Kerala High Court
Dr. Sajan V.L vs Union Of India on 21 August, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
2024:KER:63972
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WP(C) NO. 9420 OF 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 21ST DAY OF AUGUST 2024 / 30TH SRAVANA, 1946
WP(C) NO. 9420 OF 2024
PETITIONERS:
1 DR. SAJAN V.L
AGED 59 YEARS
S/O JOHN, VAZHAPPILLY HOUSE, ANSAR LANE, NEAR
KAROTHUKUZHY HOSPITAL, ALUVA, ERNAKULAM., PIN -
683101
2 NANDAKUMAR K.
AGED 61 YEARS
S/O KARUNAKARAN NAIR, REVATHY
HOUSE,PADINJAREKARA P.O., VAIKAM, KOTTAYAM, PIN -
686141
3 RAMDAS. T.K
AGED 56 YEARS
S/O SREEDHARAN NAIR .P HOUSE NO:1/308/2, VIGNESH
VIHAR, PULLAMKAZHI, 3RD STREET,PRITHVINAGAR,
KIZHAKKUMPATTUKARA, TRICHUR, PIN - 680005
4 LAJID.K.K
AGED 59 YEARS
S/O K. M. KOCHUNNI, NEST-1/11,
AROOKUTTY ;CHERTHALA ROAD, TRICHATTUKULAM P .O,
CHERTHALA, ALAPPUZHA, PIN - 688581
BY ADVS.
BIJU K.C.
LEENA JOSEPH
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WP(C) NO. 9420 OF 2024
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY, MINISTRY OF HEALTH
AND FAMILY WELFARE (MOHFW), NIRMAN BHAVAN,NEW
DELHI, PIN - 110011
2 DIRECTOR- GENERAL
INDIAN COUNCIL OF MEDICAL RESEARCH (ICMR), ANSARI
NAGAR, NEW-DELHI, PIN - 110029
3 DIRECTOR
VECTOR CONTROL RESEARCH CENTRE (ICMR), MEDICAL
COMPLEX, INDIRA NAGAR, PUDUCHERRY, PIN - 605006
4 THE OFFICER IN CHARGE AND SENIOR SCIENTIST
ICMR-VCRC FIELD STATION,KMC-XXIII/387, KARAPUZHA,
KOTTAYAM WEST.P.O, KOTTAYAM.KERALA, PIN - 686003
BY ADV ACHUTH KRISHNAN R - CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.08.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:63972
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WP(C) NO. 9420 OF 2024
JUDGMENT
The petitioners were employees of the Vector Control Research Centre (ICMR) who have subsequently entered the service of the State Government and its instrumentalities. They have approached the 3rd respondent, the Director ICMR, for obtaining details of their service under the 3rd respondent, for adding the same as qualifying service to the service rendered by them in the subsequent service for the purpose of pensionary benefits. Since the details were not furnished, the petitioners have approached this Court for the following relief:-
" i. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the 4th respondent or 3rd respondent as the case may be to provide the certified service 2024:KER:63972 4 WP(C) NO. 9420 OF 2024 details of the petitioners that they had with the 3rd respondent to add the same with that of their respective subsequent state government service, for the interest of justice;"
2. A statement has been filed on behalf of the respondents wherein it is stated that the 3rd respondent (ICMR) being notified to come under the Central Administrative Tribunal by virtue of the notification issued by the Central Government under Section 14 (2) of the Administrative Tribunals Act, 1985 dated 17.12.1998, the writ petition is not maintainable.
3. The learned Central Government Counsel contends that in view of the notification issued by Central Government under Section 14 (2) of the Administrative Tribunals Act, 1985, extending the provisions of sub-section (3) of Section 14 to ICMR, only the Central Administrative Tribunal 2024:KER:63972 5 WP(C) NO. 9420 OF 2024 has jurisdiction to deal with the relief prayed for by the petitioners.
