Kerala High Court
State Of Kerala vs Rekha.K.Nair on 16 June, 2025
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
2025:KER:42505
O.P. (KAT) No.133 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
MONDAY, THE 16TH DAY OF JUNE 2025 / 26TH JYAISHTA, 1947
OP(KAT) NO. 133 OF 2025
AGAINST THE ORDER DATED 07.02.2020 IN OA NO.1769 OF
2016 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/RESPONDENTS 1 7 2 IN OA:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
GOVERNMENT, HOME DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, KERALA, PIN - 695
001
2 THE DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL
SERVICES, PRISONS HEAD QUARTERS, POOJAPPURA.P.O,
THIRUVANANTHAPURAM, KERALA, PIN - 695 012
BY ADV GOVERNMENT PLEADER
A.J. VARGHEESE SR GP
RESPONDENTS/APPLICANT AND 3RD AND 4TH RESPONDENTS IN OA:
1 REKHA.K.NAIR, AGED 45 YEARS, W/O.K. PRASANNA
KUMAR, WELFARE OFFICER GRADE II, WOMEN PRISON,
ATTAKULANGARA, THIRUVANANTHAPURAM, RESIDING AT
SHIVRENJ, MKK NAIR ROAD, PALKULANGARA,
THIRUVANANTHAPURAM, KERALA, PIN - 695 024
2 SHIJO THOMAS, WELFARE OFFICER GRADE II, OPEN
PRISON, NETTUKALTHERI, KOTTOOR.P.O,
THIRUVANANTHAPURAM, KERALA, PIN: 695 574.
2025:KER:42505
O.P. (KAT) No.133 of 2025
2
3 GEORGE CHACKO, WELFARE OFFICER GRADE II, DISTRICT
JAIL, KAKKANAD, KOCHI, ERNAKULAM, KERALA, PIN -
682 037
ADV. P NANDAKUMAR
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR ADMISSION ON 16.06.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:42505
O.P. (KAT) No.133 of 2025
3
JUDGMENT
A. Muhamed Mustaque, J.
The State has come up with this original petition
challenging an order of the Tribunal dated 07.02.2020. This
original petition itself was filed only on 19.03.2025, after five
years of the order of the Tribunal. The matter is related to the
retrospective promotion granted to the respondents, who are the
applicants before the Tribunal.
2. This Court on 27.03.2025 passed the following
order:
"This original petition was filed challenging an
order dated 07.02.2020. Merely for the reason
that there is no delay prescribed for
challenging an order of the Tribunal under 227
of the Constitution of India, the Court cannot
take it as lightly. An affidavit shall be filed by
the competent officer regarding the reasons
for the delay challenging the same after five
years."
Thereafter, an affidavit has been filed. In paragraph five of the
affidavit, it is stated as follows:
"The Tribunal's direction was found
inconsistent with Rule 28(b)(i) of the KS & SSR,
1958. and relevant provisions in the Kerala
Service Rules regarding by-transfer
appointments. The matter required legal
consultation with Personnel & Administrative
Reforms Department and the Law Department.
2025:KER:42505
After examining thé case, Government issued
direction to Director General of Prisons
&Correctional Services on 29.09.2023 to file
appeal within one week, The Director General
accordingly requested the Advocate General to
file the appeal on 18.10.2023. The draft OP
(KAT) received from the O/o the Advocate
General on 16.08.2024 and a modification was
requested on 05.09.2024 which was directed to
be modified on 26.09.2024 and the corrected
version was duly authenticated and forwarded
on 12.03.2025 to the Office of the Advocate
General."
3. This cannot be a reason at all for entertaining an
original petition under Article 227 of the Constitution of India.
Though there is no limitation prescribed, nevertheless, the Court
need not entertain an original petition filed after five years. The
original petition, therefore, is liable to be dismissed for delay and
laches. However, we leave open the question involved in this
matter.
