Kerala High Court
Able Tom George vs Union Of India on 25 March, 2025
Author: Amit Rawal
Bench: Amit Rawal
OP (CAT) No.3/2024 1/4 Order Date : 25-03-2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
Tuesday, the 25th day of March 2025 / 4th Chaithra, 1947
OP (CAT) NO. 3 OF 2024
AGAINST ORDER DATED 09-10-2023 IN OA 180/2019 OF CENTRAL ADMINISTRATIVE
TRIBUNAL, ERNAKULAM BENCH, ERNAKULAM
PETITIONER(S)/APPLICANT IN OA:
ABLE TOM GEORGE, AGED 32 YEARS, S/O. GEORGEKUTTY, RESIDING AT
NELLUVELIL HOUSE, UPPUTHARA VILLAGE, IDUKKI DISTRICT, PIN-685505.
RESPONDENT(S)/1ST AND 2ND RESPONDENTS IN O.A.:
1. UNION OF INDIA, REPRESENTED BY SECRETARY DEPARTMENT OF SCIENCE AND
TECHNOLOGY, TECHNOLOGY BHAVAN, NEW DELHI, PIN-110016.
2. SREE CHITHIRA THIRUNAL INSTITUTE OF MEDICAL SCIENCE AND TECHNOLOGY,
TRIVANDRUM, MEDICAL COLLEGE P.O., TRIVANDRUM, PIN-695011.
Op (cat) praying inter alia that in the circumstances stated in the
affidavit filed along with the OP (CAT) the High Court be pleased to (a)
Call for the records relating to Exhibit P8 and set aside the impugned
order. Exhibit P8. b) Direct the respondent No.2 to appoint the Applicant
as Junior Social Worker with immediate effect. c) Pass such order/orders
as this Honble Court deems just and proper in the facts and circumstance
of the case.
This Petition again coming on for orders upon perusing the
petition and the affidavit filed in support of OP (CAT) and this Court's
order dated 06/02/2025 and upon hearing the arguments of M/S. SADHANA
KUMARI ESWARI & K.S. ARUNI RAJ, Advocates for the petitioner and of
SRI. SAJITH KUMAR V., SC-SREE CHITHIRA THIRUNAL INSTITUTE OF MEDICAL
SCIENCE AND TECHNOLOGY for R2, the court passed the following:
OP (CAT) No.3/2024 2/4 Order Date : 25-03-2025
AMIT RAWAL & K.V.JAYAKUMAR, JJ.
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O.P.(CAT) No.3 of 2024
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Dated this the 25th day of March, 2025
ORDER
AMIT RAWAL, J.
After going through the contents of the affidavit dated 27.02.2025, re-iteration of the previous affidavit dated 27.05.2024, on perusal of Exhibit-R2(a) attached with the first affidavit of 27.05.2024, it is evident that the governing body had realised that, there were three more posts of Junior Social Workers and converted into Receptionist-cum-
Telephone Operator.
2. On going through the powers of the governing body, there is no provision for creating or converting the post, much less, it has been brought to our notice that, respondent No.2-institution is an autonomous body created by the Act of Parliament called Sree Chitra Tribunal Institute of Medical Sciences and Technology, Trivandrum Act, 1980.
OP (CAT) No.3/2024 3/4 Order Date : 25-03-2025 O.P.(CAT)No.3 of 2024 -2-
3. We call upon Mr.Sajith Kumar to appraise us regarding the provisions of the Act, the Rules and Regulations framed thereunder governing the conditions of service, appointment transfer, conversion etc.
4. It is made clear that, in case it is found that the alleged filling of the post without advertisement, as noticed by us in the previous order, and conversion is not found to be in existence, we may be constrained to order investigation by a competent officer and before that, we call upon the members of the present governing body to show cause why the proceedings need not be initiated against them.
Post this matter on 27.03.2025.
