Kerala High Court
Jayasree.N vs Represented on 21 October, 2014
Author: Antony Dominic
Bench: Antony Dominic, Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
&
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
TUESDAY, THE 4TH DAY OF NOVEMBER 2014/13TH KARTHIKA, 1936
OP(KAT).No. 370 of 2014 (Z)
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AGAINST THE ORDER/JUDGMENT IN OA 1989/2014 of
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
DATED 21/10/2014
PETITIONER : APPLICANT :-
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JAYASREE.N., AGED 44 YEARS,
WIFE OF SACHITH.P.A,
ASSISTANT PROFESSOR IN PRODUCTION-CUM-PLANT ENGINEERING,
GOVERNMENT ENGINEERING COLLEGE,
THRISSUR-680 009 (FACIG ORDER OF REVERSION)
RESIDING AT 1/864, SOUPARNIKA, KANATTUKARAP.O.,
THRISSUR 680011.
BY ADVS.SRI.S.RAMESH BABU (SR.)
SRI.N.KRISHNA PRASAD
SRI.K P KAMALAKARA BABU
SRI.P.RAVINDRANATH
SRI.IMAM G. KARAT
RESPONDENTS : RESPONDENTS :-
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1.REPRESENTED
STATE OF KERALA,
BY ITS SECRETARY,
HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUANANTHAPURAM 695 001
2.DIRECTORATE TECHNICAL EDUCATION,
DIRECTOR OFOF TECHNICAL EDUCATION, FORT P.O,
THIRUVANANTHAPURAM 695 023.
BY SR.GOVERNMENT PLEADER SRI.S.JAMAL
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 04-11-2014, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
OP(KAT).No. 370 of 2014 (Z)
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APPENDIX
PETITIONER'S EXHIBITS :-
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EXHIBIT P1 TRUE COPY OF ORIGINAL APPLICATION NO 1989/2014,BEFORE
THE KERALA ADMINISTRATIVE TRIBUNAL,THIRUVANANTHAPURAM WITH
ANNEXURES.
EXHIBIT P2 TRUE COPY OF THE ORDER OF THE HONOURABLE SUPREME
COURT DATED 17-10-2014 IN SLP(CIVIL) NO 16400/2014.
EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER DATED 21-10-2014 OF THE
HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL,THIRUVANANTHAPURAM
UNDER CHALLENGE IN THIS ORIGINAL PETITION.
RESPONDENTS' EXHIBITS : NIL.
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True copy
P.A to Judge
ANTONY DOMINIC & ANIL K.NARENDRAN, JJ.
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O.P.(KAT)No.361 of 2014
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Dated this the 24th day of October, 2014
JUDGMENT
ANTONY DOMINIC, J.
The challenge in this Original Petition is against the order passed by the Kerala Administrative Tribunal in O.A.No.972 of 2014. The said Original Application was filed by the petitioners who are now working as Assistant Town Planners and the challenge in the Original Application was against Annexure-A1 order issued by the Government on 06/05/2014 by which Special Rules for the post of Assistant Town Planners was amended by incorporating that in the absence of suitable candidates for promotion, the posts should be filled up by direct recruitment. The Tribunal in Ext.P6 order held that every posts is created in public interest and therefore, a prescription in the rules for direct recruitment and that too in the absence of qualified hands in the feeder category there is no legal objection about it.
O.P.(KAT).No.361 of 2014 2
We fully endorse the view taken by the Tribunal. However, the learned counsel for the petitioners contended that in effecting the said amendment the procedures prescribed for amending the Special Rules have not been complied with. He also raised a contention that the Rule as amended is discriminatory to the existing Assistant Town Planners. Insofar as these contentions are concerned, we note from the order passed by the Tribunal these contentions were not urged before the Tribunal and in the Original Petition also there is no plea that these contentions urged but were not considered by the Tribunal. In such circumstances, we are unable to entertain these contentions. On the other hand, if according to the petitioners, these contentions were urged and were not considered, it is for the petitioners to seek review of the order by moving the Tribunal itself.
The O.P.(KAT) is dismissed.
ANTONY DOMINIC, JUDGE ANIL K.NARENDRAN, JUDGE skj