4. Section 14 of the Administrative Tribunals Act, 1985 deals with the jurisdiction, powers and authority of the Central Administrative Tribunal and reads as follows:-
"14. Jurisdiction, powers and authority of the Central Administrative Tribunal. - (1) Save as otherwise expressly provided in this Act, the Central Administrative Tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all Courts except the Supreme Court in relation to-
(a)recruitment, and matters concerning recruitment, to any All-India Service or to any civil service of the Union or a civil post under the Union or to a post connected with defence or in the defence services, being, in either case, a post filled by a civilian;
(b)all service matters concerning-
(i)a member of any All-India Service; or
(ii)a person not being a member of an All-India Service or a person referred to in clause (c) 2024:KER:63972 6 WP(C) NO. 9420 OF 2024 appointed to any civil service of the Union or any civil post under the Union; or
(iii)a civilian not being a member of an All-India Service or a person referred to in clause (c) appointed to any defence services or a post connected with defence, and pertaining to the service of such member, person or civilian, in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India or of any corporation [or society] owned or controlled by the Government;
(c)all service matters pertaining to service in connection with the affairs of the Union concerning a person appointed to any service or post referred to in sub-clause (ii) or sub-clause
(iii) of clause (b), being a person whose services have been placed by a State Government or any local or other authority or any corporation [or society]or other body, at the disposal of the Central Government for such appointment.
[Explanation.-For the removal of doubts, it is hereby declared that references to "Union" in this sub-section shall be construed as including references also to a Union territory.] (2) The Central Government may, by notification, apply with effect from such date as may be specified in the notification the 2024:KER:63972 7 WP(C) NO. 9420 OF 2024 provisions of sub-section (3) to local or other authorities within the territory of India or under the control of the Government of India and to corporations [or societies] owned or controlled by Government, not being a local or other authority or corporation [or society] controlled or owned by a State Government:
Provided that if the Central Government considers it expedient so to do for the purpose of facilitating transition to the scheme as envisaged by this Act, different dates may be so specified under this sub-section in respect of different classes of, or different categories under any class of, local or other authorities or corporations [or societies.] (3) Save as otherwise expressly provided in this Act, the Central Administrative Tribunal shall also exercise, on and from the date with effect from which the provisions of this sub-
section apply to any local or other authority or corporation [or society], all the jurisdiction, powers and authority exercisable immediately before that date by all courts (except the Supreme Court in relation to--
(a) recruitment, and matters concerning recruitment, to any service or post in connection with the affairs of such local or other authority or corporation [or society]; and
(b) all service matters concerning a person [other than a person referred to in clause (a) 2024:KER:63972 8 WP(C) NO. 9420 OF 2024 or clause (b) of sub-section (1)] appointed to any service or post in connection with the affairs of such local or other authority or corporation [or society] and pertaining to the service of such person in connection with such affairs."
5. Section 3 (q) of the Administrative Tribunals Act, 1985 defines 'service matters'. It reads thus:
3(q). "service matters", in relation to a person, means all matters relating to the conditions of his service in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India, or, as the case may be, of any corporation [or society] owned or controlled by the Government, as respects--
(i) remuneration (including allowances), pension and other retirement benefits;
(ii) tenure including confirmation, seniority, promotion, reversion, premature retirement and superannuation;
(iii) leave of any kind;
(iv) disciplinary matters; or
(v) any other matter whatsoever;
2024:KER:63972 9 WP(C) NO. 9420 OF 2024
6. The petitioners have sought for the details of the service they had with the ICMR. The reason for which they have sought for their service details is to add the same with their respective subsequent service for the purpose of pensionary benefits. Once their past service details in ICMR are obtained, they can approach the authorities in their subsequent service with request to add the same as qualifying service towards the pensionary benefits.
7. The present grievance is that the 3rd respondent has not provided them their service details in ICMR. The relief sought for in this writ petition filed under Article 226 of the Constitution of India is for direction to the 3rd respondent to provide their certified service details. The grievance pertains to their service in ICMR, a 2024:KER:63972 10 WP(C) NO. 9420 OF 2024 service matter coming within the definition of Section 3 (q). Since the Central Government has notified ICMR to come under the Central Administrative Tribunal by notification issued under Section 14 (2) of the Administrative Tribunals Act, 1985, the jurisdiction in relation to all matters pertaining to the service in ICMR has to be exercised by the Central Administrative Tribunal. Therefore, this writ petition is not maintainable.
8. The learned counsel for the petitioners refers to Section 19(1) of the Administrative Tribunals Act, 1985 and submits that a formal order is necessary to approach the Central Administrative Tribunal, and since no order rejecting the request of the petitioners is passed by the 3rd respondent, the original application will not be 2024:KER:63972 11 WP(C) NO. 9420 OF 2024 admitted by the Central Administrative Tribunal.
