Disposed

Institute of Hotel Management & Catering Technology v. Dr.J.Premchand

Kerala HC27 Oct 2023OP (CAT)/302/2016

Case brief

AI extract

What is this about?

The High Court disposed of two original petitions challenging a CAT order directing constitution of a review DPC. The Court found the eligibility issue was pending in a related O.A. Left the rule application question open for the Tribunal and disposed of the petitions without deciding the merits.

What did the court decide?

Disposed of without deciding the merits; issues left open for the Tribunal.

Institute of Hotel Management & Catering Technology Vs… — Service and Employment | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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¶5

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

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FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945

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OP (CAT) NO. 302 OF 2016

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AGAINST THE ORDER/JUDGMENT IN OA 1157/2012 OF CENTRAL

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ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH

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PETITIONER/S/RESPONDENTS 1 TO 4:

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1INSTITUTE OF HOTEL MANAGEMENT & CATERING TECHNOLOGY
G.V.RAJA ROAD, KOVALAM P.O., THIRUVANANTHAPURAM-695
527, REPRESENTED BY ITS PRINCIPAL.

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2 THE BOARD OF GOVERNORS INSTITUTE OF HOTEL MANAGEMENT & CATERING TECHNOLOGY, G.V.RAJA ROAD, KOVALAM P.O., THIRUVANANTHAPURAM-695 527, REPRESENTED BY THE CHAIRMAN.

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3 THE DEPARTMENTAL PROMOTION COMMITTEE INSTITUTE OF HOTEL MANAGEMENT & CATERING TECHNOLOGY, KOVALAM, REPRESENTED BY ITS CHAIRMAN.

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4 UNION OF INDIA REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF TOURISM, HRD DIVISION, C-I HUTMENTS, DALHOUSIE ROAD, NEW DELHI-110 011.

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BY ADVS.
ASSISTANT SOLICITOR GENERAL
SRI.T.V.VINU, CGC

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RESPONDENT/S/APPLICANT & 5TH RESPONDENT:

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1DR.J.PREMCHAND
SENIOR LECTURER-CUM-SENIOR INSTRUCTOR, INSTITUTE OF
HOTEL MANAGEMENT & CATERING TECHNOLOGY, G.V.RAJA ROAD,
KOVALAM P.O., THIRUVANANTHAPURAM-695 527, NOW RESIDING
AT FLAT NO.5-F, ARTECH DEEPAM, ANAYARA P.O.,
THIRUVANANTHAPURAM-695 029.'

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2K.RAJSEKHAR
HEAD OF THE DEPARTMENT, INSTITUTE OF HOTEL MANAGEMENT &
CATERING TECHNOLOGY, G.V.RAJA ROAD, KOVALAM P.O.,
THIRUVANANTHAPURAM-695 527.

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BY ADVS.

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SRI.D.MADHU

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OP (CAT) NOs. 302 and 324 OF 2016

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SRI.M.H.ASIF ALI
SRI.SARATH S. JANARDANAN
SRI.S.MUHAMMED HANEEFF
SRI.T.SAILESH KUMAR
SRI.R.SREERAJ

¶24

THIS OP (CAT) HAVING COME UP FOR FINAL HEARING ON
27.10.2023, ALONG WITH OP (CAT).324/2016, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:

¶25

¶26

OP (CAT) NOs. 302 and 324 OF 2016

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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.MUHAMED MUSTAQUE

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&

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THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945

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OP (CAT) NO. 324 OF 2016

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AGAINST THE ORDER/JUDGMENT OA 1157/2012 OF CENTRAL
ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER/S/5TH RESPONDENT:

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K.RAJSEKHAR
AGED 52 YEARS
S/O V.KRISHNAN PILLAI, AGED 52, HEAD OF THE
DEPARTMENT, INSTITUTE OF MANAGEMENT & CATERING
TECHNOLOGY, G.V.RAJA ROAD, KOVALAM (P.O),
THIRUVANANTHAPURAM-695527 RESIDING AT HARI NIVAS,
A.M.C 7/246, PALACE ROAD, NEAR VETTINA HOSPITAL,
ATTINGAL, THIRUVANANTHAPURAM-695101.
BY ADVS.
SRI.S.MUHAMMED HANEEFF
SRI.M.H.ASIF ALI
SRI.T.SAILESH KUMAR
SRI.SARATH S. JANARDANAN

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RESPONDENT/S/APPLICANT & RESPONDENTS 1 TO 4:

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1DR.J.PREMCHAND
SENIOR LECTURER-CUM SENIOR INSTRUCTOR, INSTITUTE
OF HOTEL MANAGEMENT & CATERING TECHNOLOGY,
G.V.RAJA ROAD, KOVALAM P.O., THIRUVANANTHAPURAM
695 527 RESIDING AT FLAT NO.MF-5/2006, VRINDAVAN
GARDENS, B.SITE, PATTAM PALACE P.O.,
THIRUVANANTHAPURAM-695004.

