Kerala High Court
Able Tom George vs Union Of India on 6 February, 2025
Author: Amit Rawal
Bench: Amit Rawal
OP (CAT) No.3/2024 1/5 Order Date : 06-02-2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
Thursday, the 6th day of February 2025 / 17th Magha, 1946
OP (CAT) NO. 3 OF 2024
OA 180/2019 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER(S)/APPLICANT IN OA:
ABLE TOM GEORGE, AGED 32 YEARS, S/O GEORGEKUTTY, RESIDING AT
NELLUVELIL HOUSE, UPPUTHARA VILLAGE, IDUKKI DISTRICT, PIN - 685505
RESPONDENT(S)/1ST AND 2ND RESPONDENTS IN O.A:
1. UNION OF INDIA, REPRESENTED BY SECRETARY DEPARTMENT OF SCIENCE AND
TECHNOLOGY, TECHNOLOGY BHAVAN, NEW DELHI, PIN - 110016
2. SREE CHITHIRA THIRUNAL INSTITUTE OF MEDICAL SCIENCE AND TECHNOLOGY
TRIVANDRUM, MEDICAL COLLEGE P.O., TRIVANDRUM, PIN - 695011
OP (CAT) praying inter alia that in the circumstances stated in the
affidavit filed along with the OP (CAT) the High Court be pleased to a)
Call for the records relating to Exhibit P8 and set aside the impugned
order. Exhibit P8. b) Direct the respondent No.2 to appoint the Applicant
as Junior Social Worker with immediate effect. c) Pass such order/orders
as this Honble Court deems just and proper in the facts and circumstance
of the case.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of OP (CAT) and this Court's order
dated 16/01/2025 and upon hearing the arguments of M/S. SADHANA KUMARI
ESWARI & K.S.ARUNI RAJ, Advocate for the petitioner, and of Sajith Kumar
V. Advocates for the respondents, the court passed the following:
OP (CAT) No.3/2024 2/5 Order Date : 06-02-2025
AMIT RAWAL & K.V.JAYAKUMAR, JJ.
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O.P.(CAT) No.3 of 2024
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Dated this the 06th day of February, 2025
ORDER
AMIT RAWAL, J.
This Court on 27.05.2024 passed a detailed order, wherein it was noted that after having notified two(2) Unreserved and one(1) SC posts, the department had undertaken the task of creating three(3) posts. This fact had been admitted in paragraph No.12 of the reply statement filed by the second respondent. The same reads as under:
"12.It is humbly submitted that out of the 3 posts of Junior Social Worker created by Annexure A3, one post each were allotted to Cardiology department, Neuro Intervention Centre and Comprehensive Neuro Stroke programme. Out of the three, the Cardiology department had requested to appoint a person having specific qualification and experience in Cardiological department and therefore, one vacancy was earmarked for separate notification to meet the requirement in cardiology department. The remaining 2 departments, OP (CAT) No.3/2024 3/5 Order Date : 06-02-2025 O.P.(CAT) No.3 of 2024 -2- namely, Neuro Intervention Centre and Comprehensive Neuro Stroke programme agreed to fill up the newly created vacancies from the cadre of Junior Social Workers. However, Social Worker cum program co- ordinator post in the Sleep unit got merged into the cadre of Junior Social Worker and the cadre strength retained at 14."
2. In paragraph No.9, it is averred that after the notification, one more post was created; the person at Serial No.4, Remya, was given the appointment, whereas the petitioner is at Serial No.5. The explanation given is that three(3) additionally created posts belong to different categories, i.e., cardiology and neuro department.
3. Noticing all these, we called upon Mr.V.Sajith Kumar, learned Standing Counsel for respondent No.2, to file an affidavit to this effect. An affidavit dated 15.01.2025 has been filed, but the aforementioned affidavit is conspicuously wanting the creation of the three(3) posts, rather an attempt was made to overcome OP (CAT) No.3/2024 4/5 Order Date : 06-02-2025 O.P.(CAT) No.3 of 2024 -3- the adverse order that three(3) posts created for the Junior Social Worker had been converted into Telephone Operator, in order to prevent the wrath of the Court.
