Kerala High Court
Sri.V.S.Sudheer vs Union Of India on 31 March, 2023
Author: S. Manikumar
Bench: S.Manikumar, Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Friday, the 31st day of March 2023 / 10th Chaithra, 1945
WP(C) NO. 8460 OF 2023(S)
PETITIONER:
SRI.V.S. SUDHEER, S/O.LATE PIRAPPANCODE V SREEDHARAN NAIR,
AGED 67 YEARS, PIRAPPANCODE HOUSE, MATHAI MANJOORAN ROAD,
ERNAKULAM- 682 018,
RESPONDENTS:
1. UNION OF INDIA, THROUGH ITS SECRETARY, DEPARTMENT OF PERSONNEL AND
TRAINING, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS,
5TH FLOOR, SARDAR PATEL BHAVAN, NORTH BLOCK, NEW DELHI - 110 001.
2. THE SECRETARY, MINISTRY OF LAW AND JUSTICE, A -WING, SHASTRI
BHAWAN, RAJENDRA PRASAD ROAD, NEW DELHI- 110 001.
3. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
4. PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, REPRESENTED BY
ITS SECRETARY, GOVERNMENT OF KERALA, ROOM NO.141, 3RD FLOOR, NORTH
BLOCK SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
5. GENERAL ADMINISTRATION DEPARTMENT, REPRESENTED BY ITS SECRETARY,
ROOM NO.367, 1ST FLOOR, MAIN BLOCK, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
6. THE CHAIRMAN, KERALA PUBLIC SERVICE COMMISSION, THULASI HILLS,
PATTOM PALACE P.O., THIRUVANANTHAPURAM - 695 004.
7. THE KERALA ADMINISTRATIVE TRIBUNAL, VANCHIYOOR P.O,
THIRUVANANTHAPURAM-695 035, REPRESENTED BY THE REGISTRAR.
8. SHRI.RAJESH DEWAN, HON'BLE MEMBER, THE KERALA ADMINISTRATIVE
TRIBUNAL, VANCHIYOOR P.O, THIRUVANANTHAPURAM - 695 035.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to (a) direct the 5th Respondent Member Secretary of the Search-
cum-Selection Committee to initiate the selection process to fill the
vacancy of Administrative Member at the Kerala Administrative Tribunal
that will arise after 30-4-2023 in accordance with Tribunal Reforms Act,
2021 and the Tribunal (Conditions of Service) Rules, 2021; (b) direct
the Respondent No. 8 to continue till the selection process is completed
and the selected candidate joins the KAT as has been done in Exhibit P5
so as not to affect the working of the KAT, pending disposal of the Writ
Petition.
P.T.O.
This petition again coming on for admission upon perusing the
petition and the affidavit filed in support of WP(C), this Court's order
dated 20/03/2023 and upon hearing the arguments of SRI.S. SREEKUMAR
(SENIOR ADVOCATE) along with M/S. P.MARTIN JOSE, P.PRIJITH, THOMAS
P.KURUVILLA, R.GITHESH, AJAY BEN JOSE, MANJUNATH MENON, SACHIN JACOB
AMBAT, ANNA LINDA EDEN & HARIKRISHNAN S., Advocates for the petitioner
SRI.ANTONY MUKKATH, SENIOR GOVERNMENT PLEADER,for R3 and of SRI.P.
GOPAL, Advocate for R7, the court passed the following:
P.T.O.
S. MANIKUMAR, CJ
&
MURALI PURUSHOTHAMAN, J
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W.P(C). No.8460 of 2023 (S)
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Dated this the 31st day of March, 2023
ORDER
S. Manikumar, CJ.
On this day, when the matter came up for hearing, on the basis of a letter dated 29.3.2023, of the Additional Chief Secretary to Government, General Administration (Co-ordination) Department, Thiruvananthapuram, addressed to the Registrar, High Court of Kerala, Mr. Antony Mukkath, learned Senior Government Pleader submitted that a letter has already been addressed, constituting a Search-cum-Selection Committee, as per Sub-Section (2) and (3) of Section (3) of the Tribunal Reforms Act, 2021 (Act 33 of 2021), with the following members:
Hon'ble Chief Justice of High Court of Kerala - Chairman Chief Secretary, Government of Kerala - Member Chairman, Kerala Administrative Tribunal, Chairman, Kerala Public Service Commission - Member Additional Chief Secretary, GAD-Member (without voting power)
2. Registry is directed to place the subject matter on the administrative side, at the earliest.
W.P(C).8460/2023 2 Though Mr. S. Sreekumar, learned Senior Counsel seeks for a direction to permit a member, who is likely to demit the office, to continue until the selection process is over, at this juncture, we are not inclined to pass any orders.
Sd/-
S. Manikumar, Chief Justice Sd/-
Murali Purushothaman, Judge sou.
31-03-2023 /True Copy/ Assistant Registrar