IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH THURSDAY, THE 11TH DAY OF JULY 2013 20TH ASHADHA, 1935 OP(KAT).No. 1329 of 2012 (Z) ----------------------------- AGAINST THE ORDER/JUDGMENT IN OA NO.415/2012 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM BENCH ..... PETITIONER(S): -------------------------- DR.T.G.SARACHANDRAN, ASSOCIATE PROFESSOR AND HEAD, DEPARTMNET OF MATHEMATICS, UNIVERSITY COLLEGE, THIRUVANANTHAPURAM, PIN-695 034. BY DR.T.G.SARACHANDRAN, PARTY-IN-PERSON RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
2. THE DIRECTOR OF COLLEGIATE EDUCATION, OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN-695 033.
3. K.G.RADHAKRISHNAN, ASSOCIATE PROFESSOR AND HEAD, DEPARTMENT OF ENGLISH, GOVERNMENT ARTS COLLEGE, THIRUVANANTHAPURAM, PIN-695 014. R1 & R2 BY SR. GOVERNMENT PLEADER SRI.NOBLE MATHEW R3 BY ADV. SRI.P.NANDAKUMAR THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 11-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss OP(KAT)1329/2012 (Z) APPENDIX PETITIONER'S EXHIBITS: EXT. P1 TRUE COPY OF THE O.A 415/2012 OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM. EXT. P2 TRUE COPY OF THE ORDER DATED 09 03-2012 IN OA 415/2012 OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM. EXT.P3 COPY OF ORDER NO.B3/9030/2012/COLL.EDN.DTD.20/06/12 ISSUED BY THE 2ND RESPONDENT. EXT.P4: COPY OF NOTIFICATION VIDE G.O.(P) NO.368/2012/H.EDN. DTD. 27/07/12 ISSUED BY THE 1ST RESPONDENT. EXT.P5: COPY OF G.O.(P) NO.171/99/H.EDN. DTD. 21/12/1999 ISSUED BY THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS: R2(A): COPY OF THE ORDER NO.B3/9030/2012/COLL.EDN. DTD. 20/06/2012. R3(A): COPY OF ORDER DTD. 20/06/2012 ISSUED BY THE 2ND RESPONDENT. R3(B): COPY OF ORDER DTD. 03/01/2001. R3(C): COPY OF LETTER DTD. 2/05/2008 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT. R3(D): COPY OF ORDER DTD. 27/08/2008 ISSUED BY THE 2ND RESPONDENT. R3(E): COPY OF PETITION DTD. 14/12/2010 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT. /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN & BABU MATHEW P.JOSEPH, JJ.
.................................................................... OP(KAT) No.1329 of 2012 .................................................................... Dated this the 11th day of July, 2013. JUDGMENT
Thottathil B.Radhakrishnan, J.
Being aggrieved by an integrated seniority list, Annexure-A5 in Ext.P1, the petitioner filed O.A.No.415 of 2012 before the Kerala Administrative Tribunal. That was ordered directing that his objections to that list, which was Annexure-A6 in Ext.P1, be considered. At the stage of admission, this Court thought it fit to ensure that until such process is over, status obtained in the integrated seniority list dated 27.01.2004 (of Selection Grade Lecturers) - Ext.A1 in Ext.P1, is not disturbed. Hence, order dated 12.04.2012 was issued. Thereafter, on 20.06.2012, the Director of Collegiate Education has issued proceedings finalising the objections to the integrated seniority list. Under such circumstances, what is now open for challenge would only be that order, which is placed as Ext.P3 along with I.A.No.11405 of 2012, which is an application seeking leave to amend this original petition. Such amendment cannot be permitted because this is a OP(KAT) 1329/12 -2- petition under Article 227 of the Constitution of India and we would not, therefore, in exercise of such authority, visit any further action at the level of the executive. That may be open to attack in terms of the provisions of the Kerala Public Services Act, 1968 and the Rules framed thereunder, and thereupon in terms of the provisions of the Administrative Tribunals Act, 1983. We see that the provisions of the KS&SSR provide for statutory appeal or revision against the decision of the Director of Collegiate Education. Even after that, the remedy will lie only before the Kerala Administrative Tribunal. Hence, without prejudice to that, this original petition is closed. We leave open all other issues. (THOTTATHIL B.RADHAKRISHNAN, JUDGE) (BABU MATHEW P. JOSEPH, JUDGE) jg