Kerala High Court
State Of Kerala vs Damu Pacholangara on 7 April, 2021
Bench: Alexander Thomas, K. Babu
OP(KAT) 103/2021 1/6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE K. BABU
th th
Wednesday,the 7 day of April 2021/17 Chaithra, 1943
For information purpose only
OP(KAT) No.103/2021
(AGAINST THE ORDER DATED 11.10.2019 IN OA (EKM) NO.67/2016 OF THE
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM)
PETITIONER/RESPONDENT IN O.A:
1.STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN-695001.
2.THE DIRECTOR GENERAL OF EDUCATION,
JAGATHY, THIRUVANANTHAPURAM, PIN-695014.
3.THE DEPUTY DIRECTOR OF EDUCATION,
DOWN HILL, MALAPPURAM, PIN-676519.
4.THE ASSISTANT EDUCATIONAL OFFICER,
TIRURANGADI P.O., TIRURANGADI, MALAPPURAM, PIN-676306.
5.THE HEADMASTER,
GOVERNMENT WELFARE UPPER PRIMARY SCHOOL, TIRURANGADI P.O.,
MALAPPURAM, PIN-676306.
RESPONDENT/APPLICANT IN OA:
DAMU PACHOLANGARA,AGED 59 YEARS
S/O.CHATHU, RESIDING AT PACHOLANGARA HOUSE, MUTHUVADATHUR,
PURAMERI, VADAKARA, KOZHIKODE, PRIMARY DEPARTMENTAL TEACHER,
GOVERNMENT WELFARE UPPER PRIMARY SCHOOL, TIRURANGADI,
TRIKKULAM, MALAPPURAM DISTRICT, PIN-676306.
OP(KAT) praying inter alia that in the circumstances stated in
the affidavit filed along with the OP(KAT) the High Court be
pleased to stay all the further proceedings in pursuance to
Exhibit P3 Impugned Order till the final disposal of the above
Original Petition(KAT).
This petition coming on for admission on 07-04-2021 upon
perusing the petition and the affidavit filed in support of
OP(KAT) and upon hearing the arguments of Sri.B.UNNIKRISHNA
OP(KAT) 103/2021 2/6
KAIMAL, GOVERNMENT PLEADER, for the petitioners the court passed
the following
For information purpose only
ALEXANDER THOMAS & K.BABU, JJ.
============================
O.P(KAT) No.103 of 2021
For information purpose only
(arising out of the order dated 11.10.2019
in O.A (EKM)No.67/2016)
============================
Dated this the 7th day of April, 2021
ORDER
Issue notice before admission to the sole respondent herein (Original Applicant) by speed post returnable within two weeks. The petitioners herein are also permitted to serve notice on the sole respondent herein through Sri.V.A.Muhammed, the learned counsel who appeared for the party before the Tribunal.
2. It is urged by Sri.B.Unnikrishna Kaimal, the learned Government Pleader appearing for the petitioners that it has been held by the Division Bench of this Court in para No.24 of the decision rendered in State of Kerala v. Victoria [(2018(4) KLT 325] that as per the provisions of the G.O(Ms) No.122/86/G.Edn. dated 17.7.1986 a break in service for more than one month could not have been normally condoned. In the instant case, the Original Applicant was thrown out from the service of the aided school due to want of vacancies O.P(KAT) No.103 of 2021 2 on 29.3.1994 and he had not secured the benefit of being a protected teacher and that it is much later he was selected by the Public Service For information purpose only Commission and appointed on regular basis on 4.8.1999 and that therefore the time gap between the date of being thrown out from his first appointment ie. on 29.3.1994 upto his regular appointment on 4.8.1999 is much more than the permitted period of one month, the Tribunal should not have ordered to grant the benefit in favour of the original applicant. Further that the Tribunal has not considered the impact of the dictum laid down by the Division Bench in the decision in Victoria's case supra as well as the norms contained in the Government Order dated 17.7.1986 etc.
3. Having regard to these aspects, we are of the view that the petitioners have made out a strong prima facie case in the matter. Accordingly, it is ordered that the operation and enforcement of the impugned order rendered by the Tribunal at Ext.P3 dated 11.10.2019 in O.A.(EKM) No.67/2016 will remain stayed and shall be kept in abeyance. This interlocutory direction will be in force till 30.6.2021
4. The learned Government Pleader will ensure that a copy of the above referred G.O(Ms) No.122/86/G.Edn. dated 17.7.1986 O.P(KAT) No.103 of 2021 3 shall be produced along with a memo of the learned Government Pleader and marked as an annexure thereto, well before the next For information purpose only posting date and copies thereof shall also be given in advance to the learned counsel appearing for the respondent herein.
Post on 4.6.2021 in the admission list.
Sd/-
ALEXANDER THOMAS JUDGE Sd/-
K. BABU
JUDGE
ab
/true copy/ Sd/- ASSISTANT REGISTRAR
KLHC010200722021 6/6
EXHIBIT P3 - TRUE COPY OF THE IMPUGNED ORDER OF THE KERALA ADMINISTRATIVE TRIBUNAL DATED 11.10.2019 IN THE ORIGINAL APPLICATION.
For information purpose only