Kerala High Court
Haridas K vs Sindhu. P.S on 21 January, 2013
Author: Babu Mathew P. Joseph
Bench: Thottathil B.Radhakrishnan, Babu Mathew P.Joseph
IN THE HIGH COURT OF KERALAAT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN
&
THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH
MONDAY, THE 9TH DAY OF SEPTEMBER 2013/18TH BHADRA, 1935
OP(KAT).No. 1150 of 2013 (Z)
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AGAINST THE ORDER IN OA 2054/2012 of KERALA ADMINISTRATIVETRIBUNAL,
THIRUVANANTHAPURAM DATED 21-01-2013
PETITIONERS/RESPONDENTS 4 and 18:
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1. HARIDAS K.
PUBLIC WORKS OVERSEER, GRADE III
LOCAL SELF GOVERNMENT DEPARTMENT
PALAKKAD MUNICIPALITY, PALAKKAD 678 001.
2. P.S.SHAIJU
IIIRD GRADE OVERSEER, KOCHI CORPORATION, ERNAKULAM.
BY ADV. SRI.GEORGE POONTHOTTAM
RESPONDENTS/PETITIONERS & RESPONDENTS 1 TO 3:
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1. SINDHU. P.S.
IIIRD GRADE PUBLIC WORKS OVERSEER,
LOCAL SELF GOVERNMENT DEPARTMENT
THIRUVANANTHAPURAM CORPORATION, 695 033
(RESIDING AT TC 17/1232, KANNATTU ROAD, PANGODE
THIRUVANANTHAPURAM)
2. SAILAJA. T
IIIRD GRADE PUBLIC WORKS OVERSEER
LOCAL SELF GOVERNMENT DEPARTMENT
POOVACHAL GRAMA PANCHAYAT (RESIDING AT V.S BHAVAN
PANNIYODU P.O, THIRUVANANTHAPURAM)
3. PATHROSE
IIIRD GRADE PUBLIC WORKS OVERSEER
LOCAL SELF GOVERNMENT DEPARTMENT
PURAMERI GRAMA PANCHAYAT,VADAKARA, KOZHIKODE
(RESIDING AT MUZHAGUVILA VEEDU
KULATHOOR UCHAKADA P.O, THIRUVANANTHAPURAM)
4. JAYASREE.S
IIIRD GRADE PUBLIC WORKS OVERSEER
LOCAL SELF GOVERNMENT DEPARTMENT
KUDAPPANAKUNNU ZONAL
THIRUVANANTHAPURAM CORPORATION 695 033
(RESIDING AT HARISREE, SREEKRISHNAPURAM
MALAYINKEEZHU P.O, THIRUVANANTHAPURAM)
5. STATEOF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT
LOCAL SELF GOVERNMENT DEPARTMENT
GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM 695 001.
OP(KAT).No. 1150 of 2013 (Z)
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6. THE CHIEF ENGINEER
OFFICE OF THE CHIEF ENGINEER
LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT
THIRUVANANTHAPURAM 695 001.
7. THE DIRECTOR
DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM.
R1 TO R 4 BY ADV. SRI.P.C.SASIDHARAN (B/O)
R 5 TO R7 BY GOVERNMENT PLEADER SRI. P.M. JOSEPH
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 09-09-2013, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(KAT).No. 1150 of 2013 (Z)
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APPENDIX
PETITIONERS' EXHIBITS
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EXHIBIT P1. TRUE COPY OF THE CONT.CASE (C). NO.1233 OF 2012.
EXHIBIT P2. TRUE COPY OF THE OA NO.2054/12 FILED BEFORE THE KERALA
ADMINISTRATIVE TRIBUNAL.
EXHIBIT P3. TRUE COPY OF THE REPLY FILED IN CONT.CASE (C) NO.1233 OF 2012.
EXHIBIT P4. TRUE COPY OF THE STATEMENT FILED IN CONT.CASE (C) NO. 1233 OF
2012.
EXHIBIT P5. TRUE COPY OF THE ORDER OF THE KERALAADMINISTRATIVE TRIBUNAL
IN OA NO. 2054 OF 2012 DATED 21.1.2013.
/TRUE COPY/
P.S. TO JUDGE
kvr/
THOTTATHIL B. RADHAKRISHNAN &
BABU MATHEW P. JOSEPH, JJ.
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O.P.(KAT) No.1150 of 2013
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Dated this the 9th day of September, 2013
JUDGMENT
Thottathil B. Radhakrishnan, J.
The crux of the issues raised in this original petition is disputes relating to inter se seniority of the officers serving under the control of the Local Self Government Department. We see that there was an earlier writ petition and later, the original application before the Kerala Administrative Tribunal, from which this original petition arises. The long and short of the controversies is that the inter se disputes between the employees has to be solved at the competent level. While there appears to be some confusion in the light of earlier directions issued regarding that, including by this Court in writ jurisdiction, we think that ends of justice would be satisfied if all the issues and disputes are resolved at the hands of the Secretary to Government in the Local Self Government Department. Therefore, in supersession of all directions and orders in the earlier writ petition, original application etc., this original petition is ordered directing that the State of Kerala will consider the representations of the employees in relation to the questions raised by them by affording appropriate opportunity of hearing through the Secretary to Government in the O.P.(KAT) No.1150/13 -2- Local Self Government Department. This exercise shall be carried out untramelled by anything stated in the earlier judgments or orders in writ jurisdiction and that issue by the Kerala Administrative Tribunal as well as any consequential order issued by the Director of Urban Affairs or any other officer of the Government. The Secretary, Local Self Government Department will make an earnest effort to expeditiously consider and order on the matter. We also make clear that the Secretary to Government can pass such order as may be found necessary in relation to management of affairs during the pendency of consideration of the aforesaid issue. Original petition is ordered accordingly.
Sd/-
THOTTATHIL B. RADHAKRISHNAN JUDGE Sd/-
BABU MATHEW P. JOSEPH JUDGE kvr/11-9 /True copy/ P.S. to Judge