Kerala High Court
Lother L.Pereira vs G.Rajan on 14 July, 2023
Author: Alexander Thomas
Bench: Alexander Thomas
OP(KAT) No.57/2023 1/8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE ACTING CHIEF JUSTICE MR. ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
Friday, the 14th day of July 2023 / 23rd Ashadha, 1945
OP(KAT) NO. 57 OF 2023
AGAINST THE ORDER DATED 02/02/2022 IN O.A. NO. 1293/2020 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM ( ADDL. BENCH, ERNAKULAM)
PETITIONERS/RESPONDENTS 30, 31 AND 33:
1. LOTHER L.PEREIRA, AGED 41, S/O LAWRENCE G. PEREIRA,ASSISTANT EXCISE
INSPECTOR, EXCISE RANGE OFFICE, KUZHALMANNAM, PALAKAD, PIN- 678 702,
RESIDING AT PUTHUVAL PURAYIDATHIL HOUSE, VARODE P.O, OTTAPALAM,
PALAKKAD DISTRICT, PIN - 679102
2. MANOJ KUMAR G.M, AGED 47, S/O. G.P.MOHANDAS, ASSISTANT EXCISE
INSPECTOR, EXCISE RANGE OFFICE, OTTAPALAM, PALAKKAD DISTRICT, PIN:
679 101, RESIDING AT LAKSHMI NIVAS, OPPOSITE SEMALIK HOSPITAL ROAD,
KANNIYAMPURAM P.O., OTTAPALAM, PALAKKAD DISTRICT, PIN - 679104
3. K.T.SHANOOJ, AGED 45 YEARS, S/O.SIDHEEQUE, ASSISTANT EXCISE
INSPECTOR, EXCISE RANGE OFFICE, CHERUPULASERRY, PALAKKAD DISTRICT
,PIN: 679 503, RESIDING AT MELEKKALAM HOUSE, MANNARKAD COLLEGE P.O,
PALAKKAD DISTRICT, PIN - 678583
RESPONDENTS/APPLICANTS AND RESPONDENTS 1 TO 29, 32, 34 TO 39 :
1. G.RAJAN, EXCISE INSPECTOR, EXCISE CHECK POST, AMARAVILA,
THIRUVANANTHAPURAM - 695 122, RESIDING AT ANUJA BHAVAN,
MALAPPARIKONAM, POWDIKONAM P.O, THIRUVANANTHAPURAM- 695 588, NOW
WORKING AS EXCISE INSPECTOR, OFFICE OF JOINT EXCISE COMMISSIONER,
SOUTH ZONE , THIRUVANANTHAPURAM , PIN - 695001
2. AJAYAKUMAR A.K, EXCISE INSPECTOR, EXCISE DIVISION OFFICE, EAST FORT,
THIRUVANANTHAPURAM 695 023, RESIDING AT NEELAMBARI, MALAYAM P.O,
MALAYAM, THIRUVANANTHAPURAM,PIN - 695571
3. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, EXCISE
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA, PIN
- 695001
4. EXCISE COMMISSIONER, EXCISE HEADQUARTERS, BAKERY JUNCTION ROAD,
UNIVERSITY OF KERALA, SENATE HOUSE CAMPUS, NANDAVANAM, PALAYAM,
THIRUVANANTHAPURAM,KERALA, PIN - 695033
5. DEPUTY COMMISSIONER OF EXCISE, FORT, ATTAKULANGARA P.O,
THIRUVANANTHAPURAM, KERALA, PIN - 695023
6. NISHAD A., EXCISE PREVENTIVE OFFICER, OFFICE OF THE ADDITIONAL
EXCISE COMMISSIONER (ENFORCEMENT), EXCISE COMMISIONERATE,
THIRUVANANTHAPURAM,KERALA - 695 033, NOW WORKING AS EXCISE
INSPECTOR, EXCISE CIRCLE OFFICE, KUNNATHOOR , KOLLAM DISTRICT, PIN -
690540
7. AJAYAN PILLAI S., EXCISE PREVENTIVE OFFICER, EXCISE RANGE OFFICE,
OP(KAT) No.57/2023 2/8
THRISSUR, THRISSUR DISTRICT- 680 001, NOW WORKING AS ASSISTANT
EXCISE INSPECTOR, EXCISE RANGE OFFICE, ANCHAL, KOLLAM DISTRICT, PIN
- 691306
