Kerala High Court
State Of Kerala vs Gracy Kutty A on 26 May, 2022
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
OP(KAT) NO. 351 OF 2021
AGAINST THE ORDER/JUDGMENT IN TA 1969/2012 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, KERALA, PIN-695 001.
2 THE LAND REVENUE COMMISSIONER
OFFICE OF THE COMMISSIONER OF LAND REVENUE,
THIRUVANANTHAPURAM, KERALA, PIN-695 001.
3 THE DISTRCIT COLLECTOR,
CIVIL STATION, KOLLAM, KERALA, PIN-691 001.
4 THE TAHSILDAR,
TALUK OFFICE, KUNNATHOOR, SASTHAMKOTTA, KOLLAM
DISTRICT, KERALA, PIN-690 521.
5 THE ASSISTANT ENGINEER,
PWD BUILDING SECTION, SASTHAMKOTTA, KOLLAM DISTRICT,
KERALA, PIN-690 521.
BY ADV GOVERNMENT PLEADER
RESPONDENT/S:
GRACY KUTTY A
W/O SIMON S, PART-TIME SWEEPER, TALUK OFFICE,
KUNNATHOOR, SASTHAMKOTTA, KOLLAM DISTRICT, RESIDING AT
RAJU BHAVAN, MANAKKARA (PUNNAKKAD), SASTHAMKOTTA
P.O.KOLLAM, PIN-690 521.
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 26.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
CON.CASE(C) NO. 1950 OF 2021
AGAINST THE ORDER/JUDGMENT IN OP(KAT) 214/2019 OF HIGH COURT OF
KERALA
PETITIONER/S:
A.BINDU
AGED 43 YEARS
W/O. JOSEPH JOHN, CASUAL SWEEPER, TALUK OFFICE,
KUNNATHUR, SASTHAMKOTTA, KOLLAM, RESIDING AT SHIBU
NIVAS, MARAKKARA, ANJILIMOODU, SASTHAMKOTTA P.O.,
KOLLAM DISTRICT.
BY ADVS.
M.V.THAMBAN
R.REJI
THARA THAMBAN
B.BIPIN
ARUN BOSE
SUNEESH KUMAR R.
RESPONDENT/S:
1 A.JAYATHILAK
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS,
WORKING AS SECRETARY TO THE GOVERNMENT, DEPARTMENT OF
REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN-695 001.
2 K.BIJU
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONERS,
WORKING AS LAND REVENUE COMMISSIONER, COMMISSIONERATE
OF LAND REVENUE, THIRUVANANTHAPURAM, PIN-695 001.
3 AFSANA PARVEEN
AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONERS,
WORKING AS DISTRICT COLLECTOR, COLLECTORATE (PO),
KOLLAM, PIN-691 001.
4 NISSAR M.
OP(KAT) NO. 351 OF 2021 & CON.CASE(C) NO. 1950 OF 2021
3
AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONERS,
WORKING AS TAHSILDAR, TALUK OFFICER, KUNNATHUR,
SASTHAMKOTTA, KOLLAM DISTRICT, PIN-690 540.
OTHER PRESENT:
SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER,
SRI.B.UNNIKRISHNA KAIMAL, SR.GOVT.PLEADER
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 26.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
===================================
CO(C) No.1950 of 2021
(arising out of the Judgment dated 09.030.2021 in OP(KAT) No.214/2014)
OP(KAT) No.351 of 2021
(arising out of the order dated 09.07.2018 in TA No.1969 of 2012 of KAT, TVM)
=========================================
Dated this the 26th of May, 2022
JUDGMENT
Alexander Thomas, J.
As these matters are inter-related, a common judgment is rendered disposing both these cases as they are inter-related. COC No.1950/2021
The above contempt of Court case has been filed alleging non- compliance of the directions issued by this Court as per Annexure 2 judgment dated 09.03.2021 rendered by the Division Bench of this Court in OP(KAT) No.214/2019.
2. We are now apprised that Government has complied with the directions in Annexure 2 judgment in OP(KAT) No.214/2019 by issuing GO(MS) No.69/2022/RD dated 11.03.2022. Further it is assured to us by the learned Senior Government Pleader on the basis of instructions of the respondents that steps have been already taken to sanction the consequential monetary benefits due to the petitioner and it is expected that the same would be released within a week or OP(KAT) NO. 351 OF 2021 & CON.CASE(C) NO. 1950 OF 2021 5 so. Hence it is ordered that the admissible consequential monetary benefits due to the petitioner shall be duly sanctioned and released to the petitioner by the respondents without any further delay, at any rate within the outer time limit of two weeks.
