Dismissed

Abdul Gafoor.T v. State of Kerala

Kerala HC6 Mar 2019OP(KAT)/46/2019

Case brief

AI extract

What is this about?

The High Court of Kerala, in supervisory jurisdiction, disposed of an original petition challenging an order dated 01.10.2018 of the Kerala Administrative Tribunal. The Court dismissed the petition, holding that the Tribunal had not erred in finding that vacancies were filled lawfully after the original ranked list expired.

What did the court decide?

The original petition filed by the petitioners was dismissed.

Abdul Gafoor.T Vs State of Kerala — Service and Employment | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

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THE HONOURABLE MR. JUSTICE A.M.BABU

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WEDNESDAY,THE 06TH DAY OF MARCH 2019 / 15TH PHALGUNA, 1940

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OP(KAT).No. 46 of 2019

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AGAINST THE ORDER/JUDGMENT IN OA 1306/2016 of KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM DATED 01-10-2018

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PETITIONER/S:

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1 ABDUL GAFOOR.T, AGED 48 YEARS,S/O. MUHAMMED THERAMBIL HOUSE, KALAVU, MAKKARAPARAMBA P.O., MALAPPURAM 676 507, KERALA.

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2 SARFUDDEEN VELIPPURAVAN,AGED 37 YEARS, S/O. MOIDEENKUTTY V.P., VALIYAVEETIL HOUSE, KUNIYIL, VADINOOR, KIZHUPARAMBA P.O., AREACLDE, MALAPPURAM 673 639.

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BY ADVS. SRI.KALEESWARAM RAJ KUM.A.ARUNA KUM.THULASI K. RAJ SMT.MAITREYI SACHIDANANDA HEGDE SMT.RIYA RAYMOL IYPE SRI.VARUN C.VIJAY

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM 695 001.

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2 DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, KASARGOD 671 001, KERALA.

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3 KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY SECRETARY TO KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM 695 004, KERALA.

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4 THE DISTRICT OFFICER,KERALA PUBLIC SERVICE COMMISSION DISTRICT OFFICE, CIVIL STATION, KASARGOD 671 001, KERALA.

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5 AFZAL.K.,AGED 38 YEARS,S/O. ABDURAHIMAN.K., OTTAPALAKKAL HOUSE, ALUNGAL, PULIKKAL P.O., MALAPPURAM 673 637, KERALA.

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OTHER PRESENT:

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SRI.ANTONY MUKKATH-GP

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THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 06.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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OP(KAT).No. 46 of 2019

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JUDGMENT

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V.CHITAMBARESH, J.

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The Tribunal has noticed that the Original Application was preferred much after the expiry of the ranked list on 14.12.2015. The Tribunal has also found that the NCA vacancies that arose during the currency of the ranked list were filled up from NCA ranked list subsequently finalised. The NJD vacancies were reported after the expiry of the ranked list and the relinquishments by two others were also received much after on 1.8.2016 and 20.8.2016. We do not think that the Tribunal has in any way erred warranting interference in this supervisory jurisdiction.

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The Original Petition is dismissed.

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sd/-

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V.CHITAMBARESH Judge

sd/-

A.M.BABU Judge

sks/6.3.2019

OP(KAT).No. 46 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE ORDER DATED 1.10.2018 IN O.A. EKM NO. 1306/2016. EXHIBIT P2 TRUE COPY OF THE MEMORANDUM OF O.A (EKM) NO. 1306/2016 TOGETHER WITH ANNEXURES EXHIBIT P3 TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF RESPONDENTS 3 AND 4 IN O.A. EKM 1306/2016. EXHIBIT P4 TRUE COPY OF THE ADDITIONAL REPLY STATEMENT ON BEHALF OF THE RESPONDENTS 3 AND 4 IN OA EKM 1306/16 EXHIBIT P5 TRUE COPY OF THE ORDER DATED 28.7.2017 IN OA 226/2016

Abdul Gafoor.T v. State of Kerala

Case brief

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Abdul Gafoor.T v. State of Kerala

Case brief

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