Kerala High Court
K. O. Antony vs State Of Kerala on 9 March, 2015
Bench: K.Surendra Mohan, P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN
&
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 8TH DAY OF JANUARY 2016/18TH POUSHA, 1937
OP(KAT).No. 1 of 2016 (Z)
--------------------------
AGAINST THE ORDER IN OA 377/2015 of KERALA ADMINISTRATIVETRIBUNAL,
THIRUVANANTHAPURAM DATED 09-03-2015
PETITIONER/APPLICANT:
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K. O. ANTONY
S/O. LATE OUSO, PHARMACIST GR.I (H/G),
GOVERNMENT AYURVEDA DISPENSARY,
METHALA, ANAPPUZHA - 680 667 & RESIDING AT KUNNATHUR HOUSE,
POYYA - 680 733, THRISSUR DISTRICT.
BY ADV. SRI B RAMACHANDRAN
RESPONDENTS/RESPONDENTS:
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1. STATE OF KERALA
REPRESENTED BY SECREARY, MINISTRY OF HEALTH,
GOVT. SECRETAIRAT, THIRUVANANTHAPURAM - 695 001.
2. THE DIRECTOR
INDIAN SYSTEMS OF MEDICINE, STATUE JUNCTION,
THIRUVANANTHAPURAM - 695 001.
3. THE DISTRICT MEDICAL OFFICER
INDIAN SYSTEMS OF MEDICINE, THRISSUR - 680 001.
BYSR. GOVERNMENT PLEADER, SRI.K.C.VINCENT
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 08-01-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(KAT).No. 1 of 2016 (Z)
--------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
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EXT.P1 - A TRUE COPY OF OA NO. 377/2015 DT 02.3.2015.
ANNEXURE-A1: COPY OF ONE OF THE APPOINTMENT ORDER OF THE
APPLICANT AS PHARMACIST GR.II DT.7.3.1992.
ANNEXURE-A2: COPY OF ORDER DT.6.6.2012 IN O.A.NO.246/2012.
ANNEXURE-A3: COPY OF ORDER BEARING G.O.(RT) NO.2619/H&FWD
DT.19.7.2013.
ANNEXURE -A4: COPY OF ORDER BEARING G.O.(RT) NO.2657/2013/H&FWD
DT.23.07.2013.
ANNEXURE-A5: COPY OF REPRESENTATION DT.18.2.2014.
ANNEXURE-A6: COPY OF LETTER DT. 29.03.2014 OF THE 3RD RESPONDENT.
ANNEXURE-A7: COPY OF ORDER DT.17.01.2015 OF THE 1ST DEFENDANT.
EXT. P2 - A TRUE COPY OF ORDER DT. 09.3.2015 IN OA 377/2015.
RESPONDENT(S)' EXHIBITS NIL
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//TRUE COPY//
PA TO JUDGE
K.SURENDRA MOHAN & P.V.ASHA, JJ.
---------------------------------
O.P.(KAT) No.1 of 2016
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Dated this the 8th day of January, 2016
J U D G M E N T
~~~~~~~~~~~ Surendra Mohan, J.
The petitioner was appointed as Pharmacist Gr.II under the respondents provisionally through Employment Exchange for the periods from 24.4.1990 to 19.4.1991, 17.2.1992 to 11.03.1993 and 13.01.1994 to 7.01.1995. Subsequently, the petitioner was regularly appointed as Pharmacist Gr.II on 14.6.1995. According to the petitioner, the period of service rendered by him on the basis of his provisional appointment should also be counted for fixing his pay scale. Though the petitioner submitted a representation before the 3rd respondent claiming refixation of his salary, it was rejected. The petitioner filed a statutory appeal against order of rejection and also approached the Kerala Administrative Tribunal (KAT) by filing O.A.No.1105/2014. The said O.A. was disposed of directing the Government to consider the claim of petitioner. The first respondent again rejected the O.P.(KAT) No.1 of 2016 -2- appeal, after such reconsideration. The said order was under
challenge in O.A.No.377/2015. It was contended by the petitioner that similar benefits have been granted to other persons as per Annexures-A2 to A4 proceedings. However, the KAT has dismissed the O.A. by Ext.P2 order. The petitioner has filed this O.P. challenging the said order.
2. According to Sri. B. Ramachandran, who appears for the petitioner, the petitioner is entitled to claim the benefit of the service that he has put in on the basis of his provisional appointment. The reasoning of the KAT that the regular appointment to the post of Pharmacist Gr.II being through the Public Service Commission, the provisional service put in pursuant to an appointment through Employment Exchange could not be taken into account is attacked as wrong and unsustainable. Therefore, the counsel seeks interference with the order of the KAT.
3. The learned Government Pleader, on the other hand, disputes the claim of the learned counsel for the petitioner and contends that the KAT has considered the issue properly. The petitioner is not entitled to claim the benefit of the broken O.P.(KAT) No.1 of 2016 -3- periods of provisional service put in by him. He was granted provisional appointment through the employment exchange, whereas his regular appointment was through the Public Service Commission.
4. Having heard the respective counsel at length, we are not satisfied that the impugned order warrants interference in exercise of our jurisdiction under Article 227 of the Constitution of India. The KAT has considered the issue in the proper perspective. The regular appointment to the post of Pharmacist Gr.II is through the Public Service Commission. The benefit of the provisional appointment over broken periods claimed by the petitioner was through the Employment Exchange. The KAT has noticed that in Annexure-A2 to A4 proceedings, the incumbents therein were part time contingent employees, whose regular appointment was also through the Employment Exchange. It was for the said reason that they were held entitled to the benefit of the earlier provisional service put in by them pursuant to their recruitment through the Employment Exchange. The facts are not similar in the present case. The KAT has also noticed that the petitioner's regular appointment was after O.P.(KAT) No.1 of 2016 -4- 1.10.1994. As per the dictum of the Full Bench of this Court, only persons appointed prior to the said date would be entitled to the benefit of their prior provisional service.
For the aforesaid reasons, we find no reason to admit this Original Petition or to grant any of the reliefs sought for by the petitioner. The Original Petition fails and is accordingly dismissed.
sd/-
K.SURENDRA MOHAN JUDGE sd/-
P.V.ASHA JUDGE ps/10/1/16