8. ABDUL VAHAB, EXCISE PREVENTIVE OFFICER, EXCISE RANGE OFFICE,
INRINJALAKUDA, THRISSUR DISTRICT- 680 121, NOW WORKING AS ASSISTANT
EXCISE INSPECTOR, EXCISE RANGE OFFICE, EZHUKONE, KOLLAM DISTRICT,
PIN - 691505
9. DINESH B., EXCISE PREVENTIVE OFFICER, EXCISE DIVISIONAL OFFICE,
KOLLAM, KOLLAM DISTRICT- 691 001, NOW WORKING AS EXCISE INSPECTOR,
EXCISE RANGE OFFICE, CHITTAR, IDUKKI DISTRICT-
10. SHYAM KUMAR, EXCISE PREVENTIVE OFFICER, EXCISE ENFORCEMENT AND ANTI
NARCOTIC SPECIAL SQUAD, KOLLAM, KOLLAM DISTRICT- 691001, NOW WORKING
AS EXCISE INSPECTOR, EXCISE RANGE OFFICE, ARYANAD,
THIRUVANANTHAPURAM DISTRICT, PIN - 695542
11. S.SIYAD, EXCISE PREVENTIVE OFFICER, CIRCLE OFFICE, THIRUVALLA,
PATHANAMTHITTA DISTRICT- 689 645, NOW WORKING AS EXCISE INSPECTOR,
EXCISE CHECK POST, MANDAPATHIN KADAVU, THIRUVANANTHAPURAM DISTRICT,
PIN - 695125
12. RATHEESH R., EXCISE PREVENTIVE OFFICER, EXCISE RANGE OFFICE,
PAZHAYANNUR, THRISSUR DISTRICT- 680 587, NOW WORKING AS EXCISE
INSPECTOR, EXCISE RANGE OFFICE, KATTAKADA, THIRUVANANTHAPURAM, PIN -
695572
13. THOMAS DEVASSY, EXCISE PREVENTIVE OFFICER, OFFICE OF THE EXCISE
INPECTOR, EXCISE INTELLIGENCE AND INVESTIGATION BUREAU, THRISSUR,
THRISSUR DISTRICT- 680 020, NOW WORKING AS EXCISE INSPECTOR, EXCISE
CHECK POST, GOPALAPURAM, PALAKKAD DISTRICT, PIN - 678555
14. PRADEEP V.S, EXCISE PREVENTIVE OFFICER, OFFICE OF THE EXCISE
INSPECTOR, EXCISE INTELLIGENCE AND INVSETIGATION BUREAU, THRISSUR,
THRISSUR DISTRICT - 680020,NOW WORKING AS EXCISE INSPECTOR, EXCISE
RANGE OFFICE, MATTANCHERY, ERNAKULAM DISTRICT, PIN - 682002
15. PRAMOD K.P, EXCISE PREVENTIVE OFFICER, OFFICE OF THE EXCISE
COMMISSIONER, NANDAVANAM, THIRUVANANTHAPURAM - 695 033, NOW WORKING
AS ASSISTANT EXCISE INSPECTOR, EXCISE RANGE OFFICE, CHENGANNUR,
ALAPUZHA DISTRICT, PIN - 689121
16. LATHEESH S., EXCISE PREVENTIVE OFFICER, OFFICE OF THE EXCISE
INSPECTOR, EXCISE INTELLIGENCE AND INVESTIGATION BUREAU, THRISSUR -
680020, NOW WORKING AS ASSISTANT EXCISE RANGE INSPECTOR, EXCISE
RANGE OFFICE, PATHANAPURAM, KOLLAM DISTRICT, PIN - 689695
17. SUDHEER K.K., EXCISE PREVENTIVE OFFICER, OFFICE OF THE EXCISE
INSPECTOR, EXCISE INTELLIGENCE AND INVESTIGATION BUREAU , THRISSUR -
680020, NOW WORKING AS EXCISE INSPECTOR, EXCISE CHECK POST ,
VETTILAPARA, THRISSUR DISTRICT, PIN - 680721
18. KRISHNARAJ P.S, EXCISE PREVENTIVE OFFICER, OFFICE OF THE EXCISE
INSPECTOR, EXCISE INTELLIGENCE AND INVESTIGATION BUREAU , THRISSUR-
680020, NOW WORKING AS ASSISTANT EXCISE INSPECTOR, EXCISE RANGE
OFFICE, CHADAYAMANGALAM, KOLLAM DISTRICT, PIN - 691534
19. K.NISHANTH, EXCISE PREVENTIVE OFFICER, EXCISE RANGE OFFICE,
CHERPALASERRY, PALAKKAD, PALAKKAD DISTRICT- 678 006, NOW WORKING AS
