Partly allowed

Vishnu Mohanan v. State of Kerala

Kerala HC5 Mar 2021OP(KAT)/60/2021

Case brief

AI extract

What is this about?

High Court modified Kerala Administrative Tribunal order permitting petitioner provisional transfer to LSDD. Court directed petitioner permitted to continue in Police Department pending disposal of application with effect of retrospective G.O.

What did the court decide?

Tribunal order modified to permit petitioner to continue in Police Department pending disposal of retention representation in light of new G.O.

Vishnu Mohanan Vs State of Kerala — Service and Employment | Kerala HC (2021)

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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 ALEXANDER THOMAS

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THE HONOURABLE MR.JUSTICE K. BABU

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FRIDAY, THE 05TH DAY OF MARCH 2021 / 14TH PHALGUNA, 1942

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OP(KAT).No.60 OF 2021

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AGAINST THE ORDER IN OA 150/2021 OF KERALA ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM

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PETITIONER/PETITIONER IN O.A:

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VISHNU MOHANAN AGED 28 YEARS S/O.LATE MOHANAN NAIR, LOWER DIVISION CLERK, DISTRICT POLICE OFFICE, KOTTAYAM PIN 686 001, RESIDING AT ERUPPACKAL HOUSE, POOTHAKKUZHY P.O., PAMPADY, KOTTAYAM PIN 686 521.

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BY ADV. SRI.PAULSON THOMAS

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RESPONDENTS/RESPONDENTS IN O.A:

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1 STATE OF KERALA REP.BY THE SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION DEPARTMENT (CE CELL), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN 695 001.

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2 SECRETARY TO GOVERNMENT HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN 695 001.

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3 STATE POLICE CHIEF POLICE HEAD QUARTERS, THIRUVANANTHAPURAM PIN 695 001.

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4 DISTRICT POLICE CHIEF KOTTAYAM PIN 686 001.

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BY ADVS.

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SRI.B.VINOD, SR.GOVT.PLEADER

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THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 05.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(KAT)No.60/2021

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ALEXANDER THOMAS & K.BABU, JJ.

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O.P(KAT) No.60 of 2021

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[Arising out of the order dated 12-02-2021 in O.A No.150/2021 of KAT, Tvm Bench]

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Dated this the 5^th day of March, 2021

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JUDGMENT

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ALEXANDER THOMAS, J.

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The prayers in the afore captioned Original Petition filed under

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Articles 226 & 227 of the Constitution of India are as follows [See

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page No.10 & 11 of the paper book of this O.P]:

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“(i) Set aside/modify P5 final order dated 12-02-2021 in O.A Mo.150/2021 of the Kerala Administrative Tribunal, to the extent it doesn’t permit the applicant to continue in the Home Department till the Government consider A13 request of the petitioner directed to be considered in P5 order of the Tribunal.

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(ii) Issue further directions directing the 1^st respondent to consider A13 request of the petitioner withdrawing his consent for deployment, taking into account the fact that there is no policy of compulsory deployment of LD Clerks working in Home Department and further direct the respondents to permit the petitioner to continue as LD Clerk in the office of the 4^th respondent till finalization of A13 request by setting aside A14 relieving order.

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(iii) Issue any other writ, order or direction as deemed fit by this Honourable Court.”

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Heard Sri.Paulson Thomas, learned counsel appearing for

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the petitioner in the O.P/sole applicant in the O.A before the Tribunal and Sri.B.Vinod, learned Senior Government Pleader appearing for respondents in the O.P/respondents in the O.A before the Tribunal.

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The prayers in Ext.P1 O.A No.150/2021 filed by the petitioner herein before the Kerala Administrative Tribunal,

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OP(KAT)No.60/2021

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Thiruvananthapuram Bench are as follows [See page No.29 & 30 of

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this paper book]:

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“(i) Declare that non acceptance of applicant’s request withdrawing his consent for redeployment to LSGD is arbitrary, illegal and violative of Article 14.

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(ii) Set aside A4 Government order redeploying the applicant to LSGD and the consequential orders A5, A9 and A10 in so far as it concerns the applicant and also A12 communication of the 1^st respondent.

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(iii) Issue appropriate directions directing the respondents to permit the applicant to continue in the Home Department.

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(iv) Set aside A14 relieving order.

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(v) To grant such other reliefs as may be prayed for in the circumstances of the case.

