Petitioner sought a direction for the Administrative Tribunal to dispose of an OA regarding appointment as Municipal Secretary before the expiry of the rank list. The High Court held the prayer was misconceived, noting the matter was pending before the Tribunal and dismissing the petition without examining merits.
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
THURSDAY, THE 23RD DAY OF JUNE 2016/2ND ASHADHA, 1938
OP(KAT).NO. 82 OF 2016 (Z)
--------------------------(O.A(TVPM) NO.2140/2015 ON THE FILE OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER(S)/APPLICANT:
M.SUGADHA KUMAR, S/O. LATE M. RADHAKRISHNAN NAIR, AGED 40, 16/465, DHANYAM, 2ND FLOOR, PRASANNA APARTMENT, KOPPAM, PALAKKAD.
BY ADV. SRI.LIJU. M.P
RESPONDENT(S)/RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
2. THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
3. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM POST,THIRUVANANTHAPURAM.
4. THE SECRETARY TO GOVERNMENT, SOCIAL JUSTICE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
BY GOVERNMENT PLEADER SHRI M.MUHAMMED SHAFI BY SRI.P.C.SASIDHARAN, SC, KPSC
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 23-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(KAT).NO. 82 OF 2016 (Z)
APPENDIX
PETITIONER(S)' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE MEMORANDUM OF OA (TVPM) 2140/2015 ON THE FILE OF THE KERALA ADMINISTRATIVE TRIBUNAL
RESPONDENT(S)' EXHIBITS: NIL
P.R. RAMACHANDRA MENON
&
ANIL K.NARENDRAN, JJ.
====================== O.P(KAT) No.82 of 2016
====================== Dated this the 23rd day of June, 2016
J U D G M E N T
RAMACHANDRA MENON, J.
Petitioner has approached this Court on 22.06.2016 with a strange prayer, seeking to pass
a direction to be given to the Kerala Administrative Tribunal, Thiruvananthapuram to dispose of Ext.P1 Original Application No.2140 of
2015 at the earliest, before 30.06.016 .
O.P(C) No.82 of 2016
-: 2 :-
under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The eligibility of the petitioner to have appointment in terms of the above provisions and also as to the claim for a posting against the roster at points 1, 34, 67 has not been properly considered and hence the challenge in the Original Application which has been filed with the following prayers:
“i) Declare that the applicant is entitled to be appointed as Municipal Secretary Grade-III in Urban Affairs Department, Kerala State, as per Annexure-A2 Rank list under the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
ii) Issue direction to the respondents to advise the applicant and also to appoint the applicant for the post of Municipal Secretary Grade-III in Urban Affairs Department, Kerala State, with immediate effect.
iii) Pass such other order or direction which this Honourable Tribunal may deem fit and proper to grant in the circumstances of the case.”
An interim relief was also prayed for before the
O.P(C) No.82 of 2016
-: 3 :-
Tribunal seeking to direct the respondents to keep in abeyance one vacancy of Municipal Secretary Grade-III, till the disposal of the Original Application. Apparently, the said relief is not seen granted by the Tribunal. The matter is still pending consideration before the Tribunal. The grievance projected in this Original Petition is with reference to the delay in finalising the proceedings stating that the rank list is going to expire by 30.06.2016 and hence the prayer to have
the Original Application disposed of before 30.06.2016.
before this Court on 22.06.2016 despite the fact that the O.A was pending consideration before the Tribunal from December, 2015 onwards. Petitioner was aware of the validity of the rank list and if any interim order was necessary to subserve the main relief, it was quite open for the petitioner to
O.P(C) No.82 of 2016
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approach the Tribunal by appropriate proceedings.
Even otherwise, considering the nature of the reliefs sought for, no magical power is vested either with this Court or the Tribunal to have the proceedings finalised within such a short time. The Original Application pending before the Tribunal is listed for hearing on 08.07.2016. Only 'five' working days are left between this day and 30.06.2016. The prayer itself is misconceived and this Court finds that the petitioner ought not to have approached this Court with such a relief seeking interference of this Court.
learned Standing Counsel for the Public Service Commission, is that there is absolutely no basis
for the claim to her appointment with reference to the slots at “1, 34, 67” in the roster, as it can only be at the roster levels of “33, 66 and 99”. If the first vacancy is to be given to a person like
O.P(C) No.82 of 2016
the petitioner, it will virtually amount to 100% reservation, which is not contemplated under the Statute. This Court does not find it necessary to go into the merits of the case, as the issue is pending consideration before the Tribunal. If the petitioner is desirous of getting any interim relief, to support the main relief, it is open for the petitioner to move the Tribunal.
Without prejudice to such rights and
interests, the Original Petition is dismissed.
P.R. RAMACHANDRA MENON, JUDGE.
ANIL K.NARENDRAN, JUDGE.
vsv
2 issues framed by the court
Whether this Court has jurisdiction to direct the Administrative Tribunal to dispose of an original application before a specific date.
Whether the claim for appointment is maintainable given the discrepancy in roster levels cited by the petitioner.
M.Sugadha Kumar
State of Kerala
The Secretary to the Government, Local Self Government Department
The Kerala Public Service Commission
The Secretary to the Government, Social Justice Department
P.R. Ramachandra Menon
Anil K. Narendra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
