Kerala High Court
M.Muhammed Huwaiz vs State Of Kerala on 17 April, 2019
Bench: P.V.Asha, Sathish Ninan
O.P(KAT) No.171/19 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
&
THE HONOURABLE MR. JUSTICE SATHISH NINAN
WEDNESDAY, THE 17TH DAY OF APRIL 2019 / 27TH CHAITHRA, 1941
OP(KAT).No. 171 of 2019
AGAINST THE ORDER/JUDGMENT IN OA 581/2019 of KERALA
ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM DATED 26-03-2019
PETITIONER:
M.MUHAMMED HUWAIZ
AGED 45 YEARS
S/O PROF. K.MUHAMMED KUNJU,
PRESENTLY WORKING AS PROGRAMME MANAGER, 2ND FLOOR,
PTC TOWERS, SS KOVIL ROAD, THAMPANOOR,
THIRUVANANTHAPURAM-695 001
RESIDING AT KALLEELIL, PUTHENCHANTHA P.O., CHAVARA,
KOLLAM-691583.
BY ADVS.
DR.K.P.PRADEEP
SMT.ANJANA KANNATH
SMT.NEENA ARIMBOOR
SMT.T.THASMI
SRI.SANAND RAMAKRISHNAN
SRI.T.T.BIJU
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY,
LSG DEPARTMENT, GOVERNMENT SECRETARIATE,
THIRUVANANTHAPURAM-695 001.
2 DIRECTOR OF URBAN AFFAIRS
LSG DEPARTMENT, GOVERNMENT OF KERALA,
SWARAJ BHAVAN, NANTHANCODE,
THIRUVANANTHAPURAM-695 003.
O.P(KAT) No.171/19 2
3 CHIEF EXECUTIVE OFFICER
LIFE MISSION, GOVERNMENT OF KERALA,
2ND FLOOR, PTC TOWERS, SS KOVIL ROAD,
THAMPANOOR, THIRUVANANTHAPURAM-695 001.
SRI.V.TEKCHAND GP
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 17.04.2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
O.P(KAT) No.171/19 3
P.V.ASHA & SATHISH NINAN, JJ.
--------------------------
O.P(KAT) No.171 of 2019-Z
-------------------------------------------
Dated this the 17th day of April, 2019
JUDGMENT
Asha, J.
The petitioner challenges Ext.P2 order passed by the Kerala Administrative Tribunal (K.A.T) in O.A.No.581 of 2019 in which he challenged the order terminating his deputation and his repatriation as Municipal Secretary at Varkala.
2. The petitioner's deputation to the Life Mission project as Project Manager was ordered as per Annexure-A2 on 09.11.2017 w.e.f 26.10.2017 for a period of one year while he was working as Municipal Secretary, Panthalam. Even though the Director of Urban Affairs recommended extension of deputation in Annexure-A3 order dated 26.11.2018 and the self appraisal report was called for by the Government which was forwarded by the Life Mission, extension of deputation was not granted. On the other hand, as per Annexure-A5 order dated 07.03.2019, he is posted back as Secretary at Varkala Municipality. The petitioner challenged the same before the K.A.T in O.A.No.581 of 2019. The K.A.T found that deputation under Rule 9B of Part III KS&SSR is purely under the discretion of the Government. Relying on the judgments including that of the Honourable Supreme Court and this Court it was found that it is within the powers of the Government to send an employee on deputation and to decide whether to permit him to continue on deputation and that the employee does not have any say in the matter.
O.P(KAT) No.171/19 4
2. The petitioner points out that the orders terminating his deputation and his posting back as Municipal Secretary were issued after declaration of election.
3. It is seen that the petitioner's deputation was only for a period of one year as per Annexure-A2 order. That period was over as early as on 26.10.2018. Ext.P4 order is issued on the basis of an order issued on 07.3.2019. In case the Government found that it is not necessary to allow the petitioner to continue on deputation, it is purely within the discretion of the Government to issue orders notwithstanding the recommendation made by the 2 nd respondent or the CEO of Life Mission Project.
4. We do not find any circumstance to interfere with Ext.P2 order passed by the K.A.T. However, it is made clear that the petitioner would be free to move the respondents for regularisation of the period during which he continued on deputation till Ext.P4 order was issued.
The Original Petition is dismissed with the above observations.
Sd/- (P.V.ASHA, JUDGE) Sd/- (SATHISH NINAN, JUDGE) rtr/ O.P(KAT) No.171/19 5 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE MEMORANDUM OF ORIGINAL APPLICATION IN OA NO.581 OF 2019 ON THE FIELS OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM.
EXHIBIT P1(A1) TRUE COPY OF THE ORDER NO.GO(RT.) NO.3283/2017/LSGD DATED 11.10.2017 ISSUED BY THE IST RESPONDENT.
EXHIBIT P1(A2) TRUE COPY OF THE POSTING ORDER NO.LF 10(1)/2017/LIFE DATED 9.11.2017 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P1(A3) TRUE COPY OF THE COMMUNICATION NO.E2- 32477/17 DATED 26.11.2018 ISSUED BY THE 2ND RESPONDENT TO THE IST RESPONDENT.
EXHIBIT P1(A4) TRUE COPY OF THE COMMUNICATION NO.LF10/2017/LIFE DATED 31.1.2019 WITH ANNEXURE SUBMITTED BY THE 3RD RESPONDENT TO THE IST RESPONDENT.
EXHIBIT P1(A5) TRUE COPY OF THE ORDER GO(MS) NO.563/2019/LSGD DATED 7.3.2019 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 26.3.2019 IN OA 581 OF 2019 OF THE LEARNED KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM.
EXHIBIT P3. TRUE COPY OF THE COMMUNICATION NO.LSGD-
DB1/702/2018-LSGD DATED 23.1.2019 ISSUED BY THE IST RESPONDENT TO THE 3RD RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE ORDER NO.LF 10/2017/LIFE DATED 20.3.2019 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE LEAVE APPLICATION DATED
5.3.2019 SUBMITTED ON 6.3.2019 BY THE PETITIONER TO THE 3RD RESPONDENT.