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Central Administrative Tribunal - Ernakulam

Dr Arun Anirudhan vs The Secretry Department Science And ... on 13 September, 2022

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                      Central Administrative Tribunal
                               Ernakulam Bench
                            O.A No.180/00284/2021
                  Tuesday, this the 13th day of September, 2022
CORAM:
Hon'ble Mr. Justice Sunil Thomas, Judicial Member
Hon'ble Mr. K.V. Eapen, Administrative Member
1.   Arun Anirudhan V., Aged 42 years, S/o Anirudhan .V.,
     Engineer-D, Bio Medical Technology Wing,
     Sree Chitra Tirunal Institute for Medical Sciences &
     Technology (SCTIMST), Thiruvananthapuram-695 011
     Residing at C-22, Glen Valley,Mudavanmugal, Trivandrum -12

2.   Sreekanth S.L, Aged 39 years, S/o Sisupalan. A.,
     Senior Scientific Assistant,
     Sree Chitra Tirunal Institute for Medical Sciences &
     Technology (SCTIMST), Thiruvananthapuram-695 011
     Residing at Sree Sila, PC 12/1834,
     Kumarapuram, Medical College.P.O.,
     Thiruvananthapuram-11                                     -     Applicants
(By Advocate: Mr. Kiran Narayanan - No representation)

                                     Versus

1.   Union of India, represented by its Secretary,
     Ministry of Science & Technology,
     Department of Science & Technology,
     TechnologyBhavan, New Mehrauli Road,
     New Delhi-110 016.

2.   The President,
     Sree Chitra Tirunal Institute for Medical Sciences &
     Technology (SCTIMST), Thiruvananthapuram-695 011.

3.   Dr. V.K. Saraswath,
     President, Sree Chitra Tirunal Institute for Medical Sciences
     & Technology (SCTIMST), Thiruvananthapuram-695 011.

4.   The Director, Sree Chitra Tirunal Institute for Medical Sciences &
     Technology (SCTIMST), Thiruvananthapuram-695 011.

5.   Dr. Ajitkumar V.K., Professor (Senior Grade) In charge of Director,
     Sree Chitra Tirunal Institute for Medical Sciences &
     Technology (SCTIMST), Thiruvananthapuram-695 011.           - Respondents

(By Advocates: Mr. N. Anilkumar, SCGC for R1 & Mr.V. Sajith Kumar for R-2&4)

      The O.A having been heard on 13th September 2022, this Tribunal delivered
the following order on the same day:
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                                 O R D E R (ORAL)

Per: Mr. Justice Sunil Thomas, Judicial Member The applicants have approached this Tribunal aggrieved by Annexure A10 order dated 31.05.2021 nominating the 5th Respondent as Director in charge of Sree Chitra Tirunal Institute for Medical Sciences and Technology, Trivandrum with a prayer to set aside the order.

2. When the matter was taken up, the Learned counsel for the respondents submitted that a full time Director has been appointed. This was recorded by this Bench on 29.08.2022 and the applicant was directed to ascertain whether in the light of that submission the O.A has become infructuous. This was necessitated since there was no representation for the applicants on that day. Today also the counsel for the applicants is absent.

3. We are satisfied that in the light of the submission of the respondents, this O.A has become infructuous. Accordingly, the O.A is dismissed as infructuous. No costs.

         (K.V. Eapen)                                      (Justice Sunil Thomas)
         Administrative Member                               Judicial Member
bp
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                              List of Annexures


Annexure A1    - True copy of Act 52 of the Sree Chitra Tirunal Institute for Medical

Sciences and Technology, Trivandrum, Act, 1980 (No. 52 of 1980). Annexure A2 - True copy of the rules dated 28.05.1981 issued by Department of Sciences & Technology.

Annexure A3 - True copy of the regulations issued as per Notification dated 23.06.1981 relating to SCTIMST.

Annexure A4 - True copy of the amendment dated 05.09.2005 made by the Central Government for Annexure A-3 regulations.

Annexure A5 - True copy of the rules dated 15.03.2021 issued by the Ministry of Science and Technology for the Sree Chitra Tirunal Institute for Medical Sciences and Technology, Trivandrum.

Annexure A6 - True copy of the notification Advt. No. P&A/1/DIR/ SCTIMST/ 2021 dated 15.04.2021 issued by the 4th respondent. Annexure A7 - True copy of the Office Memorandum No. 28/13/2006-EO(SM.II) dated 03/07/2006 issued by the Government of India, Department of Personnel & Training.

Annexure A8 - True copy of the order No. P&A.IX/33/SCTIMST/2020 dated 02.06.2020 issued by the 2nd respondent.

Annexure A9 - True copy of the judgment dated 09.12.2020 in OP(CAT) No. 199/2020 of the Hon'ble High Court of Kerala.

Annexure A10 - True copy of the order No. P&A.I/X/35/SCTIMST/2021 dated 31.05.2021 issued by the 4th respondent Institute, nominating the 5th respondent as Director in charge of the Institute. Annexure A11 - True copy of order D.O. No. AI/1/19/SCTIMST/2014 (Part) dated 20.04.2021 issued by the 1st respondent.

Annexure A12 - True copy of the communication No. SCTIMST/DIR/SSC/2021- 22/May dated 12.05.2021 issued by the Director of the Institute. Annexure A13 - True copy of the reply dated 10.06.2021 issued by the 1st respondent, Government of India.

Annexure A14 - True copy of the communication between the Senior Central Government Standing Counsel and the Sectretary, Ministry of Science and Technology obtained through RTI dated 06.10.2021. Annexure A15 - True copy of the internal audit report of SCTIMST for the period 01.04.2017 to 31.03.2019.

Annexure A16 - True copy of the reply to the RTI request number MSTCH/R/ 2018/ 50510 from the Department of Science and Technology 11.10.2018. Annexure A17 - True copy of the page No. 251 of the Annual Report for the year 2018-19 of showing list of governing body members of SCTIMST. Annexure A18 - True copy of the order of the Personnel and Administrative Division, SCTIMST dated 06.08.2021 numbered as P&A II/Head BMT/203/ SCTIMST/2021.

Annexure A19 - True copy of the order of the Personnel and Administrative Division, SCTIMST dated 26.10.2021 numbered as P&A.II/462/7/ SSSC/SCTIMST/2019-20.

Annexure R-2(a) - A true copy of the appointment order No. P&A.I/X/77/ SCTIMST/2020 dated 09.11.2020 of Dr. Jayakumar K. as Director in Charge of the Institute by the Administrative Officer as per the nomination of the 2nd respondent.

Annexure R-2(b) - A true copy of the ACC APPROVAL No. 22/26/2020-EO(SM.II) dated 18.01.2021 in respect of Dr. K. Jayakumar.

Annexure R-2(c) - A true copy of the letter No. AI/12/7/SCTIMST/2021 dated 16.07.2021 regarding the process of approval of appointment of Director, Dr. Ajit Kumar V.K by the Competent Authority of GOI.

Annexure R-2(d) - A true copy of the Communication No. 22/26/2020-EO(SM-II) dated 06.08.2021 issued by the Appointments Committee of the Cabinet.

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