Dismissed

Seena.a.C, v. State of Kerala, Represented by Secretary to Government

Kerala HC8 Jul 2024OP(KAT)/233/2024

Case brief

AI extract

What is this about?

Writ petition filed to stay promotion proceedings under Article 227 pending disposal of a Tribunal application challenging the Select List. Court held supervisory jurisdiction cannot be invoked for such procedural continuation and dismissed the petition, directing petitioner to move a miscellaneous application for expeditious disposal.

What did the court decide?

Petitioner directed to move a miscellaneous application before the Tribunal for expeditious consideration of O.A.(Ekm)No.700 of 2024.

Seena.a.C, Vs State of Kerala, Represented by… — 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 ANIL K. NARENDRAN

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&

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THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

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MONDAY, THE 8TH DAY OF JULY 2024 / 17TH ASHADHA, 1946
OP(KAT) NO. 233 OF 2024

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OA(EKM)NO.700 OF 2024 OF THE KERALA ADMINISTRATIVE TRIBUNAL
AT THIRUVANANTHAPURAM (ADDITIONAL BENCH, ERNAKULAM)

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PETITIONER/APPLICANT:

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SEENA.A.C, AGED 55 YEARS, THARAYIL HOUSE,
KOTTEKKAD,KUTTUR P.O. THRISSUR, PIN - 680013

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BY ADVS.S.SAJU
A.V.SAJAN
SWETHA.S.
SAHDHA K.U.

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RESPONDENTS/RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, STATUE, THIRUVANANTHAPURAM, PIN - 682031

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2 THE PRINCIPAL SECRETARY & CONVENER, DEPARTMENTAL PROMOTION COMMITTEE (HIGHER GENERAL EDUCATION DEPARTMENT THIRUVANANTHAPURAM, PIN - 695014

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3 THE DIRECTOR OF GENERAL EDUCATION, DIRECTORATE OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN - 695014

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4 THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR, CIVIL STATION, AYYANTHOL, THRISSUR DISTRICT, PIN - 680003

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5 MADHUSOODHANAN. T.V, DISTRICT EDUCATION OFFICER (DEO), KOTHAMANGALAM, OFFICE OF THE DISTRICT EDUCATION OFFICER, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686691

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OP(KAT)No.233 of 2024

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6 SUNIJA P., DISTRICT EDUCATION OFFICER (DEO), PALA, OFFICE OF THE DISTRICT EDUCATION OFFICER, MINI CIVIL STATION, PALA, KOTTAYAM DISTRICT, PIN - 686575

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R5 AND R6 BY ADV.V.A MUHAMMED
BY ADV.M.SAJJAD(K/335/1997)

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R1 TO R4 BY SR. GP- SRI. BIJOY CHANDRAN

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THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP

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FOR ADMISSION ON 08.07.2024, THE COURT ON THE SAME DAY

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DELIVERED THE FOLLOWING:

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OP(KAT)No.233 of 2024

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JUDGMENT

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Anil K. Narendran, J.

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The petitioner, who is the applicant in O.A.(Ekm)No.700 of 2024 on the file of the Kerala Administrative Tribunal, Additional Bench, Ernakulam, has filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, seeking stay of all further proceedings pursuant to Ext.P6 (Annexure A4 in OA) select list for promotion to the category of Deputy Director of Education in the General Education Department, published vide G.O.(P)No.15/2024/GEDN dated 26.05.2024, by the 2^nd respondent Principal Secretary and Convener, Departmental Promotion Committee (Higher), General Education Department, pending disposal of that original application. The petitioner has also sought for an order directing the Tribunal to dispose of O.A.(Ekm)No.700 of 2024, expeditiously, within a time frame to be fixed by this Court.

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On 31.05.2024, when this original petition came up for admission, this Court issued urgent notice to respondents 5 and 6 by speed post.

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A counter affidavit dated 21.06.2024 has been filed by the 5^th respondent, producing therewith Exts.R5(a) and R5(b) documents. The 6^th respondent has also filed a counter affidavit

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OP(KAT)No.233 of 2024

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dated 21.06.2024, producing therewith Exts.R6(a) to R6(c) documents.

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Heard the learned counsel for the petitioner, the learned Senior Government Pleader for respondents 1 to 4 and also the learned counsel for respondents 5 and 6.

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The grievance of the petitioner is that in O.A.(Ekm)No.700 of 2024, the Tribunal has not granted the interim relief, i.e., stay of all further proceedings pursuant to Ext.P6 select list for promotion to the category of Deputy Director of Education in the General Education Department.

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On a query made by this Court, the learned counsel for the petitioner would submit that after the filing of O.A.(Ekm)No.700 of 2024, respondents 5 and 6 have already been promoted to the category of Deputy Director of Education in the General Education Department.

