Kerala High Court
Ajal Ramakrisnan vs Vinod M.S on 10 November, 2021
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Wednesday, the 10th day of November 2021 / 19th Karthika, 1943
OP(KAT) NO. 154 OF 2021
(AGAINST THE ORDER DATED 09.12.2019 IN OA NO.1417/2019 OF THE KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM.)
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PETITIONERS/REVIEW APPLICANTS IN R A:
1.AJAL RAMAKRISHANAN,AGED 28 YEARS,
S/O.RAMAKRISHNAN,WORKSHOP INSTRUCTOR,
TECHNICAL HIGH SCHOOL, VANNAPURAM,
IDUKKI -685 607. RESIDING AT CHENNATTU HOUSE,
VANNAPURAM P.O., IDUKKI - 685 607.
2.GILEESH V.V.,AGED 43 YEARS,S/O.VALSAN V.S.,
WORKSHIP INSTRUCTOR, G.H.S.S.CHERANALLOOR,
KOOVAPPADY,PERUMBAVOOR,ERNAKULAM -683 544
RESIDING AT VADASSERY HOUSE, V.P.THURUTH,
CHENDAMANGALAM P.O.,N.PARAVOOR,ERNAKULAM - 683 512.
3.MANEESH C.C.,AGED 32 YEARS,S/O.K.K.CHANDRASEKHARAN,
WORKSHOP INSTRUCTOR, G.H.S.S.NEDUVELI,
KONCHIRA P.O.,VEMBAYAM,THIRUVANANTHAPURAM -695 615.
4.ALI AKBAR E.T.,AGED 35 YEARS,
S/O.MUSTHAFA,INSTRUCTOR GRADE II,
DEPARTMENT OF CHEMICAL ENGINEERING,
GOVERNMENT ENGINEERING COLLEGE,WEST HILL,
KOZHIKODE - 673005.RESIDING AT VEERAKULATH HOUSE,
THURAKKAL P.O.,KONDOTTY,MALAPPURAM -673 638.
P.T.O.
5.SHEFY YOOSEF,AGED 31 YEARS,S/O.YOOSEF SULAIMAN
DEMONSTRATOR IN ELECTRONICS,GOVERNMENT POLYTECHNIC COLLEGE,
VECHOOCHIRA, PATHANAMTHITTA - 686 511.
RESIDING AT OMANNIL HOUE, CHATHANTHARA P.O.,
PATHANAMTHITTA - 686 510.
RESPONDENTS/RESPONDENTS IN RA:
1.VINOD M.S.,S/O.SIVAKUMAR K.S.,AGED 35 YEARS,
RANK HOOLDER NO.73 IN RANK LIST NO.874/2016/SSVII
DATED 30/12/2016 RESIDING AT KRISHNAKRIPA,SARKARA,
CHIRAYINKEEZHU,THIRUVANANTHAPURAM -695 304.
2.ABHIROOP V.M.,S/O.J.VIJAYAKUMAR,AGED 31 YEARS,
RANK HOLDER NO.3 IN SUPPLEMENTARY RANK LIST
(LATIN CATHOLICS/ANGLO INDIAN) IN RANK LIST NO.874/2016/SSVII
DATED 30/12/2016 RESIDING AT DELIGHT, MVC-46 TC 11/582-1,
MUSEUM BAINS COMPOUND, KOWDIAR -695 003.
3.STATE OF KERALA,REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM -695 001.
4.HIGHER EDUCATION DEPARTMENT GOVERNMENT OF KERALA,
REPRESENTED BY PRINCIPAL,SECRETARY TO HIGHER EDUCATION,
GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM -695001.
5.FINANCE DEPARTMENT,GOVERNMENT OF KERALA,
REPRESENTED BY PRINCIPAL SECRETARY TO FINANCE,
GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM - 695001.
6.DIRECTORATE OF TECHNICAL EDUCATION,
REPRESENTED BY DIRECTOR OF TECHNICAL EDUCATION,
PADMAVILASOM STREET,FORT P.O.,THIRUVANANTHAPURAM -695 023.
P.T.O.
7.ALL INDIA COUNCIL FOR TECHNICAL EDUCATION,
REPRESENTED BY ITS CHAIRMAN,NELSON MANDELA MARG,
VASANT KUNJ,NEW DELHI -110 070.
8.KERALA PUBLIC SERVICE COMMISSION,REPRESENTED BY ITS SECRETARY,
PATTOM,THIRUVANANTHAPURAM - 695004.
