Kerala High Court
The Kerala Administrative Tribunal ... vs Union Of India on 2 November, 2021
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque, Sophy Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
Tuesday, the 2nd day of November 2021 / 11th Karthika, 1943
WP(C) NO. 10706 OF 2021(S)
PETITIONERS:
1 THE KERALA ADMINISTRATIVE TRIBUNAL ERNAKULAM
ADVOCATES ASSOCIATION (KATEAA), REPRESENTED BY ITS SECRETARY,
ADVOCATE T.R.RAJESH, 3RD FLOOR, KERALA ADMINISTRATIVE TRIBUNAL,
MERCURY CHAMBERS, SADANAM ROAD, JOSE JUNCTION, KOCHI, KERALA-682 016.
2 R.K. MURALIDHARAN, AGED 56, S/O. DAMODARAN NAIR, ADVOCATE,
T/19, EMPIRE BUILDING, KOCHI, KERALA-682 018.
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY SECRETARY TO GOVERNMENT OF INDIA,
MINISTRY OF LAW & JUSTICE (DEPARTMENT OF JUSTICE),
JAISELMER HOUSE, 26, MANSION ROAD, NEW DELHI-110 011.
2 THE SECRETARY TO GOVERNMENT OF INDIA,
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSION,
(DEPARTMENT OF PERSONNEL AND TRAINING) 102, NORTH BLOCK,
CENTRAL SECRETARIAT, NEW DELHI - 110 000.
3 THE STATE OF KERALA,
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT,
PERSONNEL AND ADMINISTRATIVE REFORMS (RULES) DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA-695 001.
4 THE SELECTION COMMITTEE,
(SELECTION OF MEMBERS FOR THE KERALA ADMINISTRATIVE TRIBUNAL),
HIGH COURT OF KERALA, ERNAKULAM, KOCHI, KERALA-682 031,
REPRESENTED BY ITS CHAIRMAN.
P.T.O.
WRIT PETITION (CIVIL) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be pleased
to stay all further proceedings pursuant to Exhibit P12, pending disposal of
the Writ Petition.
This petition again coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and this Court's order dated
12/10/2021 and upon hearing the arguments of SRI.S.RAMESH BABU (SENIOR
ADVOCATE) along with M/S.VINOD MADHAVAN, SHARATH S.PUTHENPARAMPAN & P.M.MAZNA
MANSOOR Advocates for the petitioners, SRI.P. VIJAYAKUMAR, ASSISTANT SOLICITOR
GENERAL OF INDIA for R1 & R2 and of SENIOR GOVERNMENT PLEADER for R3 & R4, the
court passed the following:
P.T.O.
A.MUHAMED MUSTAQUE & SOPHY THOMAS, JJ.
----------------------------------------------------
WPC Nos. 10706, 12707 & 23776 of 2021
----------------------------------------------------
Dated this the 2nd day of November, 2021
ORDER
A.Muhamed Mustaque, J Read earlier orders passed in this matter.
2. Based on the above orders, the Chief Secretary of State Government has sworn an affidavit. It is submitted, in paragraph 16 of the said affidavit, that after the appointment of the Chairman of the Kerala Administrative Tribunal, the Government by letter dated 16.10.2021, addressed the Registrar General, High Court of Kerala for reconstitution of the selection committee in line with the provisions of the Tribunal Reforms Act, 2021. However, that letter has not been appended along with the affidavit. We are of the view that a copy of the letter be placed before this Court by next posting.
3. The learned Senior Counsel appearing for the WPC Nos. 10706, 12707 & 23776 of 2021 ..2..
petitioner in W.P. (C) No.12707 of 2021 and the learned counsel appearing for the petitioner in W.P (C) No.10706 of 2021 submitted that one of the judicial member, namely, V. Rajendran is retiring tomorrow (3.11.2021) on his attaining the age of 65 years as per the old rules. However, it is submitted that in the light of provisions of the new enactment, the judicial member can continue up to the age of 67 years.
4. The learned Senior Counsel Sri. Ranjith Thampan also placed before us the orders of the Apex Court in permitting the continuation of a member till the selection process regarding the vacancies of certain tribunals is completed. We will hear the matters regarding continuation of the judicial members at a later stage as we want to know the contents of the letter addressed by the Chief Secretary to Registrar General, WPC Nos. 10706, 12707 & 23776 of 2021 ..3..
High Court of Kerala.
5. In the light of the new provisions of the Tribunal Reforms Act, 2021, we permit both the judicial members to continue till further orders are passed in this matter by this Court in next posting.
Post on 9.11.2021.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE Sd/-
SOPHY THOMAS, JUDGE PR 02-11-2021 /True Copy/ Assistant Registrar