Petitioners challenging the Kerala Administrative Tribunal order regarding seniority lists of clerks. All counsel submitted the matter was infructuous. The High Court dismissed the Original Petition as infructuous on 09.01.2020.
The Original Petition (KAT) was dismissed as infructuous.
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 K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 09TH DAY OF JANUARY 2020 / 19TH POUSHA, 1941
OP(KAT).No.2721 OF 2013(Z)
AGAINST THE ORDER/JUDGMENT IN TA 2769/2012 DATED 07-03-2013 OF KERALA ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/S:
1 EDGAR MANCHEAL, UPPER DIVISION CLERK(HR.GR.),DIRECTORATE OF HEALTH ERVICES,THIRUVANANTHAPURAM 695 034 (NOW HEAD CLERK)
BY ADVS. SRI.B.RAGHUNATHAN SRI.G.GOPALAKRISHNA PILLAI SRI.M.SALIM SRI.R.SRINATH SRI.VIPIN VARGHESE
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT,HEALTH & FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM 695 001
O.P(KAT) No. 2721/2013
2
CLERK(HR.GR),DIRECTORATE OF HEALTH SERVICES,THIRUVANANTHAPURAM 695 034(NOW JUNIOR SUPERINTENDENT)
R1-2 BY GOVERNMENT PLEADER R3-6 BY ADV. SRI.P.NANDAKUMAR R7 BY ADV. SRI.A.K.RAGHUNATHAN R7 BY ADV. SRI.P.SAJU
OTHER PRESENT:
SR.GP SRI.ANTONY MUKKATH
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 09.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P(KAT) No. 2721/2013
3
JUDGMENT
Dated this the 9th day of January 2020
K. VINOD CHANDRAN, J
Both counsel submit that the matter has become infructuous. The Original Petition (KAT) is dismissed as infructuous.
Sd/-
K.VINOD CHANDRAN
JUDGE
Sd/-
V.G.ARUN
JUDGE
jma
O.P(KAT) No. 2721/2013
4
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE 2969 of 2012. |
ORDER DATED 7.3.2013 IN Ta |
|---|---|---|
| EXHIBIT P2 | TRUE COPY OF THE THE 1ST RESPONDE |
LETTER DATED 9.11.2010 OF NT. |
| EXHIBIT P1 | TRUE COPY OF THE THE 1ST RESPONDE |
LETTER DATED 9.11.2010 OF NT. |
| EXHIBIT P2 | TRUE COPY OF THE THE 2ND RESPONDE |
ORDER DATED 16.4.1990 OF NT. |
| EXHIBIT P3 | TRUE COPY OF THE THE 2ND RESPONDE |
ORDER DATED 24.4.1990 OF NT. |
| EXHIBIT P4 | TRUE COPY OF THE THE 2ND RESPONDE |
ORDER DATED 10.10.1990 OF NT. |
| EXHIBIT P5 | TRUE COPY OF THE 1.11.1991 TO THE |
ORDER OF PROMOTION DATED POST OF UD CLERK. |
| EXHIBIT P6 | TRUE COPY OF THE IN WP(C) NO. 333 |
JUDGMENT DATED 16.06.2009 75 OF 2008-W. |
| EXHIBIT P7 | TRUE COPY OF THE ALONG WITH THE D CLERKS. |
ORDER DATED 29.9.2010 RAFT SENIORITY LIST OF UD |
| EXHIBIT P8 | TRUE COPY OF THE CLERKS PUBLISHED |
FINAL SENIORITY LIST OF UD ON 1.11.2010 |
| EXHIBIT P9 | TRUE COPY OF THE IN WP(C) NO. 333 |
AFFIDAVIT DATED 4.6.2009 75 OF 2008-W. |
| EXHIBIT P3 | TRUE COPY OF THE 10.1.2011 OF THE |
COUNTER AFFIDAVIT DATED 1ST RESPONDENT. |
| EXHIBIT P4 | TRUE COPY OF THE 3.1.2012 OF 2ND R2(A) |
COUNTER AFFIDAVIT DATED RESPONDENT ALONG WITH EXT. |