EXCISE INSPECTOR, EXCISE RANGE OFFICE, PALAKKAD, PALAKKAD DISTRICT,
PIN - 678001
OP(KAT) No.57/2023 3/8
20. M.YOUNAS, EXCISE PREVENTIVE OFFICER, EXCISE CIRCLE OFFICE,
MANARKKAD, PALAKKAD DISTRICT- 678 582, NOW WORKING AS EXCISE
INSPECTOR, EXCISE RANGE OFFICE, HOSDURG, KASARAGOD DISTRICT, PIN -
671315
21. K.S.SAJITH, EXCISE PREVENTIVE OFFICER, EXCISE RANGE OFFICE, PARLI,
PALAKKAD DISTRICT- 678 612, NOW WORKING AS EXCISE INSPECTOR, EXCISE
RANGE OFFICE, MANJESHWARAM, KASARAGOD DISTRICT, PIN - 671323
22. SAHEER SHA B, EXCISE PREVENTIVE OFFICER, OFFICE OF THE JOINT EXCISE
COMMISSIONER, SOUTH ZONE, THIRUVANANTHAPURAM- 695 001, NOW WORKING
AS EXCISE INSPECTOR, EXCISE CHECK POST, AMARAVILA,
THIRUVANANTHAPURAM DISTRICT, PIN - 695122
23. PRAMOD T.A, EXCISE PREVENTIVE OFFICER, EXCISE DIVISIONAL OFFICE,
IRON BRIDGE, ALAPUZHA P.O, ALAPUZHA DISTRICT- 688011, NOW WORKING AS
EXCISE INSPECTOR, EXCISE RANGE OFFICE, NORTH PARAVUR, ERNAKULAM
DISTRICT, PIN - 683513
24. PRIYA LAL T, EXCISE PREVENTIVE OFFICER, EXCISE DIVISIONAL OFFICE,
IRON BRIDGE, ALAPUZHA P.O, ALAPUZHA DISTRICT- 688011, NOW WORKING AS
EXCISE INSPECTOR, COMMISSIONERTE OF EXCISE, THIRUVANANTHAPURAM
DISTRICT, PIN - 695001
25. JINJU D.S, EXCISE PREVENTIVE OFFICER, EXCISE RANGE OFFICE ,
CHAVAKKAD, THRISSUR DISTRICT- 680 506, NOW WORKING AS ASSISTANT
EXCISE INSPECTOR, EXCISE RANGE OFFICE, KOTTARAKKARA, KOLLAM
DISTRICT, PIN - 691506
26. ARUN M, EXCISE PREVENTIVE OFFICER, OFFICE OF THE JOINT EXCISE
COMMISSIONER, SOUTH ZONE, THIRUVANANTHAPURAM- 695 001, NOW WORKING
AS EXCISE INSPECTOR, AWARENESS PROGRAMME CO-OERDIINATOR, ,OFFICE OF
THE JOINT EXCISE COMMISSIONER, EXCISE HEAD QUARTERS, NANDAVANAM,
THIRUVANANTHAPURAM DISTRICT- PIN - 695033
27. DEEPAK B, EXCISE PREVENTIVE OFFICER, EXCISE RANGE OFFICE, KATTAPANA,
IDUKKI DISTRICT- 685 508, NOW WORKING AS EXCISE INSPECTOR, EXCISE
CHECK POST, MAVILAKKADAVU, THIRUVANANTHAPURAM DISTRICT, PIN - 695133
28. REJI J, EXCISE PREVENTIVE OFFICER, OFFICE OF THE EXCISE
COMMISSIONER, NANDAVANAM, THIRUVANANTHAPURAM- 695 033, NOW WORKING
AS EXCISE INSPECTOR, EXCISE RANGE OFFICE, RANNY, PATHANAMTHITTA
DISTRICT, PIN - 689672
29. PRASAD A.B, EXCISE PREVENTIVE OFFICER, EXCISE RANGE OFFICE,
KUNNAMKULAM, THRISSUR DISTRICT- 680 503, NOW WORKING AS EXCISE
INSPECTOR, EXCISE CHECK POST, GOVINDAPURAM, PALAKKAD DISTRICT, PIN -
678507
30. ANIMON ANTONY, EXCISE PREVENTIVE OFFICER, EXCISE RANGE OFFICE,
KUTHIYATHODE, VALAMANGALAM P.O, ALAPUZHA DISTRICT RESIDING AT
KOLLASSERI HOUSE, EXHUPUNNA SOUTH, CHERTHALA, ALAPUZHA DISTRICT NOW
WORKING AS ASSISTANT EXCISE INSPECTOR, EXCISE RANGE OFFICE,
KAYAMKULAM, ALAPUZHA DISTRICT, PIN - 690502
31. SAJI V, ASSISTANT EXCISE INSPECTOR GRADE, EXCISE INTELLIGENCE AND
