Dismissed

Sajith Kumar C.K v. the State of Kerala

Kerala HC23 Oct 2020OP(KAT)/457/2019

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed an appeal against an order of the Kerala Administrative Tribunal. The Tribunal had upheld a departmental decision that evidence did not support the claim of unreported vacancies before the ranked list expired, despite directing the filling of four specific transfer vacancies from the same list.

What did the court decide?

The original petition challenging the Tribunal's order dismissing the case and directing transfer appointments was dismissed.

Sajith Kumar C.K Vs the State of Kerala — 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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FRIDAY, THE 23RD DAY OF OCTOBER 2020 / 1ST KARTHIKA, 1942

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OP(KAT).No.457 OF 2019

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AGAINST THE ORDER IN OA 631/2018 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM DATED 25-07-2019

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PETITIONERS/APPLICANTS:

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1 SAJITH KUMAR C.K AGED 34 YEARS, S/O.BALAN.C.K.(LATE), LAYAM HOUSE, CHEMMARATHUR (PO), VATAKARA (VIA.), KOZHIKODE-673104.

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2 SUGATHA.T. AGED 45 YEARS,W/O.BALAN, PARAMBATH, KANNADIPOYIL(PO), BALUSSERY, KOZHIKODE-673612.

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3 REENA.B. AGED 36 YEARS, D/O.BADARUDHEEN, VARADANAM, MANALY, PULIPPARA.(PO), KADAKKAL, KOLLAM-691536.

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4 KARUNAKARAN.T.P. AGED 43 YEARS S/O.ANANDAN NAIR, THAYYULLAPARAMBIL (H), KOOTHALI(PO), PERAMBRA, KOZHIKODE-673525.

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5 GEETHA.K. AGED 46 YEARS

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W/O.T.RAMAKRISHNAN, YADUKULAM, THIMIRI(PO),

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CHERUVATHUR (VIA), KASARAGOD.

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6 POURNAMY.S.Y. AGED 36 YEARS D/O.SIVARAJAN, ALUVILAPUTHAN VEEDU, VANYAJODU, PARASSALA.P.O., THIRUVANANTHAPURAM-695502.

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7 PRASHIJA.V.N. AGED 43 YEARS,W/O.PRAKASHAN.K., SIVAGANGA, CHALODE, EDAYANNUR(PO), KANNUR-670595.

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OP (KAT) No.457/2019

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8 PAVITHRAN.V.V. AGED 48 YEARS S/O.LATE JANAKI, VADAKKEVALAPPIL, PALIYERI, KARIVALLUR (PO), KANNUR-670521.

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BY ADVS.

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SRI.M.P.SREEKRISHNAN SRI.A.MUHAMMED MUSTHAFA

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RESPONDENTS/RESPONDENTS:

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1 THE STATE OF KERALA, REPRESENTED BY IT SECRETARY TO THE GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, KERALA-695001.

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2 THE DIRECTOR OF HIGHER SECONDARY EDUCATION, OFFICE OF THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SHANTHI NAGAR, THIRUVANANTHAPURAM-695001.

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3 THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM-695004.

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OTHER PRESENT:

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R1 & R2 BY ADV. SRI. P.N. SANTHOSH- SR.G.P. R3 BY ADV. P.C. SASIDHARAN, SC, PSC

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THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 23.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP (KAT) No.457/2019

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J U D G M E N T

DATED THIS THE 23^rd DAY OF OCTOBER, 2020

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Shaffique, J:

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The applicants in O.A. No.631/2018 are before us challenging order dated 25-07-2019 by which the original application was disposed of by granting a limited relief.

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The applicants were candidates who were in the ranked list prepared pursuant to a notification issued by the Public Service Commission for filling up of vacancies of Higher Secondary School Teachers in Political Science and Malayalam. The ranked list was published on 09-01-2014 and it expired on 30-06-2017. Though the original application was filed as OA No.1269/2017 seeking a direction to report the vacancies, pursuant to an order passed in the said case, nothing was done in the matter. Subsequently, the Director of Higher Secondary Education passed an order based on a direction issued by the Kerala Administrative Tribunal that no further vacancies were available to be reported. However, contention urged by the petitioners was that even before expiry of the ranked list there were 23 vacancies and therefore direction has to be issued to the Government to report those vacancies and consequently a

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OP (KAT) No.457/2019

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direction was sought for against the Public Service Commission to advise those candidates.

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The Tribunal after considering the respective contentions found that there is no evidence to prove that there were sufficient vacancies as contended by the petitioners before the expiry of the ranked list. However, it was found that 4 vacancies had to be set apart for filling up 'by transfer appointments', which vacancies were available even before expiry of the ranked list. The Tribunal directed those 4 vacancies to be filled up from the ranked list in question in the post of HSST (Junior) Malayalam. Learned counsel for the petitioners however would submit that the Tribunal had not considered the contentions of the parties in the proper perspective, in so far as the vacancy position was not considered properly.

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But after hearing learned counsel for the petitioners and learned Government Pleader appearing on behalf of respondents 1 & 2 and having perused the records, we are of the view that the Tribunal had considered the specific question as to whether there were sufficient vacancies which were available prior to the expiry of the ranked list. It was found that the material placed on record did not indicate any such vacancies and therefore the Tribunal did not find any error on the part of

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OP (KAT) No.457/2019

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the concerned department in not reporting the vacancies. However, with reference to 4 'by transfer vacancies' which were available even during the relevant time, direction has been issued to fill up those vacancies from the ranked list.

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Having regard to the aforesaid facts and circumstances of the case, we do not think that any error has been committed by the Tribunal in rejecting the plea of the petitioners. Accordingly we dismiss the original petition.

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(Sd/-) A.M. SHAFFIQUE, JUDGE.

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(Sd/-) GOPINATH P., JUDGE.

AMG

OP (KAT) No.457/2019

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APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	A TRUE COPY OF OA. ANNEXURES.	631 OF 2018 ALONG WITH
ANNEXURE P1(A1)	A TRUE COPY OF THE 30.4.2010.	NOTIFICATION, DATED
ANNEXURE P1(A2)	A TRUE COPY OF THE 30.4.2010.CIRCULAR 18.1.2017.	NOTIFICATION, DATED NO.RULES 1/55/2017, DATED
ANNEXURE P1(A3)	A TRUE COPY OF THE OA(EKM) 1269/2017.	ORDER, DATED 23.10.2017 IN
ANNEXURE P1(A4)	A TRUE COPY OF THE ALONG WITH DOCUMEN	PETITION, DATED 26.2.2018 TS.
ANNEXURE P1(A5)	A TRUE COPY OF THE PROCEEDINGS, DATED	RELEVANT PAGES OF THE 5.3.2018.
ANNEXURE P1(A6)	A TRUE COPY OF THE NO.ADC3/40595/HSE/	CIRCULAR 16, 6.6.2017.
ANNEXURE P1(A7)	A TRUE COPY OF THE NO.ADC3/40595/HSE/	CIRCULAR 16, 21.6.2017.
ANNEXURE P1(A8)	A TRUE COPY OF THE NO.ADC5/89024/HSE/	CIRCULAR 17, 28.3.2018.
ANNEXURE P1(A9)	A TRUE COPY OF THE MA(EKM)342 OF 2018	ORDER, DATED 5.4.2018 IN ON OA(EKM) 1269 OF 2017.
EXHIBIT P2	CERTIFIED COPY OF IN OA.631 OF 2018.	THE ORDER, DATED 25.7.2019

Sajith Kumar C.K v. the State of Kerala

Case brief

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Sajith Kumar C.K v. the State of Kerala

Case brief

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