O.P(KAT) No. 2721/2013
5
| EXHIBIT R2(A) | TRUE COPY OF G.O(RT) NO. 4321/2011/H & FWD DATED 15.12.2011. |
|---|---|
| EXHIBIT P5 | TRUE COPY OF THE COUNTER AFFIDAVIT DATED 2.12.2010 OF RESPONDENTS 3 TO 6 ALONG WITH EXTS. R5(A) , (B) AND (C). |
| EXHIBIT R5(A) | TRUE COPY OF ORDER NO. ES2-91940/93/DHS DATED 26.7.1997. |
| EXHIBIT R5(B) | TRUE COPY OF COMMUNICATION NO. 17940/H1/2008/H&FWD DATED 31.3.2010. |
| EXHIBIT R5(C) | TRUE COPY OF PROCEEDINGS NO. 17940/H1/2008/H&FWD DATED 7.5.2010. |
| EXHIBIT P6 | TRUE COPY OF THE ADDITIONAL COUNTER AFFIDAVIT DATED 4.1.2012 OF RESPONDENTS 3 TO 6 ALONG WITH EXTS. R5(D) AND (E) AND PETITION. |
| EXHIBIT R5(D) | TRUE COPY OF GO(RT.) NO. 4321/2011/H& FWD DATED 15.12.2011. |
| EXHIBIT R5(E) | TRUE COPY OF ORDER NO. ES2 (SPECIAL CELL) 106163/03/DHS DATED 24.12.2011 ALONG WITH SENIORITY LIST. PETITION TO ACCEPT ON RECORD THE ADDL. COUNTER AFFIDAVIT AND THE DOCUMENTS. |
| EXHIBIT P7 | TRUE COPY OF THE REJOINDER STATEMENT DATED 26.3.2012 ALONG WITH ANNEXURES A10 TO A12. |
| ANNEXURE A10 | TRUE COPY OF THE CIRCULAR DATED 4.7.2011 OF THE 2ND RESPONDENT. |
| ANNEXURE A11 | TRUE COPY OF THE FINAL PROVISIONAL SENIORITY LIST OF UD CLERKS PUBLISHED IN THE ORDER DATED 24.12.2011. |
| ANNEXURE A12. | TRUE COPY OF THE JUDGMENT DATED 5.1.2000 IN W.A. NO. 880 OF 1998. |
| EXHIBIT P8 | TRUE COPY OF THE APPLICATION FOR AMENDMENT DATED 26.3.2012. |
| EXHIBIT P9 | TRUE COPY OF THE APPLICATION FOR AMENDMENT DATED 16.10.2012 ALONG WITH ANNEXS. A13 AND A14. |
O.P(KAT) No. 2721/2013
6
| ALONG WITH THE FINAL PROVISIONAL SENIORITY LIST OF UD CLERKS (RELEVANT PORTION) ISSUED BY THE 2ND RESPONDENT. |
|
|---|---|
| ANNEXURE A14 | TRUE COPY OF THE ORDER DATED 31.3.2012 OF THE 2ND RESPONDENT. |
| EXHIBIT P10 | TRUE COPY OF THE COUNTER AFFIDAVIT DATED 3.8.2011 OF THE 7TH RESPONDENT ALONG WITH ANNEDS. R7(A) TO R7(F) |
| ANNEXURE R7(A) | TRUE COPY OF THE LATEST PROMOTION ORDER DATED 6.7.2010 PROMOTING 40 HEAD CLERKS AS JUNIOR SUPERINTENDENT ISSUED BY THE 2ND RESPONDENT. |
| ANNEXURE R7(B) | TRUE COPY OF THE APPLICATION FOR SEEKING INFORMATION UNDER RIGHT TO INFORMATION ACT, 2005 DATED 8.6.2011. |
| ANNEXURE R7(C) | TRUE COPY OF THE REPLY DATED 5.7.2011 ISSUED BY THE PUBLIC INFORMATION OFFICER. |
| ANNEXURE R7(D) | TRUE PHOTOCOPY OF THE LETTER DATED 14.6.2011 ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT. |
| ANNEXURE R7(E) | TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE FINAL SENIORITY LIST DATED 19.8.2006. |
| ANNEXURE R7(F) | TRUE PHOTOCOPY OF THE REPRESENTATION DATED 11.7.2011 TOGETHER WITH COVERING LETTER ADDRESSED TO THE 2ND RESPONDENT. |
EDGAR MANCHEAL
N.PADMAKUMAR
ABDUL SALIM V.M
STATE OF KERALA
SMT.A.SHADIDA BEEVI
C.V MOHANAKUMAR
K.VINOD CHANDRAN
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