INVESTIGATION BUREAU, KAZHAKOOTTAM, THIRUVANANTHAPURAM- 695 582,
RESIDING AT TC.50/203(3), MAKAYIRAM, THAIVILA, KALADY SOUTH, KARAMAN
P.O, THIRUVANANTHAPURAM- 695 002, NOW WORKING AS ASSISTANT EXCISE
INSPECTOR, EXCISE RANGE OFFICE, NEDUMANGAD, THIRUVANANTHAPURAM
DISTRICT, PIN - 695541
OP(KAT) No.57/2023 4/8
32. SANTHOSH KUMAR P, EXCISE PREVENTIVE OFFICER, EXCISE CIRCLE OFFICE,
PALAKKAD, PALAKKAD DISTRICT- 678 001, RESIDING AT PONNATH HOUSE,
AGRAHARAM, MATHUR, PALAKKAD DISTRICT- 678001, NOW WORKING AS
ASSISTANT EXCISE INSPECTOR, EXCISE RANGE OFFICE, THRITHALA ,
PALAKKAD DISTRICT, PIN - 679534
33. RAJITH R, EXCISE PREVENTIVE OFFICER, EXCISE CHECK POST, GOVINDAPURAM
ROAD, PALAKKAD DISTRICT- 678 507, RESIDING AT CHEMBAKASEERIL HOUSE,
S.V.MARKET, P.O, KOZHIKODE MEKKU, KARUNAGAPPALLY, KOLLAM DISTRICT -
690 573, NOW WORKING AS ASSISTANT EXCISE INSPECTOR, EXCISE RANGE
OFFICE, AGALI, PALAKKAD DISTRICT, PIN - 678581
34. K.BIJU, ASSISTANT EXCISE INSPECTOR GRADE , EXCISE CIRCLE OFFICE,
HARIPAD, ALAPUZHA DISTRICT- 690 514, RESIDING AT KRISHNABHAVANAM,
MATTOM SOUTH, THATTARAMBALAM P.O, - 690 103,NOW WORKING AS ASSISTANT
EXCISE INSPECTOR, EXCISE RANGE OFFICE, PARAVOOR, ERNAKULAM DISTRICT,
PIN - 683513
35. ANIL KUMAR, ASSISTANT EXCISE INSPECTOR GRADE , EXCISE CIRCLE OFFICE,
VAIKKOM, KOTTAYAM DISTRICT- 686 141, RESIDING AT ANIL NIVAS,
CHEMMANATHUKARA, VAIKKOM, KOTTAYAM- 686606, NOW WORKING AS ASSISTANT
EXCISE INSPECTOR, EXCISE RANGE OFFICE, DEVIKULAM, IDUKKI DISTRICT,
PIN - 685613
36. P.R.ANU KUMAR, EXCISE PREVENTIVE OFFICER, EXCISE RANGE OFFICE,
VATANAPILLY, MINI CIVIL STATION, THRIPRAYAR, THRISSUR DISTRICT- 680
567, RESIDING AT PADATHUPARAMBIL HOUSE, ASWATHI, CHELLORKAVU TEMPLE
ROAD, CHELLOOR, IRINJALAKUDA , THRISSUR DISTRICT- 680 121, NOW
WORKING AS ASSISTANT EXCISE INSPECTOR, EXCISE RANGE OFFICE, KOLAZHY,
THRISSUR DISTRICT, PIN - 680010
37. A. SHAMSUDEEN, EXCISE PREVENTIVE OFFICER, COMMISSIONERATE OF EXCISE,
THIRUVANANTHAPURAM- 695 033, RESIDING AT MEHER MAHAL, PALAKULANGARA
NAGAR-48, KALLUMTHAZHAM, KOLLAM DISTRICT- 691 004, NOW WORKING AS
ASSISTANT EXCISE INSPECTOR GRADE, EXCISE COMMISSIONERATE,
THIRUVANANTHAPURM DISTRICT, PIN - 695001
38. V.A.SHAJAHAN, ASSISTANT EXCISE INSPECTOR GRADE , COMMISSIONERATE OF
EXCISE, THIRUVANANTHAPURAM- 695 033, RESIDING AT ABINS, S.K.NAGAR,
VADAKKEVILA P.O, KOLLAM DISTRICT- 691 010, NOW WORKING AS ASSISTANT
EXCISE INSPECTOR GRADE, EXCISE RANGE OFFICE, KOLLAM, KOLLAM
DISTRICT, PIN - 691001
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 Ext.P5 Order passed by the Kerala
Administrative Tribunal, Thiruvananthapuram (Additional Bench, Ernakulam)
pending disposal of the above Original Petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of OP(KAT) and this Court's order dated