4. Faced with the situation, we call upon Mr.V.Sajith Kumar, to justify the same or come out with an alternative to adjust the petitioner.
5. Learned Standing Counsel for the second respondent seeks two weeks time to appraise this Court.
Post this matter on 28.02.2025. It is made clear that if no plausible explanation is forthcoming, we may be constrained to call the Director and file an affidavit to justify the practice of adjusting the persons through backdoor entry and then convert the post to other cadre.
Sd/-
AMIT RAWAL JUDGE Sd/-
K.V.JAYAKUMAR
vv JUDGE
OP (CAT) No.3/2024 5/5 Order Date : 06-02-2025
APPENDIX OF OP (CAT) 3/2024
Annexure A4 TRUE COPY OF THE ORDER DATED ADVT.NO.P&AII/30/JSW-IN/
SCTIMST/2O18 IS DATED 20-08-2018.
Annexure A1 TRUE COPY OF NOTICE BEARING
NO.P&A.II/21/JSSC/SCTIMST/2015 DT. 26-08-2015. Annexure A2 TRUE COPY OF THE RANK LIST OF SELECTED CANDIDATES FOR THE POST OF JUNIOR SOCIAL WORKER BEARING NO.P&AII /377/ JSSC/ SCTIMST/2015 DT.20-02-17 Annexure A3 TRUE COPY OF THE RELEVANT PORTION OF MINUTES OF THE 97TH GOVERNING BODY MEETING HELD IN 13-11-2016. Annexure A5 TRUE COPY OF RANK LIST OF SELECTED CANDIDATES FOR THE POST OF JUNIOR SOCIAL WORKER (TEMPORARY)(WALK-IN- INTERVIEW HELD ON 25/09/2018) PUBLISHED ON 09/10/2018. Annexure A6 TRUE COPY OF ONE OF THE RELIEVING CERTIFICATE ISSUED TO ONE CANDIDATE NAMELY JOSNA ANTONY (4 RANK). Annexure A7 TRUE COPY OF A LIST OF ALL THE JUNIOR SOCIAL WORKERS AND MEDICO SOCIAL WORKERS, CURRENTLY EMPLOYED PERMANENTLY BY THE RESPONDENT INSTITUTION. Annexure A8 TRUE COPY OF COPY OF THE ADVERTISEMENT NOTIFICATION DATED 14/10/2019.
Annexure A9 TRUE COPY OF APPLICATION FOR THE POST OF JUNIOR SOCIAL WORKER DT.26.08.2015 Annexure A10 TRUE COPY OF APPOINTMENT LETTER OF THE RESPONDENT NO.6 DT. 24/10/2018.
Annexure A10(A) TYPED COPY OF APPOINTMENT LETTER OF THE RESPONDENT NO.6.
Annexure A11 TRUE COPY OF APPOINTMENT LETTER OF THE RESPONDENT NO.7 DT.01.11.2018.
Annexure 11(A) TYPED COPY OF APPOINTMENT LETTER OF THE RESPONDENT NO.7 Exhibit P1 THE COPY OF THE ORIGINAL APPLICATION FILED BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL Exhibit P2 THE COPY OF THE REPLY STATEMENT OF MARCH 2019 Exhibit P3 THE COPY OF THE REJOINDER FILED BY THE APPLICANT TO THE EXHIBIT P2 REPLY OF THE RESPONDENT NO.2 Exhibit P4 THE ADDITIONAL REJOINDER WITH ITS ANNEXURE Exhibit P5 COPY OF THE 2ND ADDITIONAL REJOINDER Exhibit P6 MISCELLANEOUS APPLICATION TO ACCEPT ADDITIONAL DOCUMENTS Exhibit P7 ADDITIONAL REPLY STATEMENT FILED BY THE RESPONDENT NO.2 DATED 07/09/2023 Exhibit P8 THE COPY OF THE ORDER IN OA NO. 180/00112/2019 DT 9/10/ 2023 EXHIBIT R2(a) A true copy of the minutes of the Governing Body of the 2nd Respondent Institute dated 21.07.2020