Dismissed

The Administrator v. Subaidabi C.P.

Kerala HC22 Oct 2020OP (CAT)/179/2020

Case brief

AI extract

What is this about?

The High Court dismissed original petitions challenging a Central Administrative Tribunal order maintaining status quo for school principals reverted by administration. The court held balance of convenience favored applicants due to their long service.

What did the court decide?

Original Petitions standing dismissed. Administration to file reply within two weeks; Tribunal to dispose finally within three months.

The Administrator Vs Subaidabi C.P. — Service and Employment | Kerala HC (2020)

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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 A.M.SHAFFIQUE

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THE HONOURABLE MR. JUSTICE GOPINATH P.

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THURSDAY, THE 22ND DAY OF OCTOBER 2020 / 30TH ASWINA, 1942

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OP (CAT).No.177 OF 2020

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AGAINST THE ORDER IN OA 225/2020 DATED 17-07-2020 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH

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PETITIONERS/RESPONDENTS IN THE OA:

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1 THE ADMINISTRATOR

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UNION TERRITORY OF LAKSHADWEEP, KAVARATTI-682555.

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2 THE DIRECTOR OF EDUCATION, UNION TERRITORY OF LAKSHADWEEP, KAVARATTI-682555.

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3 THE CHIEF EXECUTIVE OFFICER, LAKSHADWEEP DISTRICT PANCHAYAT (EDUCATION), KAVARATTI-682555.

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BY ADV. SRI.MANU.S, SCGC, ADMINISTRATION OF THE UNION TERRITORY OF LAKSHADWEEP

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RESPONDENT/APPLICANT IN OA:

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MOHAMMED IQUBAL C.,

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AGED 45 YEARS, S/O. KUNHIKOYA C., PRINCIPAL (AD-HOC) GOVERNMENT SENIOR SECONDARY SCHOOL FOR SCIENCE, KAVARATTI-682555, PERMANENT ADDRESS-CHERIYAPPADA HOUSE, AGATI ISLAND, UNION TERRITORY OF LAKSHADWEEP682553.

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BY SRI. T.C. GOVINDASWAMY

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THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 22.10.2020, ALONG WITH OP (CAT).179/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(CAT).Nos. 177 & 179 of 2020

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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 A.M.SHAFFIQUE

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THE HONOURABLE MR. JUSTICE GOPINATH P.

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THURSDAY, THE 22ND DAY OF OCTOBER 2020 / 30TH ASWINA, 1942

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OP (CAT).No.179 OF 2020

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AGAINST THE ORDER DATED 17.7.2020 IN OA 224/2020 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH

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PETITIONERS/RESPONDENTS IN THE OA:

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1 THE ADMINISTRATOR

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UNION TERRITORY OF LAKSHADWEEP, KAVARATTI-682555.

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2 THE DIRECTOR OF EDUCATION, UNION TERRITORY OF LAKSHADWEEP, KAVARATTI-682555.

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3 THE CHIEF EXECUTIVE OFFICER, LAKSHADWEEP DISTRICT PANCHAYAT (EDUCATION), KAVARATTI-682555.

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BY ADV. SRI.MANU.S, SCGC, ADMINISTRATION OF THE UNION TERRITORY OF LAKSHADWEEP

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RESPONDENT/APPLICANT IN A:

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SUBAIDABI C.P., AGED 49 YEARS, D/O. C.G. CHERIYAKOYA., PRINCIPAL (AD-HOC), DISTRICT INSTITUTE OF EDUCATION AND TRAINING, KAVARATTI-682555, RESIDENT OF GOVERNMENT QUARTERS NO.D22, NEAR IRBN CAMP, KAVARATTI-682555.

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BY SRI. T.C. GOVINDASWAMY

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THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 22.10.2020, ALONG WITH OP (CAT).177/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(CAT).Nos. 177 & 179 of 2020

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JUDGMENT

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Dated this the 22^nd day of October 2020

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Gopinath, J

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These original petitions have been filed challenging a common interim order dated 17.7.2020 in O.A.Nos. 181/224/2020 and 181/225/2020 through which the Tribunal directed the maintenance of status quo ante in respect of the applicants before the Tribunal as a result of which, the applicants who were working as Principals in a Government School/Institute and were reverted by the Administration, would be allowed to continue as Principals, pending the final adjudication of the lis.

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Learned Standing Counsel appearing for the Lakshadweep Administration would contend that on reversion of the applicants, other persons had been given charge of the post of Principal and the direction issued by the Tribunal to restore status quo ante would create difficulty in as much as the persons now given charge will have to be reverted to accommodate the applicants. He would also submit that the applicants had no right to continue as Principals.

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We notice from the order passed by the Tribunal that the applicants before the Tribunal have been working for more than 9 years as Principals and it was only thereafter that the alleged mistake in permitting

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O.P.(CAT).Nos. 177 & 179 of 2020

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their ad-hoc appointment to continue beyond the stipulated time was noticed by the Administration. Considering the fact that the applicants before the Tribunal had continued working in the posts in question for a considerable number of years, we are of the opinion that the balance of convenience was clearly in their favour and that the Tribunal has clearly not misdirected itself in law warranting interference with the order in exercise of our jurisdiction under Article 227 of the Constitution of India. These Original Petitions will therefore stand dismissed.

