Dismissed

M.Sugadha Kumar v. Kerala Public Service Commission

Kerala HC6 Feb 2024OP(KAT)/166/2022

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a petition seeking recognition of service from May 2012. Ruling that appointment occurs only upon first discharge of duties under Rule 2(1), the Court rejected the petition to recognize service retroactively from 2015 (identification exercise) rather than 2017 (advice memo).

What did the court decide?

The petition seeking recognition of service from 22.05.2012 was dismissed.

M.Sugadha Kumar Vs Kerala Public Service… — Pension and Retirement Benefits | Kerala HC (2024)

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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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THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

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TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
OP(KAT) NO. 166 OF 2022

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AGAINST THE ORDER/JUDGMENT OA 2269/2017 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM

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PETITIONER/S:

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M.SUGADHA KUMAR
AGED 47 YEARS
S/O.LATE RADHAKRISHNAN NAIR, RESIDING AT 5/759-1,
RITHA, RAMANATHAPURAM VILLAGE, NEAR SIVA TEMPLE,
PALAKKAD HEAD POST, PALAKKAD DISTRICT - 678 001, OFFICE
OF THE MUNICIPAL SECRETARY GRADE-III, OTTAPPALAM
MUNICIPALITY, PALAKKAD, KERALA, PIN - 678001
BY ADVS.
ABDUL JAWAD K.
A.GRANCY JOSE

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RESPONDENT/S:

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1 KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTOM POST, PATTOM PALACE, THIRUVANANTHAPURAM, KERALA., PIN - 695004

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2 THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT, DEPARTMENT (URBAN AFFAIRS), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA., PIN - 695001 BY ADV P.C SASIDHARAN

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THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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O.P.(KAT) NO. 166 OF 202 2

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JUDGMENT Dated this the 6^th day of February, 2024

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A.MUHAMED MUSTAQUE(J)

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This original petition arise from an order of the Kerala Administrative Tribunal in O.A.No.2269 of 2017 dated 05.04.2022. That original application was filed by a differently abled person coming under the Rights of Persons with Disabilities Act, 2016. The applicant was included in the rank list for the post of Municipal Secretary, Grade III in the Urban Affairs Department as early as in 2012. But that time, the exercise was not carried out to identify the post for the PWD candidates. Exercise was carried out only in the year 2015, after filing of O.A.No.571 of 2015. Thereafter, the applicant was advised by Annexure A9 advice memo of the Public Service Commission dated 28.03.2017. Now the attempt of the petitioner is to reckon his service with effect from 22.05.2012. Admittedly, the exercise of identification was carried out in the year 2017, that may give a retroactive claim for persons of disabilities to set apart vacancies from 1996 onwards, but that cannot still create right to a person to come on service on an anterior date.

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O.P.(KAT) NO. 166 OF 202 2

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3

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Rule 2 (1) of the Kerala State And Subordinate Services Rules, 1958 states that, a person said to be appointed to a service when he discharges duties for the first time. Thus a person cannot claim to be in service on an anterior date to the date of ‘appointment to a service’.

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We find no reason to interfere with the impugned order. Accordingly, the original petition is dismissed.

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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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RK

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O.P.(KAT) NO. 166 OF 202 2

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APPENDIX OF OP(KAT) 166/2022

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PETITIONER ANNEXURES

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`Annexure-A1`	`TRUE COPY OF THE` `(RT)NO.1383/2017/` `ISSUED BY THE 2ND`	`APPOINTMENT ORDER G.O.` `LSGD DATED 02/05/2017` `RESPONDENT.`
`Annexure-A2`	`TRUE COPY OF THE` `(RT)NO.2151/2017/` `ISSUED BY THE 2ND`	`POSTING ORDER G.O.` `LSGD, DATED 28/6/2017` `RESPONDENT`
`Annexure-A3`	`TRUE COPY OF THE` `NO.214/12/SSVII,` `RESPONDENT`	`RANKED LIST` `PUBLISHED BY THE 1ST`
`Annexure-A4`	`TRUE COPY OF THE` `FILED BEFORE THIS` `AS O.A.2140/2015`	`ORIGINAL APPLICATION` `HONOURABLE TRIBUNAL` `BY THE APPLICANT`
`Annexure-A5`	`TRUE COPY OF THE` `IN O.A.2140/2015` `THIRUVANANTHAPURA`	`ORDER DATED 9/9/2016` `OF THE HON'BLE K.A.T.,` `M`
`Annexure-A6`	`TRUE COPY OF THE` `IN O.A.2140/2015` `THIRUVANANTHAPURA`	`ORDER DATED 30/9/2016` `OF THE HON'BLE K.A.T.,` `M`
`Annexure-A7`	`TRUE COPY OF THE` `IN O.A.2140/2015` `THIRUVANANTHAPURA`	`ORDER DATED 16/12/2016` `OF THE HON'BLE K.A.T.,` `M`
`Annexure-A8`	`TRUE COPY OF CONT` `BEFORE THIS HON'B` `C.P.NO.50/2017, B`	`EMPT PETITION FILED` `LE TRIBUNAL AS` `Y THE APPLICANT`
`Annexure-A9`	`TRUE COPY OF THE` `28/3/2017, ISSUED` `RESPONDENT.`	`ADVISE MEMO DATED` `BY THE 1ST`
`Annexure-A10`	`TRUE COPY OF THE` `NO.RIA(2)13889/12` `1ST RESPONDENT`	`APPOINTMENT CHART` `/GW, PUBLISHED BY THE`
`Annexure-A11`	`TRUE COPY OF THE` `S.J.D., THIRUVANA` `06/05/2017, ISSUE` `GOVERNMENT, SOCIA`	`G.O.(P) NO.8/2017` `NTHAPURAM DATED` `D BY THE SECRETARY TO` `L JUSTICE DEPARTMENT`
`Exhibit-P1`	`TRUE COPY OF THE` `FILED BEFORE KERA` `TRIBUNAL, THIRUVA`	`ORIGINAL APPLICATION` `LA ADMINISTRATIVE` `NANTHAPURAM IN`

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O.P.(KAT) NO. 166 OF 202 2

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5

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O.A.2269/2017 ALONG WITH ANNEXURES A1
TO A11

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Exhibit-P2TRUE COPY OF THE REPLY STATEMENT FILED
BY THE 1ST RESPONDENT IN O.A.2269/2017.
Exhibit-P3TRUE COPY OF THE REJOINDER FILED BY THE
PETITIONER TO THE REPLY STATEMENT OF
1ST RESPONDENT.
Exhibit-P4TRUE COPY OF THE REPLY STATEMENT FILED
BY THE 2ND RESPONDENT.
Exhibit-P5TRUE COPY OF THE REJOINDER DATED
02/04/2022 FILED BY THE PETITIONER TO
THE REPLY STATEMENT OF THE 2ND
RESPONDENT.
Exhibit-P6TRUE COPY OF THE ORDER DATED
05/04/2022, PASSED BY THE KERALA
ADMINISTRATIVE TRIBUNAL, TVPM. (ADDL.
BENCH, EKM) IN O.A.2269/2017

M.Sugadha Kumar v. Kerala Public Service Commission

Case brief

What is this about?

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M.Sugadha Kumar v. Kerala Public Service Commission

Case brief

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