Kerala High Court
State Of Kerala vs Gireesh Kumar.K on 20 June, 2023
Author: Alexander Thomas
Bench: Alexander Thomas
OP(KAT) No.246/2023 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
th
Tuesday, the 20
day of June 2023 / 30th Jyaishta, 1945
OP(KAT) NO. 246 OF 2023
AGAINST THE ORDER DATED 23.09.2022 IN OA 202/2019 OF KERALA ADMINISTRATIVE
TRIBUNAL, THIRUVANANTHAPURAM.
PETITIONERS/RESPONDENTS IN O.A.:
1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH AND
FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, STATUE,
THIRUVANANTHAPURAM, PIN - 695001, KERALA.
2. DIRECTOR OF MEDICAL EDUCATION, DIRECTORATE OF MEDICAL EDUCATION,
MEDICAL COLLEGE.P.O, THIRUVANANTHAPURAM, PIN - 695011, KERALA.
RESPONDENT/APPLICANT IN O.A.:
GIREESH KUMAR.K, AGED 48 YEARS, S/O KRISHNAMOORTHY.S, RESIDING AT
'PARVATHY', VVLR 84, VALIYAVEEDU LANE, KAMALESWARAM,
THIRUVANANTHAPURAM,PIN:695009 WORKING AS 'OPTOMETRIST', MEDICAL
COLLEGE UNIT, PANGAPPARA, THIRUVANANTHAPURAM, PIN:695581,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 stay Exhibit P4 Impugned Order, till the final
disposal of the above Original Petition (KAT).
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of OP(KAT) and upon hearing the arguments
of GOVERNMENT PLEADER, for the petitioners, and of SMT.ASHA S.V, Advocate
for the Respondent, the court passed the following:
OP(KAT) No.246/2023 2/5
ALEXANDER THOMAS & C.JAYACHANDRAN, JJ.
=================================
O.P(KAT) No.246 of 2023
[arising out of the impugned order dated 23.09.2022 in O.A No.202/2019
on the file of the KAT, Tvm. Bench]
=================================
Dated this the 20th day of June, 2023
ORDER
Issue notice before admission to the sole respondent (original applicant) by special messenger, returnable within three days.
2. It is urged by Sri.B.Unnikrishna Kaimal, learned Senior Government Pleader appearing for the petitioners in the O.P, that the applicant was earlier granted permission to study B.Sc Optometry course under the service quota in the Government Medical College, Thiruvananthapuram, for the period from 25.09.2010 to 18.03.2015 and his request to grant deputation benefits was rejected, as per Annexure-A2 dated 06.04.2011 and the period of study was later regularized as leave without allowances, as per Annexure-A3 order dated 08.12.2015, whereby it was ordered that the period from 25.09.2010 to 18.03.2015, would be utilized for study purpose, for which LWA was allowed, will not count for increment, higher grade, pension and accumulation of Earned Leave. The applicant has not challenged Annexure-A3 dated 08.12.2015, even now. After claiming that the deputation benefits was granted to another incumbent much later, as per Annexure-A7 order dated 30.01.2018, the OP(KAT) No.246/2023 3/5 O.P(KAT) No.246 of 2023 2 petitioner sought that identical treatment should be given to him. The applicant accordingly preferred the instant O.A, wherein the Tribunal has now found as per the impugned Ext.P-4 final order dated 23.09.2022, that the denial of deputation benefits to the applicant is not legally sustainable and has set aside Annexure-A2 order dated 06.04.2011 and has also set aside the impugned conditions in Annexure-A3 dated 08.12.2015, though there was no challenge as against Annexure-A3 and has now directed the Government to pass fresh orders, on the request of the applicant in granting him deputation benefits, etc.
3. It is urged that the petitioner was served with the rejection order, as per Annexure-A2, as early as on 06.04.2011 and he has filed the instant O.A, only as late as on 04.09.2018 and the Tribunal should have dismissed his claims, solely on account of unexplained delay and laches, etc. Further, the detrimental conditions in Annexure-A3, has been set aside, even though there was no prayer in the O.A, for setting aside the impugned conditions in Annexure-A3 therein.
4. After taking note of the above facts, we find a strong prima facie case is made out by the petitioners. Accordingly, it is ordered, in the interest of justice that the operation and enforcement of the impugned verdict rendered by the Tribunal at Ext.P-4 on 23.09.2022 in the instant OP(KAT) No.246/2023 4/5 O.P(KAT) No.246 of 2023 3 O.A No.202/2019, will remain stayed and shall be kept in abeyance.
List on 07/07/2023 in the Admission List.
Hand Over Sd/-
ALEXANDER THOMAS, JUDGE Sd/-
C.JAYACHANDRAN, JUDGE vgd OP(KAT) No.246/2023 5/5 APPENDIX OF OP(KAT) 246/2023 Exhibi P4 TRUE COPY OF FINAL ORDER OF THE KERALA ADMINISTRATIVE TRIBUNAL DATED 23.09.2022 IN THE ORIGINAL APPLICATION NO.202/2019.