Kerala High Court
Stateof Kerala vs S. Chandra Mohan on 27 November, 2012
Author: T.R.Ramachandran Nair
Bench: T.R.Ramachandran Nair
IN THE HIGH COURT OF KERALAAT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
&
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
FRIDAY, THE 28TH DAY OF MARCH 2014/7TH CHAITHRA, 1936
OP(KAT).No. 4317 of 2013 (Z)
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AGAINST THE ORDER IN TA 1676/2012 of KERALAADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM, DATED 27-11-2012
PETITIONERS : -
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1. STATEOF KERALA,
REPRESENTED BY THE SECRETARY,
PUBLIC WORKS DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2. THE CHIEF ENGINEER (ADMINISTRATION),
PUBLIC WORKS DEPARTMENT,
THIRUVANANTHAPURAM - 695 033.
3. THE ACCOUNTANT GENERAL (A & E),
KERALA, THIRUVANANTHAPURAM - 695 039.
4. THE ACCOUNTANT GENERAL (A & E),
KERALA, THRISSUR - 680 020.
BY Sr. GOVERNMENT PLEADER SRI. R. PADMARAJ
RESPONDENTS : -
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1. S. CHANDRA MOHAN,
JANANI, H.No. 152 THOTTAM,
MANACAUD, THIRUVANANTHAPURAM - 695 009
(SPECIAL GRADE EXECUTIVE ENGINEER) (Rtd).
2. P. GOPALAKRISHNAN ACHARI,
THIRUVATHIRA, K.P. 7/565, 234 DARSHAN NAGAR, KUDAPPANKKUNNU.
3. S. JAYAN NAIR, SAFALYA, ALTHARA ROAD,
VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 010.
(SPECIAL GRADE EXECUTIVE ENGINEER) (Rtd).
R1-R3 BY ADV. SRI.B.RAGUNATHAN
R1-R3 BY ADV. SRI.M.SALIM
R1-R3 BY ADV. SRI.G.GOPALAKRISHNA PILLAI
R1-R3 BY ADV. SRI.R.SRINATH
R1-R3 BY ADV. SRI.V.M.JACOB
THIS OP KERALAADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD
ON 28-03-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(KAT).No. 4317 of 2013 (Z)
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APPENDIX
PETITIONERS' EXHIBITS :
Exhibit P1 : COPY OF THE ORDER DATED 12.10.2012 OF THE KERALA
ADMINISTRATIVETRIBUNAL.
Exhibit P2 : COPY OF THE TRANSFER APPLICATION.
Exhibit P3 : COPIES OF THE JUDGMENTS IN W.A. No.2462/05 AND W.A. No.2503/2005.
Exhibit P4 : COPY OFA COMMON JUDGMENT DATED 09.11.2000 IN O.P. Nos. 5005/99,
17431/2000 AND 30249/2000.
Exhibit P5 : COPY OF THE ORDER DATED 05.11.2001 IN CMP No. 54437/2001 IN OP.
No.23889/2001.
Exhibit P6 : COPY OF THE ORDER DATED 07.01.2002.
Exhibit P7 : COPY OF THE JUDGMENT DATED 28.02.2003 IN O.P.No.23889/2001.
Exhibit P8 : COPY OF THE ORDER DATED 27.11.2000.
Exhibit P9 : COPY OF THE INTERIM ORDER GRANTED BY THIS HON'BLE COURT IN
WRIT APPEAL No.904/2012.
Exhibit P10 : COPY OF THE COUNTER AFFIDAVIT FILED BY THE APPELLANTS.
Exhibit P11 : COPY OF THE REPLY AFFIDAVIT FILED BY THE PETITIONERS ON 15.12.09.
RESPONDENTS' EXHIBITS : NIL.
// TRUE COPY //
P.A. TO JUDGE
DMR/-
T.R. RAMACHANDRAN NAIR
&
K. ABRAHAM MATHEW, JJ.
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O.P. (KAT) No. 4317 of 2013
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Dated this the 28th day of March, 2014.
JUDGMENT
T.R. Ramachandran Nair, J.
This Original Petition is filed by the State and others aggrieved by the order passed in T.A. No.1676/2012 of the Kerala Administrative Tribunal.
2. It is submitted by the learned counsel for the respondents that the issue raised herein is already covered in favour of the respondents in the light of the judgment in W.A.No.2503/2005 produced as Exhibit P3. Learned Government Pleader submitted that for the application of the dictum therein, two conditions were provided in paragraph 5 of the judgment, which are seen satisfied by the party respondents. It is submitted by the learned counsel for the respondents that their names are already in the Government Order Exhibit P2 (11). We have perused Exhibit.P2 (11) and Serial Nos.31, 37 and 41 are the respondents herein. In the light of the above, all the issues are covered already in favour O.P. (KAT) No. 4317 of 2013 2 of the respondents as per Exhibit P3 judgment in W.A. No.2503/2005. Hence, the Original Petition is dismissed. The order of the Tribunal is upheld and the follow up action to implement the direction in the order of the Tribunal will be taken expeditiously, at any rate, within a period of three months from the date of receipt of a copy of this judgment.
T.R. RAMACHANDRAN NAIR JUDGE K. ABRAHAM MATHEW JUDGE DMR/-