Kerala High Court
Vijin.S.S vs Dr. Prem. P.V on 5 August, 2021
Author: Alexander Thomas
Bench: Alexander Thomas
OP(KAT) No.190/2021 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
Thursday, the 5th day of August 2021 / 14th Sravana, 1943
OP(KAT) NO. 190 OF 2021
(AGAINST ORDER DATED 3.12.2020 IN OA 1695/2020 OF KERALA
ADMINISTRATIVE TRIBUNAL,THIRUVANANTHAPURAM)
PETITIONER/2ND APPLICANT IN O.A.:
DR.VIJIN.S.S.,AGED 27 YEARS,S/O. SASIDHARAN,
RESIDING AT VIPIN NIVASM,ADUMANKADU, PARASUVAIKKAL PO,
PARASSALA, THIRUVANANTHAPURAM-695 008.
RESPONDENTS/APPLICANTS 1,3,4 AND RESPONDENTS IN OA:
1.DR.PREM. P.V.,S/O. PARAMARTHA LINGAM,AGED 29 YEARS,
RESIDING AT M.R.BHAVAN,TC 20/2537,KARAMANA PO,
THIRUVANANTHAPURAM,KERALA-695 002.
2.DR.ATHULYA RAVEENDRAN,D/O. RAVEENDRAN,AGED 31 YEARS,
RESIDING AT VALAYATTIL HOUSE,CHITTOOR,PUTHUPERIYARAM PO,
IDUKKI DISTRICT, PIN-685 608, KERALA.
3.DR.MEERA JOHNSON,D/O. JOHNSON PAUL,AGED 30 YEARS,
RESIDING AT THRIPATHI NAGAR,153,SAKTHIKULANGARA PO,
KOLLAM (DIST) 691581. KERALA.
4.STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695 001, KERALA.
OP(KAT) No.190/2021 2/5
5. DIRECTOR OF MEDICAL EDUCATION,DIRECTORATE OF MEDICAL
EDUCATION, MEDICAL COLLEGE PO,THIRUVANANTHAPURAM,695001, KERALA.
6.KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY SECRETARY,
PATTOM P.O., THIRUVANANTHAPURAM-695 004, KERALA.
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 direct that the 5th
respondent to consider the Petitioner's case also in
consultation with the PSC, while considering the case of
applicant in Exhibit P6.
This petition coming on for admission on 05.08.2021 upon
perusing the petition and the affidavit filed in support of
OP(KAT) and upon hearing the arguments of M/S.P.RAMAKRISHNAN,
PREETHI RAMAKRISHNAN,T.C.KRISHNA,C.ANIL KUMAR,ASHA K.SHENOY &
PRATAP ABRAHAM VARGHESE, Advocates for the Petitioner and of
SENIOR GOVERNMENT PLEADER for the Respondents 4 & 5 and of
SRI.P.C.SASIDHARAN, STANDING COUNSEL,KPSC, for the Respondent 6,
the court passed the following.
P.T.O.
OP(KAT) No.190/2021 3/5
Exhibit P8 TRUE COPY OF NOTIFICATION DATED 14.7.2021 ISSUED
BY THE 6TH RESPONDENT.
Exhibit P6 TRUE COPY OF ORDER IN OA NO.1287/2020 DATED
24.5.2021 OF THE HON'BLE KERALA ADMINISTRATIVE
TRIBUNAL.
OP(KAT) No.190/2021 4/5
ALEXANDER THOMAS & A.BADHARUDEEN, JJ.
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O.P.(KAT) No. 190 of 2021
{arising out of the impugned order dated 3.12.2020 in
O.A. No.1695/2020 on the file of the KAT, Thiruvananthapuram Bench}
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Dated this the 5th day of August, 2021
ORDER
Admit O.P.
2. Sri.P.C.Sasidharan, learned Standing Counsel for the Kerala Public Service Commission (PSC) has taken notice for R-6 and the learned Senior Government Pleader has taken notice for official respondents 4 & 5 (The State of Kerala and The Director of Medical Education). Since, contesting respondents 1 to 3 are original applicants 1, 3 & 4 in the O.A., there is no necessity to issue notice to those parties for the time being.
3. The Registry may verify whether any OP(KAT) has been filed to challenge Ext.P-6 final order dated 24.5.2021 in O.A. No. 1287/2020 rendered by the KAT, Thiruvananthapuram Bench.
4. Though, the petitioner seeks for stay of further proceedings in pursuance of impugned Ext.P-8 selection notification dated 14.7.2021 issued by the 6 th respondent PSC, we OP(KAT) No.190/2021 5/5 OP(KAT) No. 190 of 2021 ..2..
are not inclined to grant stay as sought for. However, we make it clear that the matters in respect of Ext.P-8 selection notification dated 14.7.2021 issued by the 6th respondent PSC will be subject to the final result of this OP(KAT).
5. The Principal Secretary to Government in the Health and Family Welfare Department and the respondent Director of Medical Education, will ensure that copies of various government orders including pay revision which deals with the method of appointment and qualifications of various teaching posts in Medical Education Department, should be made available for the perusal of this Court along with the statement/memo of the learned Senior Government Pleader.
List this O.P. along with OP(KAT) if any filed against O.A. No. 1287/2020, on 27.8.2021.
H/O. Sd/-
ALEXANDER THOMAS, JUDGE Sd/-
A.BADHARUDEEN, JUDGE MMG 05-08-2021 /True Copy/ Assistant Registrar