Kerala High Court
Reena Abraham vs State Of Kerala on 26 August, 2021
Author: Alexander Thomas
Bench: Alexander Thomas
OP(KAT) No.213/2021 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
Thursday, the 26th day of August 2021 / 4th Bhadra, 1943
OP(KAT) NO. 213 OF 2021
(AGAINST THE ORDER DATED 09-08-2021 IN OA 1518/2021 OF KERALA ADMINISTRATIVE
TRIBUNAL, THIRUVANANTHAPURAM)
PETITIONERS/APPLICANTS:
1. REENA ABRAHAM, 48 YEARS, W/O. G.AJU, LILIT GARDENS, KANNANCODE,
ADOOR P.O., PATHANAMTHITTA DISTRICT-691523, PRESENTLY WORKING AS
TRACER, OFFICER OF THE ASSISTANT DIRECTOR OF SURVEY (RANGE),
PATHANAMTHITTA P.O., PATHANAMTHITTA DISTRICT-689645.
2. SAM DANIEL, 43 YEARS, S/O. DANIEL VALLUVELIL, KAROTTU VEEDU,
KODUMON P.O., PATHANAMTHITTA DISTRICT-691555, PRESENTLY WORKING AS
TRACER, OFFICER OF THE ASSISTANT DIRECTOR OF SURVEY (RANGE),
PATHANAMTHITTA P.O., PATHANAMTHITTA DISTRICT-689645.
3. RAJESHKUMAR, 43 YEARS, S/O. VASUDEVAN, MEENCHIRAKKAL HOUSE,
MEZHUVELI P.O., PATHANAMTHITTA-689507, PRESENTLY WORKING AS TRACER,
OFFICER OF THE ASSISTANT DIRECTOR OF SURVEY (RANGE), PATHANAMTHITTA
P.O., PATHANAMTHITTA DISTRICT-689645.
4. PRATHEESH P., 51 YEARS, S/O. KUNHAN P., PUTTATTU HOUSE, MUKKOM
P.O., KOZHIKODE DISTRICT, PRESENTLY WORKING AS TRACER, OFFICE OF THE
ASSISTANT DIRECTOR OF SURVEY (RANGE), KOZHIKODE DISTRICT-673020.
5. SMITHA P.S., 46 YEARS, W/O. MANOJKUMAR, KAKKANATTU HOUSE,
THRIPRAYAR, VALAPPAD P.O., THRISSUR DISTRICT-680567, PRESENTLY
WORKING AS TRACER, OFFICER OF THE ASSISTANT DIRECTOR OF SURVEY
(RANGE), THRISSUR, THRISSUR DISTRICT-680022.
RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2. THE DIRECTOR OF SURVEY AND LAND RECORDS, DIRECTORATE OF SURVEY AND
LAND RECORDS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014.
3. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY,
PATTOM PALACE P.O., THIRUVANANTHAPURAM-695004.
OP(KAT) praying inter alia that in the circumstances stated in the
affidavit filed along with the OP(KAT) the High Court be pleased to direct
the Public Service Commission not to issue advise memos to the 25% of the
110 vacancies which was converted as per Annexure A5, pending disposal of
the above Original Petition.
This petition coming on for admission on 26-08-2021 upon perusing
the petition and the affidavit filed in support of OP(KAT) and upon
hearing the arguments of M/S K.MOHANAKANNAN, H.PRAVEEN (KOTTARAKARA)
Advocates for the petitioners and of SENIOR GOVERNMENT PLEADER, for R1 &
R2 and Sri.P.C.SASIDHARAN, SC, KPSC, for R3, the court passed the
following:
OP(KAT) No.213/2021 2/4
ALEXANDER THOMAS & A. BADHARUDEEN, JJ.
===============================================
OP(KAT)No.213/2021
(Arising out of the order dated 9.8.2021 in O.A.No.1518/2021 of the Kerala
Administrative Tribunal, Thiruvananthapuram)
===============================================
Dated this the 26th day of August, 2021
ORDER
The learned Government Pleader will get instructions as to the reason for issuance of Annexure A5 G.O(Rt) 142/2021/Rev. dated 31.07.2021 for ordering the conversion of 110 vacancies in the post of Draftsman Gr.II as Surveyor Gr.II and also on the contention of the petitioner that at least 25% are set apart for promotion from the eligible feeder category of Tracer, which post is now held by the petitioners.
The learned Senior Government Pleader seeks 2 weeks time. In the meanwhile, it is ordered that the 3 rd respondent Public Service Commission may not advice candidates from the rank list for the post of Surveyor Gr.II as against 5 vacancies covered by Annexure A5 conversion order, if not already advised to those OP(KAT) No.213/2021 3/4 OP(KAT)No.213/2021 2 vacancies. The learned Counsel for the petitioners will produce the full text of Annexure A1 special rules along with an application to substitute Ext.P1 in the O.P. List the case on 14.9.2021.
sd/ H/O. ALEXANDER THOMAS, JUDGE sd/ A. BADHARUDEEN, JUDGE rtr/ 26-08-2021 /True Copy/ Assistant Registrar OP(KAT) No.213/2021 4/4 APPENDIX OF OP(KAT) 213/2021 ANNEXURE A1 TRUE COPY OF THE RELEVANT PAGES OF KERALA SURVEY AND LAND RECORDS SUBORDINATE SERVICE SPECIAL RULES VIDE GO(P) 545/66 DATED 30/09/1966. ANNEXURE A5 TRUE COPY OF THE GO(RT) 142/2021/REV. DATED 31/07/2021.
EXHIBIT P1 TRUE COPY OF OA 1518/2021 OF THE HON'BLE TRIBUNAL, WITH ANNEXURES.