9.THE SECRETARY,KERALA PUBLIC SERVICE COMMISSION ,
PATTOM,THIRUVANANTHAPURAM - 695004.
10.SUJITH KUMAR K.V.,AGED 36 YEARS,S/O.S.KESAVAN ASHAN,
RESIDING AT SAROVARAM, VENKAVILA, IRINCHAYAM P.O.,
NEDUMAMGAD,THIRUVANANTHAPURAM - 695 561.
PRESENTLY WORKING AS WORKSHOP INSTRUCTOR,
GOVERNMENT TECHNICAL HIGH SCHOOL,PAMPADY,KOTTAYAM -686 502.
11.KIRAN K.S.,AGED 37 YEARS,
S/O.KRISHNAN G.,DWARAKA,KUDUMBANOOR,
PRAVACHAMBALAM,NEMOM P.O.,THIRUVANANTHAPURAM - 695020.
PRESENTLY WORKING AS WORKSHOP INSTRUCTOR,
GOVERNMENT POLYTECHNIC COLLEGE,NEDUMANGAD -695 541.
OP (Kerala Administrative Tribunal) praying inter alia that in the
circumstances stated in the affidavit filed along with the OP(KAT) the
High Court be pleased to stay all further proceedings pursuant to Exhibit
P1 and P2 orders, pending disposal of the above Original Petition.
This petition coming on for orders on 10/11/2021 upon perusing the
petition and the affidavit filed in support of OP(KAT) and upon hearing
the arguments of M/S.P.NANDAKUMAR & AMRUTHA SANJEEV, Advocates for the
petitioners, and of M/S RAGHUL SUDHEESH, K.J.GLAXON, J.LAKSHMI, AMAL JEES
ALEX, Advocates for Respondents 1 and 2 and SHRI.SAJITH KUMAR V., Standing
Counsel , (ALL INDIA COUNCIL FOR TECHNICAL EDUCATION - AICTE) for the
Respondent No 7, the court passed the following:
P.T.O.
EXT.P1:TRUE COPY OF ORDER DATED 28.04.2021 IN RA NO.5 OF 2021
ON THE FILE OF THE KERALA ADMINISTRATIVE TRIBUNAL.
EXT.P2:TRUE COPY OF ORDER DATED 09.12.2019 IN O.A.NO.1417 OF 2019
ON THE FILE OF THE KERALA ADMINISTRATIVE TRIBUNAL.
ANNEXURE A2:TRUE COPY OF GO(MS)NO.210/2013/H.EDN DATED 30/05/2013
ANNEXURE A6:TRUE COPY OF RTI REPLY DATED 09/05/2019
RECEIVED FROM 4TH RESPONDENT.
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ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
=========================================
O.P(KAT) No.152 of 2021
[arising out of the orders of the KAT, Tvm Bench in R.A No.4/2021
dated 28.04.2021 and order dated 09.12.2019 in O.A No.1578/2019]
&
O.P(KAT) No.154 of 2021
[arising out of the orders of the KAT, Tvm Bench in R.A No.5/2021
dated 28.04.2021 in O.A No.1417/2019]
=========================================
Dated this the 10th day of November, 2021
ORDER
One of the main points that has been urged before us by Sri.P.Nandakumar, learned counsel appearing for the petitioners in the O.P in view of RA2 notification dated 20.05.2020 [see page 68 of the paper book in O.P(KAT) No.152/2021], the respondent-AICTE themselves have extended the cut-off date of 01.03.2019, by a further period of three years therefrom to enable the existing teaching faculty members, who are qualified or likely to be qualified for promotion. Further that, the main premise as if, the cut-off date of 01.03.2019 is inflexible and that, from 01.03.2019, the sole method of appointment can only be direct recruitment, etc., is on an erroneous premise and that, for the extended time upto 01.03.2022, existing teaching faculty members, who get qualified, can have the legal right to be considered for promotion, as per the existing Rules of the State Government and that this is notwithstanding the provision for exclusive method of direct recruitment, O.P(KAT) Nos.152 & 154 of 2021 2 laid down by the respondent-AICTE, as per Annexure-A6. In view of this submission, the learned Standing Counsel for the respondent-KSEB will immediately get instructions, as to whether the respondent-AICTE has issued a notification in the nature of Annexure-RA2 and whether the abovesaid contention of the petitioner is that they have the right to be considered for promotion till 01.03.2022, is tenable, etc. List these cases on 29/11/2021.
Hand Over Sd/-
ALEXANDER THOMAS, JUDGE Sd/-
VIJU ABRAHAM, JUDGE vgd 10-11-2021 /True Copy/ Assistant Registrar