H/o. Sd/-
AMIT RAWAL
JUDGE
Sd/-
K.V.JAYAKUMAR
vv JUDGE
OP (CAT) No.3/2024 4/4 Order Date : 25-03-2025
APPENDIX OF OP (CAT) 3/2024
Annexure A4 TRUE COPY OF THE ORDER DATED ADVT.NO.P&AII/30/JSW-IN/
SCTIMST/2O18 IS DATED 20-08-2018.
Annexure A1 TRUE COPY OF NOTICE BEARING
NO.P&A.II/21/JSSC/SCTIMST/2015 DT. 26-08-2015. Annexure A2 TRUE COPY OF THE RANK LIST OF SELECTED CANDIDATES FOR THE POST OF JUNIOR SOCIAL WORKER BEARING NO.P&AII /377/ JSSC/ SCTIMST/2015 DT.20-02-17 Annexure A3 TRUE COPY OF THE RELEVANT PORTION OF MINUTES OF THE 97TH GOVERNING BODY MEETING HELD IN 13-11-2016. Annexure A5 TRUE COPY OF RANK LIST OF SELECTED CANDIDATES FOR THE POST OF JUNIOR SOCIAL WORKER (TEMPORARY)(WALK-IN- INTERVIEW HELD ON 25/09/2018) PUBLISHED ON 09/10/2018. Annexure A6 TRUE COPY OF ONE OF THE RELIEVING CERTIFICATE ISSUED TO ONE CANDIDATE NAMELY JOSNA ANTONY (4 RANK). Annexure A7 TRUE COPY OF A LIST OF ALL THE JUNIOR SOCIAL WORKERS AND MEDICO SOCIAL WORKERS, CURRENTLY EMPLOYED PERMANENTLY BY THE RESPONDENT INSTITUTION. Annexure A8 TRUE COPY OF COPY OF THE ADVERTISEMENT NOTIFICATION DATED 14/10/2019.
Annexure A9 TRUE COPY OF APPLICATION FOR THE POST OF JUNIOR SOCIAL WORKER DT.26.08.2015 Annexure A10 TRUE COPY OF APPOINTMENT LETTER OF THE RESPONDENT NO.6 DT. 24/10/2018.
Annexure A10(A) TYPED COPY OF APPOINTMENT LETTER OF THE RESPONDENT NO.6.
Annexure A11 TRUE COPY OF APPOINTMENT LETTER OF THE RESPONDENT NO.7 DT.01.11.2018.
Annexure 11(A) TYPED COPY OF APPOINTMENT LETTER OF THE RESPONDENT NO.7 Exhibit P1 THE COPY OF THE ORIGINAL APPLICATION FILED BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL Exhibit P2 THE COPY OF THE REPLY STATEMENT OF MARCH 2019 Exhibit P3 THE COPY OF THE REJOINDER FILED BY THE APPLICANT TO THE EXHIBIT P2 REPLY OF THE RESPONDENT NO.2 Exhibit P4 THE ADDITIONAL REJOINDER WITH ITS ANNEXURE Exhibit P5 COPY OF THE 2ND ADDITIONAL REJOINDER Exhibit P6 MISCELLANEOUS APPLICATION TO ACCEPT ADDITIONAL DOCUMENTS Exhibit P7 ADDITIONAL REPLY STATEMENT FILED BY THE RESPONDENT NO.2 DATED 07/09/2023 Exhibit P8 THE COPY OF THE ORDER IN OA NO. 180/00112/2019 DT 9/10/ 2023 EXHIBIT R2(a) A true copy of the minutes of the Governing Body of the 2nd Respondent Institute dated 21.07.2020 Exhibit R2(b) A true copy of the model reservation roster for direct recruitment released by the government of India as per G.I, Dept. of Per. and Trg, O.M. No. 36012/2/96- Estt.(Res), dated 02.07.1997 along with its Annexures Exhibit R2(C) A true copy of the Regulations dated 23.06.1981 of the institute