Disposed

Siju K. v. the Kerala Public Service Commission

Kerala HC5 Mar 2021OP(KAT)/64/2021

Case brief

AI extract

What is this about?

Petitioners filed a writ petition under Articles 226 and 227 of the Constitution of India seeking urgent disposal of Original Application No.2497/2019 before the Kerala Administrative Tribunal, Thiruvananthapuram Bench, due to delays and non-filing of a reply statement by the respondent Kerala Public Service Commission despite repeated orders.

What did the court decide?

Directed the Kerala Administrative Tribunal to dispose of O.A No.2497/2019 preferably by end of May 2021.

Siju K. Vs the Kerala Public Service Commission — Writ and Judicial Review | 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.64 OF 2021

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ARISING FROM OA 2497/2019 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM

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ORIGINAL PETITIONERS/PETITIONERS:

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1 SIJU K. AGED 42 YEARS S/O. KARUNAKARAN, RESIDING AT VILAYILVEEDU, KARAMCODU P.O., KOLLAM, PIN - 691 579.

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2 SOORAJ S. AGED 30 YEARS S/O. SURENDRAN PILLAI, RESIDING AT ATHIRA, EDAYADI, POOTHAKULAM, KOLLAM, PIN - 691 302.

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BY ADV. SRI.A.JANI(KOLLAM)

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RESPONDENTS/RESPONDENT:

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1 THE KERALA PUBLIC SERVICE COMMISSION REGIONAL OFFICE, KOLLAM, CORPORATE BUILDING, ANDAMUKKAM ROAD, KOLLAM, PIN - 691 001, REP. BY ITS SECRETARY.

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2 DISTRICT OFFICER PUBLIC SERVICE COMMISSION, REGIONAL OFFICE, KOLLAM, CORPORATION BUILDING, ANDAMUKKAM ROAD, ANDAMUKKAM, KOLLAM, KERALA, PIN - 691 001.

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BY ADVS.

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SRI.P.C.SASIDHARAN,SC

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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.64/2021

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ALEXANDER THOMAS & K.BABU, JJ.

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O.P(KAT) No.64 of 2021

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(Arising from O.A No.2497/2019 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

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under Articles 226 & 227 of the Constitution of India are as follows

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[See page No.3 of the paper book of this O.P]:

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“(i) To call for the records relating to Ext.P1 proceedings and to pass an order directing the Kerala Administrative Tribunal, Thiruvananthapuram to dispose of Ext.P1 Original Application on merits within a time frame to be fixed by this Honourable Court.

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(ii) To pass such other petition, order or directions prayed for by original petitioners from time to time and found to be fit and proper to grant by this Honourable Court.

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(iii) To allow the original petitioners to realise the cost of the proceedings from the respondents.”

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Sri.A.Jani, learned counsel appearing for the petitioners in

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the O.P/Original applicants would invite our attention to some of

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the orders passed by the Tribunal in the pending Ext.P1 O.A

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No.2497/2019 especially to the order dated 10-12-2020 rendered

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by the Tribunal in this case, which reads as follows (See page

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No.29 of the paper book of this O.P):

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OP(KAT)No.64/2021

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“ Despite repeated orders on 17-03-2020, 15-062020, 02-07-2020, 10-08-2020, 11-09-2020 and 14-102020 the PSC has not filed additional reply statement as required by this Tribunal. Today also the learned Standing Counsel is not ready with the additional reply statement or the additional information sought for. Post for hearing on 17-12-2020. If no additional reply statement is filed in the meantime we will proceed with the matter as if the averments of the applicants are not disputed by the PSC. Post on 17-12-2020.”

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3. Later it appears that the Tribunal has passed the following

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order on 17-12-2020:

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“Learned Counsel for the applicant submits that copy of the additional reply statement is received and she seeks time.

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Post after holidays for hearing.”

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Taking note of the limited prayer made by the petitioners and without getting into the merits of the controversy in any manner, it is ordered that, the Kerala Administrative Tribunal, Thiruvananthapuram Bench may take all reasonable endeavours possible in the circumstances to facilitate the early final disposal of Ext.P1 Original Application O.A No.2497/2019, without much delay, preferably by the end of May 2021 or within any time limit that may be found appropriate and reasonable by the Tribunal and in the interest of Administration of justice.

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The Registry will forward a copy of this judgment to the

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OP(KAT)No.64/2021

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Kerala Administrative Tribunal, Thiruvnantahpuram Bench, which is dealing with O.A No.2497/2019 for necessary information.

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With these observations and directions the above Original

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Petition will stand disposed of.

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Sd/-

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ALEXANDER THOMAS, JUDGE

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Sd/- K.BABU, JUDGE

KAS

OP(KAT)No.64/2021

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF OA 2497 OF 2019 WITHOUT ANNEXURE PREFERRED BY PETITIONER BEFORE KAT, THIRUVANANTHAPURAM.

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EXHIBIT P2 TRUE COPY OF REPLY STATEMENT SUBMITTED BY RESPONDENT.

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EXHIBIT P3 TRUE COPY OF PROCEEDINGS IN EXHIBIT P1 BEFORE THE KAT, THIRUVANANTHAPURAM.

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RESPONDENT'S/S EXHIBITS: NIL

Siju K. v. the Kerala Public Service Commission

Case brief

What is this about?

What did the court decide?

Siju K. v. the Kerala Public Service Commission

Case brief

What is this about?

What did the court decide?

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