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2 INSTITUTE OF HOTEL MANAGEMENT CATERING TECHNOLOGY

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OP (CAT) NOs. 302 and 324 OF 2016

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G.V.RAJA ROAD, KOVALAM (P.O), THIRUVANANTHAPURAM
695 527. REPRESENTED BY ITS PRINCIPAL.

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3 THE BOARD OF GOVERNORS INSTITUTE OF HOTEL MANAGEMENT & CATERING TECHNOLGY, G.V.RAJA ROAD, KOVALAM (P.O), THIRUVANANTHAPURAM 695 527 REPRESENTED BY THE CHAIRMAN.

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4 THE DEPATMENTAL PROMOTION COMMITTEE INSTITUTE OF HOTEL MANAGEMENT & CATERING TECHNOLOGY, G.V.RAJA ROAD, KOVALAM (P.O), THIRUVANANTHAPURAM-695 527 REPRESENTED BY THE CHAIRMAN.

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5 UNION OF INDIA REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF TOURISM, HRD DIVISION, C-I HUTMENTS, DAL HOUSE ROAD, NEW DELHI-110 011.

¶44

BY ADVS.
SRI.R.SREERAJ
ASSISTANT SOLICITOR GENERAL
SRI.A.R.GANGADAS, CGC
SRI.A.R.GANGADAS CGC

¶45

THIS OP (CAT) HAVING COME UP FOR FINAL HEARING ON
27.10.2023, ALONG WITH OP (CAT).302/2016, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:

¶46

¶47

OP (CAT) NOs. 302 and 324 OF 2016

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JUDGMENT [OP (CAT) Nos.302/2016, 324/2016]

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A.MUHAMED MUSTAQUE(J)

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Both original petitions are related to a common
issue. The petitioners in these original petitions,
aggrieved by the order dated 23.03.2016 in O.A.No.1157
of 2012, whereby the Central Administrative Trbibunal,
at the instance of the party respondents, directed to
constitute a review Departmental Promotion Committee for
selection to the post of HOD on merit cum seniority
basis subject to the required qualification and
experience as per Recruitment Rules, 2003. The review
DPC appears to have found that the first repsondent is
not eligible for the post of HOD and there is a
challenge pending before the Central Administrative
Tribunal in O.A.No.837 of 2016.

¶51

One of the issues in these petitions is with regard
to the application of relevant rules, whether it is
Recruitment Rules 2003 or amended Recruitment Rules
2011. This question can be addressed by the Tribunal in

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OP (CAT) NOs. 302 and 324 OF 2016

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the pending matter also. Therefore, leaving open all the
issues relating to the application of relevant Rules,
these original petitions are disposed of.

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Sd/-

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A.MUHAMED MUSTAQUE JUDGE

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Sd/-

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SHOBA ANNAMMA EAPEN JUDGE

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OP (CAT) NOs. 302 and 324 OF 2016

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APPENDIX OF OP (CAT) 302/2016

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PETITIONER ANNEXURES

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`ANNEXURE A1` `ANNEXURE A2`	`TRUE COPY OF THE` `TRUE COPY OF THE` `BY THE APPLICANT`	`ORDER DATED 27.7.2010` `REPRESENTATION FILED` `DATED 4.3.1996`
`ANNEXURE A3`	`TRUE COPY OF THE` `STRENGTH OF THE T` `ADMINISTRATIVE PO` `RESPONDENT INSTIT` `2009-2010, 2010-2` `2012-2013.`	`ORDER REVISING THE` `EACHING AND` `ST IN THE 1ST` `UTE FOR THE YEARS` `011, 2011-2012 AND`
`ANNEXURE A4`	`TRUE COPY OF THE`	`AMENDED RULES.`
`ANNEXURE A5`	`TRUE COPY OF THE` `THE MINUTES DATED`	`RELEVANT EXTRACT OF` `27.8.2011`
`ANNEXURE A6`	`TRUE COPY OF THE` `DEPARTMENTAL PROM` `ON 27.08.2011 FOR` `OF HEAD OF THE DE`	`MINUTES OF THE` `OTION COMMITTEE HELD` `PROMOTION TO THE POST` `PARTMENT.`
`ANNEXURE A7`	`TRUE COPY OF THE` `THE MINUTES HELD`	`RELEVANT EXTRACT OF` `ON 27.8.2011.`
`ANNEXURE A8`	`TRUE COPY OF THE` `ISSUED BY THE 1ST`	`ORDER DATED 14.9.2011` `RESPONDENT.`
`ANNEXURE A9`	`TRUE COPY OF THE` `IN OA NO.1067/201`	`ORDER DATED 22.12.2011` `1`
`ANNEXURE A10`	`TRUE COPY OF THE` `NO.IHMCT:ADMN:STA` `13.2.2012 ISSUED` `THE APPLICANT`	`ORDER` `FF:2012:246 DATED` `BY THE RESPONDENTS TO`
`ANNEXURE A11`	`TRUE COPY OF THE` `BY THE MINISTRY O` `OF INDIA, DATED 1`	`COMMUNICATION ISSUED` `F TOURISM, GOVERNMENT` `7.10.2012.`
`ANNEXURE R1`	`TRUE COPY OF THE` `NO.1(11)/RR/2000`	`LETTER` `DATED 11.8.2003.`
`EXHIBIT P1`	`TRUE COPY OF THE` `DATED 4.12.2012,` `RESPONDENT.`	`OA NO.1157 OF 2012` `FILED BY THE 1ST`
`EXHIBIT P2`	`TRUE COPY OF THE` `NO.1157/2012 FILE`	`REPLY STATEMENT IN OA` `D BY THE PETITIONERS.`
`EXHIBIT P3`	`TRUE COPY OF THE` `NO.1057/2012 DATE`	`REJOINDER IN OA` `D 17.3.2013 FILED BY`