06/07/2023, upon hearing the arguments of M/S.K.JAGADEESH & V.RENJU,
Advocates for the petitioners and M/S. ARAVINDA KUMAR BABU T.K.,
M.FATHAHUDEEN, SANDRA SUNNY & ARUN KUMAR M.A, Advocates for the Respondent
No.2 and M/S.V.VARGHESE & SAJU JOHN, Advocates for the Respondents No.6 to
9 & R11 to R29 and of SRI. M.SASINDRAN, Advocate for the Respondent
No.30, the court passed the following:
OP(KAT) No.57/2023 5/8
OP(KAT) No.57/2023 6/8
ALEXANDER THOMAS, Acg. C.J. & C.JAYACHANDRAN, J.
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O.P.(KAT).No.57 of 2023
---------------------------------------
Dated this the 14th day of July, 2023
ORDER
We have heard the parties for some time.
2. Sri.Saigi Jacob Palatty, the learned Senior Government Pleader, submitted that the pendency of this case is creating serious hardships to the smooth functioning of the Excise Department inasmuch as the State and Departmental authorities are not even in a position to make temporary or provisional promotions under Rule 31(a)(i) of the Kerala State & Subordinate Service Rules, Part-II, to the posts of Assistant Excise Inspector and Excise Inspector, even though there are several vacancies and further that, if there is delay in finalizing the resolution of this case, at least permission may be granted to the State authorities to ensure that temporary or provisional promotions as above are made to the post of Assistant Excise Inspector as well as the Excise Inspector, and this Court may make it clear that such temporary promotions will not confer any benefit to the promottees and it could be subject to the result of this Original Petition etc.
3. Sr.V.Renju, learned counsel appearing for the petitioners, OP(KAT) No.57/2023 7/8 OP(KAT).57 of 2023 ..2..
Sri.T.K.Arvinda Kumar Babu, learned counsel appearing for R2 and Sri.V.Varghese, learned counsel appearing for R6 to R9 and R11 to R29 submit that their respective parties do not have any serious objection to the said course of action.
4. Accordingly, it is ordered in the interest of justice that, the State and Departmental authorities will be at liberty to make temporary or provisional promotions under Rule 31(a)(i) of the Kerala State & Subordinate Service Rules, Part-II, to the post of Assistant Excise Inspector as well as the Excise Inspector, subject to the result of this O.P. List the case on 01.08.2023.
Hand over.
Sd/-
ALEXANDER THOMAS ACTING CHIEF JUSTICE Sd/-
C.JAYACHANDRAN JUDGE Mrcs OP(KAT) No.57/2023 8/8 APPENDIX OF OP(KAT) 57/2023 Exhibit.P.5 PHOTOSTAT COPY OF THE ORDER IN O.A.NO.1293 OF 2020 OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM DATED 2-2-2022 .