3. Recording the abovesaid submissions of the respondents and with the abovesaid observations and directions, the above Contempt of Court case is disposed of.
OP(KAT) No.351 of 2021
4. The above OP(KAT) has been filed to challenge the verdict of the Tribunal rendered on 09.07.2018 with TA No.1969/2012 directing the regularization of the applicant therein as part-time sweeper in terms of GO(P) dated 25.11.2005. We are apprised that two casual sweepers have worked in the same office, the senior one being the present applicant, Smt.A.Gracy Kutty and the Junior one being Smt.A.Bindu, who is the petitioner in the abovesaid COC No.1950/2021 and OP(KAT) No.214/2019. Aggrieved by the verdict of this Court in OP(KAT)No.214/2019, filed by the Junior hand, Smt.A.Bindu, the State had preferred SLP before the Apex Court which has been dismissed on 22.11.2021. Hence we are told that the State decided to implement the verdict secured in favor OP(KAT) NO. 351 OF 2021 & CON.CASE(C) NO. 1950 OF 2021 6 of the Junior hand, Smt.Bindu and hence it was also consequentially decided that since the benefit had been given to the junior hand, Smt.Bindu, the same treatment should also be given to the present petitioner, Smt.A.Gracy Kutty who is a senior person. Hence the District Collector, Kollam had issued proceedings No.DCKLM/198/2018-E2 dated 22.04.2022, ordering that the verdict of the Tribunal rendered on 09.07.2018 in TA No.1969/2012 which is the subject matter of challenge in OP(KAT) No.351/20221 will be implemented. Government Pleader would apprise us that the steps have been taken including verifying the service book and the details have also been entered in SPARK. Further that the consequentially admissible monetary benefits will also be paid to the petitioner applicant within a week or so.
5. Hence it is ordered that the District Collector, Kollam and the other authorities concerned including the competent authorities among the petitioners in OP(KAT) No.351/2021 will ensure that all consequential admissible monetary benefits is also duly sanctioned and released to the applicant herein, Smt.A.Gracy Kutty without any further delay, at any rate within two weeks. Since the petitioners themselves have now decided to implement the verdict of the Tribunal, OP(KAT) No.351/2021 filed by the State will stand OP(KAT) NO. 351 OF 2021 & CON.CASE(C) NO. 1950 OF 2021 7 dismissed, as infructuous.
With these observations and directions, the above OP(KAT) will stand dismissed.
Sd/-
ALEXANDER THOMAS JUDGE sd/-
SHOBA ANNAMMA EAPEN JUDGE Nsd OP(KAT) NO. 351 OF 2021 & CON.CASE(C) NO. 1950 OF 2021 8 APPENDIX OF OP(KAT) 351/2021 PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE TRANSFERRED APPLICATION NO 1696/2012 ALONG WITH EXHIBITS EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 29.5.2003 IN OP NO 7961/2003(H).
EXHIBIT P2 TRUE COPY OF GO(P) NO 501/2005/FIN DATED 25.11.2005 EXHIBIT P3 TRUE COPY OF THE SWEEPING AREA CERTIFICATE DATED 19.1.2011 EXHIBIT P3(A) TRUE COPY OF THE LETTER NO 318/06 DATED 31.1.2011 OF THE 4TH RESPONDENT EXHIBIT P4 TRUE COPY OF THE GO(P) NO 61/2010/FIN DATED 9.2.2010 EXHIBIT P5 TRUE COPY OF INTERIM ORDER DATED 5.1.2010 IN WPC NO 107/2010(K) EXHIBIT P6 TRUE COPY OF THE ORDER DATED 23.12.2010 IN WPC NO 38378/2010(V) EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER DATED 23.12.2009 IN WPC NO 37537/2009(J) Annexure A2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE FIRST PETITIONER ON 29.9.2018 Annexure A3 TRUE COPY OF THE ORDER OF THE TRIBUNAL DATED 9.7.2018 Annexure A4 TRUE COPY OF THE COMMON ORDER IN OP(KAT0 214/2019 AND 442/2018 DATED 9.3.2021 OP(KAT) NO. 351 OF 2021 & CON.CASE(C) NO. 1950 OF 2021 9 APPENDIX OF CON.CASE(C) 1950/2021 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE ORDER DATED 5.12.2017 IN T.A.NO.614/2016 OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM.
EXHIBIT 2 CERTIFIED COPY OF THE JUDGMENT DATED 9.3.2021 IN O.P(KAT) NO.214/2019 OF THIS HON'BLE COURT.
EXHIBIT 3 TRUE COPY OF THE LETTER DATED 20.3.2021 OF THE PETITIONER.