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The Tribunal after hearing both sides has rendered the

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impugned Ext.P5 final order dated 12-02-2021 in O.A No.150/2021, wherein the following directions have been issued at para 5 on internal page No.5 thereof [See page 88 of this paper book of this O.P], which reads as follows:

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“ The Original Application is disposed of directing the 1^st respondent to consider and pass appropriate orders on Anx.A13 representation in accordance with law and affording an opportunity of hearing/virtual hearing to the applicant within a period of 2 months from the date of receipt of a certified copy of this order. In the meanwhile, the applicant is permitted to join duty at Vengad Grama Panchayat as per Anx.A10 order. It is made clear that the redeployment to the LSGD and his posting at Vengad Grama Panchayat as per Anx.A10 will be treated as provisional subject to the final orders to be issued by the 1^st respondent on Anx.A13 representation.”

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The petitioner is fully satisfied in the main directions issued

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by the Tribunal inasmuch as the 1^st respondent in the O.A had been directed to consider and pass orders on Anx.A13 representation filed by him in accordance with law and after hearing him within two

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OP(KAT)No.60/2021

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months, etc. But the petitioner is aggrieved by Ext.P5 to the extent that no direction has been issued therein to permit him to continue in the post in the Police Department pending consideration and disposal of Anx.A13 representation and on the other hand, the Tribunal has ordered that, in the meanwhile the petitioner may join duty in the Panchayat concerned as per the impugned Anx.A10 order and that posting on redeployment of the petitioner to the LSG Department at Vengad Grama Panchayat as per Anx.A10 will be provisional and subject to the orders to be passed by the 1^st respondent in the O.A on Anx.A13 representation, etc.

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In that regard, the petitioner’s counsel would point out that in other identical case rendered by the Tribunal as per Ext.P6 on 0302-2021 in O.A No.148/2021, the Tribunal has not only directed the consideration and passing orders on the representation of the said party for retention in the police department rather than the posting to the LSG Department, but also has directed that in the meanwhile the applicant therein will be permitted to continue in the post in the police department pending consideration and disposal of his representation by the competent authority concerned.

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It is only to the limited extent that, the petitioner had

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OP(KAT)No.60/2021

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approached this Court by filing the instant O.P seeking that directions in similar to that extent to similar employee as per Ext.P6 may be given in the case of the petitioner as well so that he could be provisionally allowed to continue in the post in the police department pending consideration and disposal of Anx.A13 representation by the competent authority of the State Government, etc.

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This Court while considering the abovesaid Original Petition

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had passed interim order dated 24-02-2021, ordering as follows:

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“ The learned Senior Government Pleader seeks short time to get instructions from the respondents.

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Time granted. In the meanwhile it is ordered that the operation and enforcement of the impugned Anx.A14 relieving order dated 25-01-2021 shall be kept in abeyance and the petitioner shall be allowed to continue in the post of Clerk in the office of the District Police Chief, Kottayam, if no substitute has joined as on today.

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List the matter in the top of the admission list on 04-03-2021.”

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Now it is pointed out by the learned counsel for the petitioner that in pursuance of the compliance of the directions issued by this Court on 24-02-2021 in this O.P, the competent authority has issued Ext.P7 order dated 02-03-2021, whereby the petitioner has been ordered to be retained and continued in the post

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of the Police Department at Kottayam, pending consideration and disposal of Anx.A13 representation, etc.

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OP(KAT)No.60/2021

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Further it is pointed out by both sides that the competent

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authority of the State Government in the General Administration Department has also issued Ext.P8 G.O.(Ms) No.62/2021/GAD dated 24-02-2021 that those incumbents who do not join the LSG Department can continue in the Police Department and that the case of the petitioner herein has also been explicitly referred therein as reference No.7 therein viz, G.O.(Ms) No.190/2020/GAD dated 3009-2020, which is the impugned deployment order issued in the case of the petitioner as per Anx.A4 in the instant O.A.

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Accordingly, Sri.Paulson Thomas, learned counsel appearing for the petitioner would submit that, the competent authority of the State Government has also treated the petitioner at par with the other beneficiaries in Ext.P8, more particularly taking into account Ext.P7, etc.

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Taking note of the facts and circumstances of the case it is ordered that, the competent authority of the State Government may consider and pass orders on Anx.A13 representation as already directed by the Tribunal in terms of the impugned Ext.P5 final order dated 12-02-2021 in O.A No.150/2021 filed by the petitioner herein within the said time limit. While doing so, this may be so done in the

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OP(KAT)No.60/2021

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light of Ext.P8 G.O.(Ms) No.62/2021/GAD dated 24-02-2021, etc. The directions and orders passed by the Tribunal at Ext.P5 will stand modified as above.

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With these observations and directions the above Original Petition will stand disposed of.