Sections 19 and 20 of the Administrative Tribunals Act, 1985 read as follows:-
"19. Applications to tribunals.--(1) Subject to the other provisions of this Act, a person aggrieved by any order pertaining to any matter within the jurisdiction of a Tribunal may make an application to the Tribunal for the redressal of his grievance.
Explanation.--For the purposes of this sub- section, "order" means an order made--
(a) by the Government or a local or other authority within the territory of India or under the control of the Government of India or by any corporation 3 [or society] owned or controlled by the Government; or
(b) by an officer, committee or other body or agency of the Government or a local or other authority or corporation 3 [or society] referred to in clause (a).
(2) Every application under sub-section (1) shall be in such form and be accompanied by such documents or other evidence and by such fee (if any, not exceeding one hundred rupees)[in respect of the filing of such application and by such other fees for the service or execution of processes, as 2024:KER:63972 12 WP(C) NO. 9420 OF 2024 may be prescribed by the Central Government].
(3) On receipt of an application under sub-
section (1), the Tribunal shall, if satisfied after such inquiry as it may deem necessary, that the application is a fit case for adjudication or trial by it, admit such application; but where the Tribunal is not so satisfied, it may summarily reject the application after recording its reasons.] (4) Where an application has been admitted by a Tribunal under sub-section (3), every proceeding under the relevant service rules as to redressal of grievances in relation to the subject-matter of such application pending immediately before such admission shall abate and save as otherwise directed by the Tribunal, no appeal or representation in relation to such matter shall thereafter be entertained under such rules
20. Applications not to be admitted unless other remedies exhausted.--(1) A Tribunal shall not ordinarily admit an application unless it is satisfied that the applicant had availed of all the remedies available to him under the relevant service rules as to redressal of grievances. (2) For the purposes of sub-section (1), a person shall be deemed to have availed of 2024:KER:63972 13 WP(C) NO. 9420 OF 2024 all the remedies available to him under the relevant service rules as to redressal of grievances,--
(a) if a final order has been made by the Government or other authority or officer or other person competent to pass such order under such rules, rejecting any appeal preferred or representation made by such person in connection with the grievance; or
(b) where no final order has been made by the Government or other authority or officer or other person competent to pass such order with regard to the appeal preferred or representation made by such person, if a period of six months from the date on which such appeal was preferred or representation was made has expired.
(3) For the purposes of sub-sections (1) and (2), any remedy available to an applicant by way of submission of a memorial to the President or to the Governor of a State or to any other functionary shall not be deemed to be of one of the remedies which are available unless the applicant had elected to submit such memorial.
Clause (b) of sub-section (2) of Section 20 of the Act addresses situations where no formal order 2024:KER:63972 14 WP(C) NO. 9420 OF 2024 has been passed. It states that if no final order has been made by the appropriate authority on an appeal or representation within six months of its submission, the individual is deemed to have exhausted all available remedies. In such cases, the applicant can approach the Tribunal without waiting for a formal order. Accordingly, this writ petition is dismissed as not maintainable, without prejudice to the right of the petitioners to move the appropriate forum.
Sd/-
MURALI PURUSHOTHAMAN JUDGE al/-.
2024:KER:63972 15 WP(C) NO. 9420 OF 2024 APPENDIX OF WP(C) 9420/2024 PETITIONER EXHIBITS Exhibit- P1 A TRUE COPY OF THE OFFICE MEMORANDUM DATED 26.12.1989 ISSUED BY THE 3RD RESPONDENT FOR THE INTERVIEW WITH THE 1ST PETITIONER Exhibit- P2 A TRUE COPY OF THE EXPERIENCE CERTIFICATE DATED 06.02.1992 BY THE OFFICER IN CHARGE OF CHERTHALA FIELD STATION ON BEHALF OF THE 3RD RESPONDENT SHOWING THAT THE 1ST PETITIONER IS WORKING WITH THAT FIELD STATION WITH EFFECT FROM 02.02.1989.