This original petition is dismissed as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
JOHNSON JOHN
JUDGE
PR
2025:KER:42505
APPENDIX OF OP(KAT) 133/2025
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF GOVERNMENT ORDER DATED
02.01.1980 ISSUED BY THE FIRST
PETITIONER
Annexure A2 TRUE COPY OF THE GOVERNMENT ORDER DATED
18.01.2010 ISSUED BY THE FIRST
PETITIONER
Annexure A3 TRUE COPY OF THE KERALA JAILS SERVICE
(AMENDMENT) SPECIAL RULES 2010
Annexure A4 TRUE COPY OF THE GOVERNMENT ORDER DATED
04.09.2010 ISSUED BY THE FIRST
PETITIONER
Annexure A5 TRUE COPY OF GOVERNMENT ORDER DATED
04.02.2011 ISSUED BY THE 1ST PETITIONER
Annexure A6 TRUE COPY OF GOVERNMENT ORDER DATED
23.05.2011 ISSUED BY THE 1ST PETITIONER.
Annexure A7 TRUE COPY OF MSW CERTIFICATE OF THE
RESPONDENT DATED 08.08.2013.
Annexure A8 TRUE COPY OF THE REPRESENTATION DATED
09.12.2013 SUBMITTED BY THE RESPONDENT
BEFORE THE 2ND PETITIONER.
Annexure A9 TRUE COPY OF NOTIFICATION DATED
05.05.2014 ISSUED BY THE 2ND
PETITIONER .
Annexure A10 TRUE COPY OF APPLICATION DATED
16.05.2014 SUBMITTED BY THE RESPONDENT.
Annexure A11 TRUE COPY OF LETTER DATED 06.03.2015 IN
OA NO.2399 OF 2014
Annexure A12 TRUE COPY OF ORDER DATED 31.03.2015
ISSUED BY THE 2ND PETITIONER.
Annexure A13 TRUE COPY OF REPRESENTATION DATED
30.12.2015 SUBMITTED BY THE RESPONDENT.
Annexure A14 TRUE COPY OF ORDER DATED 11.03.2016
ISSUED BY THE 2ND PETITIONER
Annexure R3(1) TRUE COPY OF PROCEEDINGS DATED
19.07.2014 OF SUPERINTENDENT, OPEN
PRISON, NETTUKALTHERI ADMITTING
RESPONDENT NO.2 AS WELFARE OFFICER
GR.II.
Annexure R3(2) TRUE COPY OF APPLICATION DATED
2025:KER:42505
18.08.2016 UNDER RTI ACT 2005 SUBMITTED
BY 2ND RESPONDENT.
Annexure R3(3) TRUE COPY OF RELEVANT PAGES OF KERALA
PRISONS AND CORRECTIONAL SERVICES RULES
2014 AND KERALA PRISONS RULES 1958,
SHOWING THE DUTIES OF WELFARE OFFICERS
IN PRISONS.
Annexure R3(4) TRUE COPY OF GAZETTE NOTIFICATION DATED
30.10.2010 OF KERALA PUBLIC SERVICE
COMMISSION.
Annexure R3(5) TRUE COPY OF THE RANK LIST DATED
19.02.2014 PUBLISHED BY KERALA PUBLIC
SERVICE COMMISSION FOR THE POST OF
WELFARE OFFICER GR.II BY DIRECT
RECRUITMENT.
Exhibit P1 A TRUE COPY OF THE O.A NO.1769/2016
Exhibit P2 TRUE COPY OF THE REPLY STATEMENT FILED
BY THE SECOND PETITIONER ON 14.02.2017
Exhibit P3 TRUE COPY OF THE REPLY STATEMENT FILED
BY THE SECOND RESPONDENT ON 23.08.2017
Exhibit P4 TRUE COPY OF THE REJOINDER FILED BY THE
RESPONDENT ON 07.01.2020.
Exhibit P5 TRUE COPY OF THE IMPUGNED ORDER PASSED
BY THE KERALA ADMINISTRATIVE TRIBUNAL ON