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The learned Senior Government Pleader would point out the observations contained in Ext.P4 order dated 01.12.2023 of the Tribunal in O.A.(Ekm)No.1972 of 2023, wherein the Tribunal has made it clear that the inclusion of the juniors of the applicant and their promotion would be only provisional, as provided in the Rules.

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Since Ext.P6 select list for promotion to the category

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OP(KAT)No.233 of 2024

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of Deputy Director of Education in the General Education Department is under challenge in O.A.(Ekm)No.700 of 2024 pending before the Tribunal, the promotion of respondents 5 and 6 to that category will certainly be subject to the outcome of that original application.

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In such circumstances, we find that the petitioner cannot invoke the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, seeking stay of all further proceedings pursuant to Ext.P6 select list for promotion to the category of Deputy Director of Education in the General Education Department.

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In the result, this original petition fails and the same is accordingly dismissed.

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Since the petitioner has already attained the age of 55, it is for the petitioner to move a miscellaneous application before the Tribunal, for expeditious consideration of O.A.(Ekm)No.700 of 2024.

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Sd/-

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ANIL K. NARENDRAN, JUDGE

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Sd/-

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HARISANKAR V. MENON, JUDGE

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AV/9/7

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OP(KAT)No.233 of 2024

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APPENDIX OF OP(KAT) 233/2024

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PETITIONER EXHIBITS

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Exhibit P1 THE TRUE TYPED COPY OF THE CERTIFICATE OF
DISABILITY CERTIFICATE NO. PM/19/49 DATED
09.05.2019 OF THE PETITIONER ISSUED BY THE
GENERAL HOSPITAL, THRISSUR
Exhibit P2 THE TRUE COPY OF THE REPRESENTATION/OBJECTION
SUBMITTED BY THE PETITIONER BEFORE THE
CONVENER OF THE DEPARTMENTAL PROMOTION
COMMITTEE, GENERAL EDUCATION DEPARTMENT,
THIRUVANANTHAPURAM DATED 21.07.2023
Exhibit P3 THE TRUE COPY OF THE ORDER IN O.P.(RPWD) NO.
3047/S6/2023 DATED 14.09.2023 PASSED BY THE
STATE COMMISSIONER FOR PERSONS WITH
DISABILITIES COURT
Exhibit P4 THE TRUE COPY OF THE ORDER DATED 01.12.2023
PASSED BY THE KERALA ADMINISTRATIVE TRIBUNAL
AT THIRUVANANTHAPURAM (ADDITIONAL BENCH
ERNAKULAM) IN O.A (EKM) 1972/2023

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Exhibit P5 THE TRUE COPY OF THE CASE STATUS WITH RESPECT
TO CASE C.P.(EKM) 42/2024. DOWNLOADED FROM
THE WEBSITE
(HTTPS//KERALAADMINISTATIVETRIBUNAL.GOV.IN

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Exhibit P6 THE TRUE COPY OF THE SELECT LIST NOTIFIED BY
THE GENERAL EDUCATION (C) DEPARTMENT IN G.O.
(P) NO. 15/2024/GEDN DATED 26.05.2024 ISSUED
BY PRINCIPAL SECRETARY & CONVENOR,
DEPARTMENTAL PROMOTION COMMITTEE (HIGHER)
GENERAL EDUCATION DEPARTMENT

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Exhibit P7 THE TRUE COPY OF THE CASE STATUS WITH RESPECT
TO CASE O.A.(EKM) 700/2024. DOWNLOADED FROM
THE WEBSITE
(HTTPS//KERALAADMINISTATIVETRIBUNAL.GOV.IN)
Exhibit P8 THE TRUE COPY OF THE MEMORANDUM OF ORIGINAL
APPLICATION FILED IN O.A. 700/2024 DATED
27.05.2024 WITHOUT ANNEXURES

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OP(KAT)No.233 of 2024

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RESPONDENT EXHIBITS

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EXHIBIT R-5(A) TRUE COPY OF THE DISABILITY CERTIFICATE
ISSUED BY THE HEALTH SERVICE DEPARTMENT DATED
28.08.2002

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EXHIBIT R-5(B) TRUE COPY OF THE G.O(RT) NO.2713/2024/G.EDN
DATED 18.04.2024
EXHIBIT R-6(A) TRUE COPY OF THE G.O(RT) NO. 4504/2023/G.EDN
DATED 05.08.2023
EXHIBIT R-6(B) TRUE COPY OF THE CIRCULAR NO.
D6/13443/2022/DGE DATED 30.03.2023
EXHIBIT R-6(C). TRUE COPY OF THE G.O(RT) NO. 2858/2024/G.EDN
DATED 01.05.2024

Seena.a.C, v. State of Kerala, Represented by Secretary to Government

Case brief

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Seena.a.C, v. State of Kerala, Represented by Secretary to Government

Case brief

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