Exhibit- P3 TRUE COPY OF THE LETTER DATED 30.10.1990 ISSUED BY THE 3RD RESPONDENT EXTENDING THE SERVICE PERIOD OF THE 1ST PETITIONER FROM 01.04.1990 TO 31.03.1991 Exhibit- P4 TRUE COPY OF THE OFFICE MEMORANDUM OF THE 3RD RESPONDENT DATED 22.01.1992 TRANSFERRING THE 1ST PETITIONER FROM CHERTHALA FIELD STATION TO PERIPHERAL UNIT PONNANI Exhibit- P5 TRUE COPY OF THE OFFICE MEMORANDUM OF THE 3RD RESPONDENT DATED 12.02.1992 RELIEVING THE 1ST PETITIONER FROM THE SERVICE OF 3RD RESPONDENT FIELD STATION, CHERTHALA TO REPORT FOR DUTY AT PERIPHERAL UNIT, PONNANI.
Exhibit- P6 TRUE COPY OF THE OFFICE MEMORANDUM OF THE 3RD RESPONDENT DATED 22.04.1992 RELIEVING THE 1ST PETITIONER FROM PERIPHERAL UNIT PONNANI TO JOIN AT FIELD STATION JEYPORE.
Exhibit- P7 TRUE COPY OF THE OFFICE MEMORANDUM DATED 30.06.1992 OF THE 3RD RESPONDENT, LETTING THE 1ST PETITIONER TO JOIN AT 2024:KER:63972 16 WP(C) NO. 9420 OF 2024 FIELD STATION JEYPORE.
Exhibit- P8 A TRUE COPY OF THE OFFER OF APPOINTMENT DATED 22.07.1987 ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER.
Exhibit- P9 TRUE COPY OF THE OFFICE MEMORANDUM DATED 24.04.92 ISSUED BY THE 3RD RESPONDENT RELIEVING THE 2ND PETITIONER FROM THE SERVICE AT CHERTHALA FIELD STATION TO JOIN THE SERVICE AT JEYPORE FIELD STATION.
Exhibit- P10 TRUE COPY OF THE OFFICE MEMORANDUM OF THE 3RD RESPONDENT DATED 30.06.1992 INTIMATING THE 2ND PETITIONER THAT HE HAS REPORTED FOR DUTY AT JEYPORE FIELD STATION.
Exhibit- P11 TRUE COPY OF THE OFFICE MEMORANDUM OF THE 3RD RESPONDENT DATED 14.08.1998 RELIEVING THE 2ND PETITIONER FROM THE SERVICE OF 3RD RESPONDENT.
Exhibit- P12 A TRUE COPY OF THE OFFER OF APPOINTMENT DATED 05.05.1990 ISSUED BY THE 3RD RESPONDENT TO THE 3RD PETITIONER.
Exhibit- P13 TRUE COPY OF THE OFFICE MEMORANDUM OF THE 3RD RESPONDENT DATED 22.01.1992 TRANSFERRING THE 3RD PETITIONER FROM CHERTHALA FIELD STATION TO PERIPHERAL UNIT PONNANI IN PUBLIC INTEREST.
Exhibit- P14 TRUE COPY OF THE OFFICE MEMORANDUM OF THE 3RD RESPONDENT DATED 31.01.1992 RELIEVING THE 3RD PETITIONER FROM THE SERVICE OF 3RD RESPONDENT FIELD STATION, CHERTHALA TO REPORT FOR DUTY AT PERIPHERAL UNIT, PONNANI.
Exhibit- P15 TRUE COPY OF A CERTIFICATE DATED 28.03.1996 FROM THE OFFICER IN CHARGE OF FIELD STATION, KOCHI ON BEHALF OF THE 3RD 2024:KER:63972 17 WP(C) NO. 9420 OF 2024 RESPONDENT SHOWING THAT THE 3RD PETITIONER HAS A SERVICE PERIOD OF 17.05.1990 TO 02.02.1996.
Exhibit -P16 A TRUE COPY OF THE EXPERIENCE CERTIFICATE DATED 10.12.1992 BY THE OFFICER IN CHARGE OF PERIPHERAL UNIT, PONNANI ON BEHALF OF THE 3RD RESPONDENT SAYING THAT THE 4TH PETITIONER WAS WORKING WITH THAT FIELD STATION WITH EFFECT FROM 15.05.1990.
