Central Administrative Tribunal - Ernakulam
Hon'Ble Shri U Sarathchandran vs The Administrator on 15 May, 2017
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH, ERNAKULAM
Original Application No.181/00037/14 &
181/00038/14
Monday, This the 15th day of May, 2017
CORAM :
HON'BLE SHRI U SARATHCHANDRAN, MEMBER (J)
HON'BLE SHRI E K BHARAT BHUSHAN, MEMBER(A)
G.K.Mohammed, aged 52 years,
S/o Ibrahim, Lecturer in Economics,
Govt. Senior Secondary School,
Minicoy,
Residing at: Gondialikagothi Aoumago,
Minicoy. . . . Applicant in OA 37/14
A Saju Thomas, aged 48 years,
S/o late Thomas, Lecturer in Mathematics,
Govt. Senior Secondary School,
Kavaratti,
Residing at: Anamthuruthy House,
Kadavanthra . . . Applicant in OA 38/14
By Advocate Shri T.A.Rajan
V/s
1 The Administrator, Union Territory of Lakshadweep,
Kavaratti - 682555.
2 The President cum Chief Counsellor,
District Panchayat,
Union Territory of Lakshadweep,
Kavaratti - 682555
3 The Chief Executive Officer,
Lakshadweep District Panchayat,
(Department of Education),
Kavaratti - 682555.
4 The Senior Administrative Officer,
Lakshadweep District Panchayat,
(Department of Education),
Kavaratti-682555. ... Respondents
By Advocate Shri S Manu (R-1,3 & 4)
ORDER
Per Hon'ble Shri E K Bharat Bhushan, Member(A) 1 As the grievance of the applicants in OAs 37/14 and 38/14 as well as the reliefs sought are identical, both the OAs are being disposed of by a common order.
2 In OA 37/14, Shri G K Mohammed, the applicant has been working as a Lecturer in Economics in the Government Senior Secondary School, Minicoy. He has been given the additional charge of the post of Principal with powers of DDO at the same school on adhoc basis through the order at Annexure A/2 dated 16.5.2014. He maintains in the application that he is unwilling to take up this additional charge for various reasons such as, heavy burden of his regular work and unfamiliarity with matters relating to accounts and administration. It is pointed out that his consent was never taken and the additional charge was imposed upon him unilaterally. He prays that the order may be declared as arbitrary and illegal. This Tribunal is also requested to declare that the consent of the individual should be obtained before giving additional charge to the lecturers.
3 OA 38/14, Shri A Saju Thomas, the applicant has been working as a Lecturer in Mathematics in the Government Senior Secondary School, Kavaratti. He has been given the additional charge of the post of Principal at Kiltan with delegated powers of DDO as well on adhoc basis. The true copy of the said order is produced and marked as Annexure A/1. The reasoning he has adopted is identical to those of the applicant in OA 37/14. 4 In the reply statement of the respondents, it has been maintained that the authorities had no other alternative but to manage the school through adhoc Principals until regular Recruitment Rules, which is under process, is approved by Government of India in respect of Union Territories. It is further maintained that the applicants are required only to work as Principals and their teaching responsibility had been given to guest lecturers.
5 Shri T A Rajan, learned counsel for the applicant and Shri S Manu, learned counsel for the respondents have been heard and all the pleadings and documents annexed thereto perused. 6 The counsel for the respondents raised the preliminary objections stating that this Tribunal has no jurisdiction over the issue. It is pointed out that the order under challenge is issued by Lakshadweep District Panchayat (Department of Education), Kavaratti. Being a local body under the Panchayat system, the respondent organisation does not come under the jurisdiction of the Central Administrative Tribunal Act and is not subject to the jurisdiction of this Tribunal. Being so this Tribunal has no authority to adjudicate the matter contained in OA 37/14 & 38/14. Accordingly both the OAs may be dismissed.
7 After hearing both the counsel, we are of the opinion that the stand of respondents counsel is justified. Hence, both OAs deserves to be dismissed and is accordingly dismissed. There shall be no order as to cost.
(E K BHARAT BHUSHAN) (U SARATHCHANDRAN)
MEMBER(A) MEMBER(J)
abp