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Sd/- ALEXANDER THOMAS, JUDGE

Sd/-

K.BABU, JUDGE

KAS

OP(KAT)No.60/2021

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE ORIGINAL APPLICATION NO.150/2021 FILED ON 18.1.2021 ALONG WITH ANNEXURES. ANNEXURE A1 TRUE COPY OF RELEVANT PART OF G.O.(MS) NO.292/2012/HOME DATED 20.11.2012. ANNEXURE A2 TRUE COPY OF THE INTERIM ORDER IN O.A. (EKM) NO.1909/2019 DATED 8.11.2019 ANNEXURE A3 TRUE COPY OF THE REQUEST OF THE APPLICANT DATED 10.7.2020. ANNEXURE A4 TRUE COPY OF G.O.(MS) NO.190/2020/G.ADMIN.DATED 30.9.2020 ANNEXURE A5 TRUE COPY OF THE LETTER ISSUED BY THE STATE POLICE CHIEF IN RESPECT OF A4 DEPLOYMENT NO.M2-1733/2014/PHQ DATED 21.10.2020 ANNEXURE A6 TRUE COPY OF THE REQUEST OF THE APPLICANT DATED 8.10.2020 ANNEXURE A7 TRUE COPY OF THE LETTER OF THE DISTRICT POLICE CHIEF NO.A1(A)-1076/2020/K DATED 8.10.2020 FORWARDING A6 APPLICATION. ANNEXURE A8 TRUE COPY OF THE LETTER OF THE STATE POLICE CHIEF NO.M2-106059/2020/PHQ DATED 16.11.2020 FORWARDING A6 TO THE 1ST RESPONDENT. ANNEXURE A9 TRUE COPY OF THE ORDER OF THE DIRECTOR OF PANCHAYTH NO.PAN/505/2020-E14(DP) DATED 23.11.2020 ANNEXURE A10 TRUE COPY OF THE ORDER OF THE DEPUTY DIRECTOR OF PANCHAYTH NO.DDPKNR/855/2020-E1 DATED 22.12.2020

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OP(KAT)No.60/2021

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ANNEXURE A11	TRUE COPY OF THE COMMUNICATION NO.A1- 12/2020/K.DATED 9.1.2021 SENT BY DISTRICT POLICE CHIEF.
ANNEXURE A12	TRUE COPY OF THE COMMUNICATION NO.CEC2/133/2020/G.ADMIN. DATED 7.1.2021 SENT BY THE 1ST RESPONDENT.
ANNEXURE A13	NIL
ANNEXURE A14	TRUE COPY OF THE RELIEVING ORDER OF THE APPLICANT PUT IN THE WEBSITE BY 4.30 P.M. ON 25.1.2021
ANNEXURE A15	TRUE COPY OF THE MEDICAL CERTIFICATE OF THE APPLICANT DATED 25.1.2021
ANNEXURE A16	TRUE COPY OF THE RELEVANT PART OF THE PROCEEDINGS ISSUED BY S.P., PATHANAMTHITTA REVOKING THE RELIEVING ORDER DATED 25.1.2021.
EXHIBIT P2	TRUE COPY OF INTERIM ORDER ISSUED ON 25.1.2021 IN O.A.NO.150/2021
EXHIBIT P3	TRUE COPY OF THE INTERIM ORDER ISSUED ON 25.1.2021 IN O.A.NO.148/2021
EXHIBIT P3 (A)	TRUE COPY OF THE M.A.NO.253/2021 IN O.A.NO.150/2021 ALONG WITH ANNEXURE A13.
ANNEXURE A13	TRUE COPY OF THE REPRESENTATION DATED 27.1.2021 PREFERRED BY THE APPLICANT BEFORE THE 1ST RESPONDENT.
EXHIBIT P4	TRUE COPY OF THE M.ANO.313/2021 IN O.A.NO.150/2021.
EXHIBIT P5	TRUE COPY OF THE FINAL ORDER IN O.A.NO.150/2021 DATED 12.2.2021.
EXHIBIT P6	TRUE COPY OF THE FINAL ORDER PASSED IN O.A.NO.148/2021 FILED BY ANOTHER DEPLOYED HAND WHO IS ALSO BENEFICIARY OF P2 INTERIM ORDER.

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OP(KAT)No.60/2021

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EXHIBIT P7 TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT POLICE CHIEF, KOTTAYAM NO.DO NO.203/2021/K. DATED 02-03-2021.

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EXHIBIT P8 TRUE COPY OF G.O(MS)NO.62/2021/GAD DATED 24-02-2021

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RESPONDENT'S/S EXHIBITS: NIL

Vishnu Mohanan v. State of Kerala

Case brief

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Vishnu Mohanan v. State of Kerala

Case brief

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