Exhibit- P17 A TRUE COPY OF THE OFFICE MEMORANDUM DATED 23.01.1995 BY THE OFFICER IN CHARGE OF PERIPHERAL UNIT, PONNANI ON BEHALF OF THE 3RD RESPONDENT SAYING THAT THE 4TH PETITIONER HAD BEEN RELIEVED Exhibit- P18 A TRUE COPY OF THE OFFER OF APPOINTMENT DATED 12.01.1995 ISSUED BY THE 3RD RESPONDENT TO THE 4TH PETITIONER THROUGH HIS OFFICER IN CHARGE AT PERIPHERAL UNIT PONNANI.
Exhibit- P19 A TRUE COPY OF THE OFFICE MEMORANDUM DATED 31.01.1995 BY THE 3RD RESPONDENT INTIMATING THE 4TH PETITIONER THAT HE HAD JOINED THE PONDICHERRY HEAD QUARTER.
Exhibit- P20 A TRUE COPY OF THE OFFICE MEMORANDUM DATED 21.06.1996 BY THE 3RD RESPONDENT INTIMATING THE 4TH PETITIONER THAT HE HAD JOINED THE PONDICHERRY HEAD QUARTER.
Exhibit- P21 A TRUE COPY OF THE OFFICE MEMORANDUM DATED 31.03.1997 BY THE 3RD RESPONDENT INTIMATING THE 4TH PETITIONER THAT HE WAS TRANSFERRED FROM CHERTHALA FIELD STATION TO FIELD STATION, KOCHI.
Exhibit- P22 A TRUE COPY OF THE OFFICE MEMORANDUM DATED 13.01.1998 BY THE 3RD RESPONDENT 2024:KER:63972 18 WP(C) NO. 9420 OF 2024 INTIMATING THE 4TH PETITIONER THAT HE WAS TRANSFERRED FROM KOCHI FIELD STATION TO PONDICHERRY.
Exhibit- P23 A TRUE COPY OF THE OFFICE MEMORANDUM DATED 19.01.1998 BY THE OFFICER IN CHARGE OF KOCHI FIELD STATION INTIMATING THE 4TH PETITIONER THAT HE WAS RELIEVED OF HIS DUTIES FROM KOCHI FIELD STATION TO JOIN PONDICHERRY.
Exhibit- P24 A TRUE COPY OF THE OFFICE MEMORANDUM DATED 05.12.2001 BY THE 3RD RESPONDENT TO THE 4TH PETITIONER THAT HE WAS RELIEVED OF HIS DUTIES BY 05.12.2001.
Exhibit- P25 TRUE COPY OF APPLICATION SUBMITTED BY THE 2ND PETITIONER DATED 23.01.2006 TO 3RD RESPONDENT REQUESTING HIS SERVICE DETAILS WITH THE RESPONDENT INSTITUTION.
Exhibit- P26 TRUE COPY OF APPLICATION SUBMITTED BY THE 2ND PETITIONER DATED 02.06.2011 IN PROPER CHANNEL TO THE 3RD RESPONDENT FOR THE SERVICE DETAILS.
Exhibit- P27 TRUE COPY OF APPLICATION DATED 04.11.2021 SUBMITTED BY THE 2ND PETITIONER TO THE 3RD RESPONDENT FOR HIS SERVICE DETAILS Exhibit- P28 TRUE COPY OF APPLICATION AND REGISTERED POSTAL RECEIPT DATED 02.11.2021 SUBMITTED BY THE 3RD PETITIONER TO THE 3RD RESPONDENT FOR HIS SERVICE DETAILS Exhibit- P29 TRUE COPY OF THE APPLICATION DATED 16.10.2021 AND ITS ACKNOWLEDGMENT FROM ALL THE PETITIONERS TO 3RD RESPONDENT FOR THEIR SERVICE DETAILS Exhibit- P30 TRUE COPY OF THE RESPONSE INTIMATION FROM THE 3RD RESPONDENT TO ALL 2024:KER:63972 19 WP(C) NO. 9420 OF 2024 PETITIONERS INDIVIDUALLY.
Exhibit- P31 THE TRUE COPY OF ALL THE EMAIL LETTERS REQUESTING SERVICE DETAILS OF THE PETITIONERS SEVERALLY AND COLLECTIVELY TO THE 3RD RESPONDENT.