Kerala High Court
The Secretary To Government vs Poly C.T on 20 October, 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 20th day of October 2021 / 28th Aswina, 1943
OP(KAT) NO. 494 OF 2019
AGAINST THE ORDER DATED 12/04/2019 in OA 2668/2016 OF THE KERALA ADMINISTRATIVE
TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/RESPONDENTS IN OA:
1. THE SECRETARY TO GOVERNMENT, WATER RESOURCES (A) DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.
AND ANOTHER
RESPONDENT/APPLICANT IN OA:
POLY C.T., AGED 56 YEARS,S/O THOMAS, OVERSEER GRADE III (RETIRED),
RESIDING AT CHELIPARAMBIL VEEDU, PONJANAM P.O., KATTOOR, THRISSUR,
PIN-680702.
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 the further proceedings in pursuance to
Exhibit P4 order of the Kerala Administrative Tribunal in OA NO 2668/2016
pending disposal of the Original Petition (KAT)
This petition coming on for orders on 20/10/2021 upon perusing the
petition and the affidavit filed in support of OP(KAT) and upon hearing
the arguments of GOVERNMENT PLEADER , for the petitioners and of
Sri.P.Nandakumar,Advocate for the respondent ,the court passed the
following:
ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
.................................................................
O.P.(KAT) No.494 of 2019
[Arising out of the impugned order dated 12.04..2019 in
O.A. No.2668 of 2016 on the file of the KAT, TVM Bench]
O.P.(KAT) No.67 of 2021
[Arising out of the impugned order dated 20.01.2020 in
O.A.(EKM) No.189 of 2016 on the file of the KAT, TVM Bench]
&
O.P.(KAT) No.249 of 2021
[Arising out of the impugned order dated 07.01.2021 in
O.A. No.1838 of 2018 on the file of the KAT, TVM Bench]
.................................................................
Dated this the 20th day of October, 2021
ORDER
Though the Registry has noted that the notice on the sole respondent in the O.P(KAT) No.249 of 2021 has been duly completed by special messenger, there is no appearance for the party. Hence, it may be better to wait for some more time to ascertain whether the said party will appear through counsel in the meanwhile.
2. Learned Government Pleader will ascertain as to whether any SLP (Civil) has been preferred by the State to impugne the judgment dated 07.09.2016 rendered by a Division Bench of this Court in O.P(KAT) No.416 of 2014 [Sadanandan v. State of Kerala and others - 2016 (5) KHC 377] and if so, the O.P.(KAT) No.494 of 2019 [Arising out of the impugned order dated 12.04..2019 in O.A. No.2668 of 2016 on the file of the KAT, TVM Bench] O.P.(KAT) No.67 of 2021 [Arising out of the impugned order dated 20.01.2020 in O.A.(EKM) No.189 of 2016 on the file of the KAT, TVM Bench] & 2 O.P.(KAT) No.249 of 2021 [Arising out of the impugned order dated 07.01.2021 in O.A. No.1838 of 2018 on the file of the KAT, TVM Bench] details of the SLP and its outcome. Registry will also ascertain as to whether any such SLP has been filed in the aforecited case.
3. Both sides will address this Court as to the applicability or otherwise of the dictum laid down by the Apex Court in the recent decision in the case in V. Sukumaran v. State of Kerala and another [(2020) 8 SCC 106] and that of the Larger Bench of this Court in the case in Francis v. Kerala State Road Transport Corporation [2015 (1) KLT 1051(L.B.)] to the facts of this case. So also, both sides may address this Court as to the impact of the recent judgment of the Apex Court in Malook Singh and others v. State of Punjab and others [Civil Appeal Nos.6026-6028 of 2021 dated 28.09.2021], wherein it has been held that the provisional service prior to regularisation cannot be counted for the purpose of seniority. So also, this Court may be apprised as to the impact of the various provisions as in Rules 4, 10, 11, 12, 13 and 14A in Part III KSR to the facts in the instant case.
O.P.(KAT) No.494 of 2019
[Arising out of the impugned order dated 12.04..2019 in O.A. No.2668 of 2016 on the file of the KAT, TVM Bench] O.P.(KAT) No.67 of 2021 [Arising out of the impugned order dated 20.01.2020 in O.A.(EKM) No.189 of 2016 on the file of the KAT, TVM Bench] & 3 O.P.(KAT) No.249 of 2021 [Arising out of the impugned order dated 07.01.2021 in O.A. No.1838 of 2018 on the file of the KAT, TVM Bench]
4. Registry may also place on record a copy of the decision rendered by the Apex Court in Ram Naresh Rawat v. Ashwini Ray and others [(2017) 3 SCC 436] for perusal of this Court.
List these cases in the admission list on 03.11.2021. Handover Sd/-
ALEXANDER THOMAS JUDGE Sd/-
VIJU ABRAHAM JUDGE cks 20-10-2021 /True Copy/ Assistant Registrar