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OP (CAT) NOs. 302 and 324 OF 2016

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8

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THE 1ST RESPONDENT.
EXHIBIT P4TRUE COPY OF THE ORDER IN OA
NO.1157/2012 DATED 23.3.2016 OF THE
CENTRAL ADMINISTRATIVE TRIBUNAL,
ERNAKULAM BENCH.
EXHIBIT P5TRUE COPY OF THE CLARIFICATION LETTER
RECEIVED FROM THE MINISTRY
NO.1(11)/RR/2000-HRD DATED 17.10.2012.

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OP (CAT) NOs. 302 and 324 OF 2016

¶69

¶70

APPENDIX OF OP (CAT) 324/2016

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PETITIONER ANNEXURES

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ANNEXURE A1TRUE COPY OF ORDER DATED 27.07.2010.
ANNEXURE A2TRUE COPY OF REPRESENTATION FILED BY
THE 1ST RESPONDENT DATED 04.03.1986.
ANNEXURE A3TRUE COPY OF THE ORDER REVISING THE
STRENGTH OF THE TEACHING AND
ADMINISTRATIVE POST IN THE 2ND
RESPONDENT INSTITUTE FOR THE YEARS
2009-2010, 2010-2011, 2011-2012 AND
2012-2013.
ANNEXURE A4TRUE COPY OF AMENDED RULES.
ANNEXURE A5TRUE COPY OF THE RELEVANT EXTRACT OF
THE MINUTES DATED 27.08.2011.
ANNEXURE A6TRUE COPY OF THE RELEVANT EXTRACTS OF
THE MINUTES OF THE DEPARTMENTAL
PROMOTION COMMITTEE HELD ON 27.08.2011
FOR PROMOTION TO THE POST OF HOD.
ANNEXURE A7TRUE COPY OF THE RELEVANT EXTRACT OF
THE MINUTES HELD ON DATED 27.08.2011.
ANNEXURE A8TRUE COPY OF THE ORDER DATED 14.09.2011
ISSUED BY THE 2ND RESPONDENT.
ANNEXURE A9TRUE COPY OF THE ORDER DATED 22.12.2011
IN O.A 1067/2011.
ANNEXURE A10TRUE COPY OF THE ORDER BEARING
NO.IHMCT:ADMN:STAFF:2012:246 DATED
13.03.2012.
ANNEXURE A11TRUE COPY OF THE COMMUNICATION ISSUED
BY THE MINISTRY OF TOURISM, GOVERNMENT
OF INDIA DATED 17.10.2012.
EXHIBIT P1:A TRUE COPY OF THE OA NO.1157 OF 2012
DATED 4.12.2012 FILED BY THE IST
RESPONDENT.
EXHIBIT P2:A TRUE COPY OF THE REPLY STATEMENT IN
OA NO.1157/2012 FILED BY THE
RESPONDENTS 2 TO 5.
EXHIBIT P3:A TRUE COPY OF THE REJOINDER IN OA
NO.1157/2012 FILED BY THE IST
RESPONDENT HEREIN AND REPLY TO
ADDITIONAL REJOINDER FILED BY

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OP (CAT) NOs. 302 and 324 OF 2016

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RESPONDENTS 2 TO 5.
EXHIBIT P4:A TRUE COPY OF THE ORDER IN OA
NO.1157/2012 DATED 23.2.2016 OF THE
CENTRAL ADMINISTRATIVE TRIBUNAL,
ERNAKULAM BENCH.
EXHIBIT P5:A TRUE COPY OF THE CLARIFICATION LETTER
RECEIVED FROM THE MINISTRY BEARING
NO.1(11)RR/2000-HRD DATED 17.10.2012.

Institute of Hotel Management & Catering Technology v. Dr.J.Premchand

Case brief

What is this about?

What did the court decide?

Institute of Hotel Management & Catering Technology v. Dr.J.Premchand

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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