OF 2021
PASSED BY THE HON'BLE KERALA ADMINISTRATIVE
TRIBUNAL DATED 13-01-2025.
