The High Court dismissed the Original Petition challenging the Kerala Administrative Tribunal's order which rejected the transfer of a writ petition regarding service regularisation, holding no grounds for interference.
The Original Petition fails and is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON &
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
WEDNESDAY, THE 25TH DAY OF MAY 2016/4TH JYAISHTA, 1938
OP(KAT).No. 42 of 2016 (Z)
AGAINST THE ORDER DTD.6.11.2015 IN T.A.No.4935/2012
OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM BENCH
PETITIONER/APPLICANT IN T.A.:
RAJESH KUMAR.G., AGED 42 YEARS, S/O GIRIRAJAN, INDIRA NIVAS, KAPPIL MUKKU, KRISHNAPURAM (PO), KERALA.
BY ADVS.SRI.M.V.THAMBAN
SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SMT.K.G.SAROJINI
RESPONDENTS/RESPONDENTS IN TA:
BY SR.GOVERNMENT PLEADER SRI.M.MOHAMMED SHAFI
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 25-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(KAT).No. 42 of 2016 (Z)
APPENDIX
PETITIONERS' ANNEXURES:-
ANNEXURE A1 : COPY OF THE MEMORANDUM OF T.A.No.4935/2012 ON THE FILES OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM BENCH. ANNEXURE A2 : COPY OF THE ORDER DTD.6.11.2015 IN T.A.No.4935/2012 OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM BENCH. ANNEXURE A3 : COPY OF THE COUNTER AFFIDAVIT IN T.A.No.4935/2012 OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM BENCH. RESPONDENTS' ANNEXURES : NIL.
True copy
P.A to Judge
P.R.RAMACHANDRA MENON & ANIL K.NARENDRAN, JJ.
O.P.(KAT)No.42 of 2016
-----------------------------------------------------------------Dated this the 25th day of May, 2016
JUDGMENT
Anil K.Narendran, J.
The petitioner is the applicant in T.A.No.4935/2012 on the file of the Kerala Administrative Tribunal, Thiruvananthapuram. The said Transfer Application arises out of W.P.(C) No.18761/2008 filed by the petitioner on 20.6.2008 before this Court seeking a declaration that he is entitled to be regularised as part time Sweeper in terms of G.O.(P)No.501/2005/Fin. dated 25.11.2005 and seeking an order directing the 4th respondent to permit him to continue as part time Sweeper.
O.P.(KAT)No.42 of 2016
2
personally heard on 4.2.2008 and a detailed report was forwarded to the Government vide office letter dated 12.2.2008. Thereafter the 1st respondent passed Order No.5871/08/Fin. Dated 16.7.2008 (a copy of which is produced before this Court as Ext.P9 along with I.A.No.477/2016) rejecting the claim made by the petitioner for regularisation.
O.P.(KAT)No.42 of 2016
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O.P.(KAT)No.42 of 2016
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Application holding that, no relief can be granted. The reasoning of the Tribunal in this regard in Annexure A2 order dated 6.11.2015 is neither perverse nor patently illegal warranting an interference by this Court in exercise of the supervisory jurisdiction under Article 227 of the Constitution of India.
In that view of the matter we find absolutely no grounds to interfere with Annexure A2 order passed by the Tribunal. In the result, the O.P. fails and the same is dismissed.
Sd/-
P.R.RAMACHANDRA MENON, JUDGE
Sd/- ANIL K.NARENDRAN, JUDGE
skj
True copy
P.A to Judge
1 issue framed by the court
Whether the Tribunal's order rejecting the transfer of a writ petition warrants interference under Article 227 of the Constitution of India.
RAJESH KUMAR.G.
STATE OF KERALA
THE DIRECTOR OF HOMOEOPATHY
DISTRICT MEDICAL OFFICER (HOMOEOPATHY), ALAPPUZHA
MEDICAL OFFICER, GOVT. HOMOEO DISPENSARY, PATHIYOOR
P.R.RAMACHANDRA MENON
ANIL K.NARENDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
