Kerala High Court
M.Sainulabdin vs State Of Kerala on 9 January, 2020
Author: K. Vinod Chandran
Bench: K.Vinod Chandran, V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 09TH DAY OF JANUARY 2020 / 19TH POUSHA, 1941
O.P(KAT).No.536 OF 2019
AGAINST THE ORDER IN O.A.639/2018 DATED 26.11.2019
OF KERALA ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/S:
M.SAINULABDIN, AGED 47 YEARS, S/O. MYTHEENKUNJU,
UNDER SECRETARY, GENERAL ADMINISTRATION DEPARTMENT,
THIRUVANANTHAPURAM-695 001,
RESIDING AT FLAT NO.4, GAZETTE OFFICERS QUARTERS, C,
STREET, JAWAHAR NAGAR, KOWDIAR, THIRUVANANTHAPURAM-
695 003
BY ADV. SRI.S.MOHAMMED AL RAFI
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY, PUBLIC WORKS DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001
2 THE DISTRICT COLLECTOR,
THIRUVANANTHAPURAM-695 001.
3 DEPUTY COLLECTOR (GENERAL),
COLLECTORATE, THIRUVANANTHAPURAM-695 023.
4 THE ASSISTANT ENGINEER,
PWD BUILDING SECTION, VELLAYAMBALAM,
THIRUVANANTHAPURAM-695 033
OTHER PRESENT:
SR.GP SRI.ANTONY MUKKATH FOR R1 TO R4.
THIS OP (KERALA ADMINISTRATIVE TRIBUNAL) HAVING BEEN FINALLY
HEARD ON 09.01.2020, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(KAT).536 of 2019 - 2 -
K.Vinod Chandran & V.G.Arun, JJ.
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O.P(KAT) No.536 of 2019-Z
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Dated this the 09th day of January, 2020
JUDGMENT
K. Vinod Chandran,J:
The petitioner sought continuance in the quarters allotted to him; which the Tribunal declined.
2. The petitioner joined Government service as an Assistant on 24.10.2002. The petitioner is a native of Anchal at Kollam district and immediately after joining service, he applied for a quarters by application No.29/2003 dated 24.02.2003. Later, between 2006 and 2001 he was appointed as Personal Assistant to an MLA, when he was allotted Quarter No.35 at Observatory compound. Again in the year 2001 to 2014 he was Personal Assistant to Minister for Education. In 2014, he was promoted to the cadre of Section Officer and he was re-designated as Assistant Private Secretary in the Minister's office. While he was continuing as Assistant Private Secretary, he was issued with a Quarter as per Annexure A2 produced along with the O.A. It is the contention of the learned Counsel that OP(KAT).536 of 2019 - 3 -
Annexure A2 was an allotment made as per the original application made in the year 2003.
3. We cannot countenance the contention raised by the petitioner that Annexure A2 was an allotment made in accordance with his original application for more than one reason. Obviously the second allotment of quarters was on his application to be allotted a Gazetted Officers quarters on his promotion as Section Officer; in the gazetted rank. The allotment could not have been as per his original application, when he joined service as a non-gazetted Assistant. Annexure A2 also does not read the original application. The allotment was on the basis of a representation in the year 2013 and the same was as a 'special case' in exercise of Rule 10 of the Rules for Allotment and Occupation of Government Servant's Quarters, 2006, which is the rule permitting allotment to personnel attached to the office of a Legislator.
4. The further contention of the petitioner is that the lease deed executed, produced as Annexure A3 in the O.A., specifically by Clause (ix), enables his continuance till retirement. On a reading of Clause OP(KAT).536 of 2019 - 4 -
(ix), we are unable to accept the said contention. Clause (ix) only makes it incumbent on the lessee to vacate the quarters on the date of retirement. This does not enable the continuance till the date of retirement especially when the allotment is made as a special case under Rule 10.
5. One other contention raised by the petitioner's Counsel is that the allotment was made in 2014 and the rule was amended in 2016 enabling the Government to vacate the quarters occupied by the members of the personal staff within one month from the date on which they ceased to be members of such personal staff. De hors the amendment to the Rules as seen from Annexure R1(a) the position would not be different and the amendment is only clarificatory. When a member of a personal staff is allotted a quarter overlooking priority as per the applications submitted by the Government servant; the sole enabling factor of such preferential consideration is that status. Immediately on that status coming to an end, the quarters would have to be vacated. It cannot also be said that since there was no provision providing for OP(KAT).536 of 2019 - 5 -
vacation of quarters on the status of member of personal staff ceasing, there was a vested right to continue till retirement. We do not see any ground to interfere with the order of the Tribunal.
We reject the Original Petition (KAT). The petitioner is granted one month's time from today to vacate the quarters. He shall positively vacate the quarters before 09.02.2020. Parties to suffer their respective costs.
Sd/-
K.VINOD CHANDRAN JUDGE Sd/-
V.G.ARUN JUDGE Vku/-
OP(KAT).536 of 2019 - 6 -
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF ORIGINAL APPLICATION IN O.A.
NO. 639/2018 FILED BY THE PETITIONER ALONG WITH ITS ANNEXURES.
EXHIBIT P1(A1) TRUE COPY OF THE NOTICE NO. A7/94068/16 SERVED ON 21.4.2018 ISSUED BY THE 3RD RESPONDENT DATED 04.2018.
EXHIBIT P1(A2) TRUE COPY OF THE ORDER G.O (RT) NO.
1666/2013/PWD DATED 19.12.2013 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P1(A3) TRUE OCPY OF THE LEASE DEED EXECUTED BY THE APPLICANT.
EXHIBIT P1(A4) TRUE COPY OF THE TREATMENT LETTER ISSUED BY THE G.G. HOSPITAL, TRIVANDRUM TO THE MOTHER IN LAW OF THE APPLICANT.
EXHIBIT P1(A5) TRUE COPY OF THE IDENTITY CARD ISSUED BY THE KV PATTOM TRIVANDRUM TO THE DAUGHTER OF THE APPLICANT.
EXHIBIT P1(A6) TRUE COPY OF THE JUDGMENT OF HON'BLE TRIBUNAL IN O.A. NO. 2456/2016 DATED 1.6.2017.
EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 1ST RESPONDENT IN O.A. NO. 639/2018 EXHIBIT P2 R1(A) TRUE OCPY OF THE G.O (MS) NO. 65/2016/PWD DATED 7.9.2016.
EXHIBIT P2 R1(B) TRUE COPY OFF THE G.O (RT) NO.
1642/2017/PWD DATED 3.11.2017.
EXHIBIT P3 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 2ND RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 4TH RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE MISCELLANEOUS APPLICATION AS M.A. NO. 2472/2019 IN OA. NO. 639/19.
OP(KAT).536 of 2019 - 7 -
EXT P5(MA1) TRUE COPY OF THE NOTICE NO. FS 33174/16
DATED 5.11.2019 ISSUED BY THE 2ND
RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 26.11.2019 IN
O.A. NO. 639/2018
[TRUE COPY]