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However, considering the factual circumstances of the case, we direct that the Lakshadweep Administration shall file their reply statement within a period of two weeks from today and in such event, the Tribunal shall endeavor to dispose of the matters finally within a period of three months from the date of receipt of a certified copy of this judgment.

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We make it clear that, we have not expressed any opinion on the merits of the claim of the applicants and the Tribunal will dispose of the matter untrammeled by any observation made in this judgment.

Sd/-

A.M.SHAFFIQUE

JUDGE

Sd/-

GOPINATH P.

True copy JUDGE

P.A. To Judge

O.P.(CAT).Nos. 177 & 179 of 2020

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APPENDIX OF OP (CAT) 177/2020

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PETITIONERS' EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE INTERIM ORDER DATED 17/07/2020 IN OA 224/2020 AND OA 225/2020 ON THE FILE OF THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. EXHIBIT P2 TRUE COPY OF THE OA NO.225/2020 ALONG WITH ANNEXURES. ANNEXURE A1 A TRUE COPY OF THE ORDER BEARING F. NO.18/2/2011-EDN/309 DATED 01/06/2020 ISSUED BY THE SECOND RESPONDENT. ANNEXURE A2 A TRUE COPY OF THE ORDER BEARING F. NO.18/2/2011-EDN/EDN/ESTT/310 DATED 03/06/2020 ISSUED BY THE SECOND RESPONDENT. ANNEXURE A3 TRUE COPY OF FIRST RESPONDENT'S ADMINISTRATOR BY LETTER BEARING NO.18/30/2006-EDN/ESTT DATED 17/02/2011. ANNEXURE A4 A TRUE COPY OF ORDER BEARING F. NO. 18/2/2011-EDN/ESTT(2)/955 DATED 30/03/2011, ISSUED BY THE SECOND RESPONDENT. ANNEXURE A5 TRUE COPY OF THE ORDERS BEARING F. NO.60/02/2005/EDN (AW) DATED 21/01/2016 ISSUED BY THE SECRETARY EDUCATION. ANNEXURE A6 TRUE COPY OF THE REPRESENTATION DATED 11/02/2020 ADDRESSED TO THE FIRST RESPONDENT ADMINISTRATOR. ANNEXURE A7 A TRUE COPY OF THE REPRESENTATION DATED 04/04/2020 ADDRESSED TO THE FIRST RESPONDENT. ANNEXURE A8 TRUE COPY OF THE COMMUNICATION BEARING F. NO.18/2/2011-EDN/ESTT/(1570 DATED 23/12/2019 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P3 TRUE COPY OF THE STATEMENT FILED BY THE SENIOR STANDING COUNSEL FOR LAKSHADWEEP ADMINISTRATION IN OA 225/2020. EXHIBIT P4 TRUE COPY OF THE DOPT INSTRUCTIONS PLACED BEFORE THE HON'BLE TRIBUNAL FOR CONSIDERATION.

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O.P.(CAT).Nos. 177 & 179 of 2020

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APPENDIX OF OP (CAT) 179/2020

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PETITIONERS' EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE INTERIM ORDER DATED 17/07/2020 IN OA 224/2020 AND OA 225/2020 ON THE FILE OF THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.
EXHIBIT P2	TRUE COPY OF THE OA NO.224/2020 ALONG WITH ANNEXURES.
ANNEXURE A1	A TRUE COPY OF THE ORDER BEARING F. NO.18/2/2011-EDN/309 DATED 01/06/2020 ISSUED BY THE SECOND RESPONDENT.
ANNEXURE A2	A TRUE COPY OF THE ORDER BEARING F. NO.18/2/2011-EDN/ESTT/310 DATED 03/06/2020 ISSUED BY THE SECOND RESPONDENT.
ANNEXURE A3	TRUE COPY OF FIRST RESPONDENT'S ADMINISTRATOR BY LETTER BEARING NO.18/30/2006-EDN/ESTT DATED 17/02/2011.
ANNEXURE A4	A TRUE COPY OF ORDER BEARING F. NO. 18/2/2011-EDN/ESTT(2)/955 DATED 30/03/2011, ISSUED BY THE SECOND RESPONDENT.
ANNEXURE A5	TRUE COPY OF THE ORDERS BEARING F. NO.60/02/2005/EDN (AW) DATED 21/01/2016 ISSUED BY THE SECRETARY EDUCATION.
ANNEXURE A6	TRUE COPY OF THE REPRESENTATION DATED 11/02/2020 ADDRESSED TO THE FIRST RESPONDENT ADMINISTRATOR.
ANNEXURE A7	A TRUE COPY OF THE REPRESENTATION DATED 10/03/2020 ADDRESSED TO THE FIRST RESPONDENT.
ANNEXURE A8	TRUE COPY OF THE COMMUNICATION BEARING F. NO.18/2/2011-EDN/ESTT/(1570 DATED 23/12/2019 ISSUED BY THE SECOND RESPONDENT.
EXHIBIT P3	TRUE COPY OF THE STATEMENT FILED BY THE SENIOR STANDING COUNSEL FOR LAKSHADWEEP ADMINISTRATION IN OA 224/2020.
EXHIBIT P4	TRUE COPY OF THE DOPT INSTRUCTIONS PLACED BEFORE THE HON'BLE TRIBUNAL FOR CONSIDERATION.

The Administrator v. Subaidabi C.P.

Case brief

What is this about?

What did the court decide?

The Administrator v. Subaidabi C.P.

Case brief

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