IN THE HIGH COURT OF KERALAAT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 20TH DAY OF AUGUST 2013 29TH SRAVANA, 1935 OP(KAT).No. 1535 of 2013 (Z) ----------------------------- AGAINST THE ORDER IN OA 523/2012 of KERALAADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM DATED 13 02-2013 PETITIONERS: -------------------- 1. S.ARAVINDAKSHAN NAIR, AGED 5 YEARS S/O.SREEDHARAN NAIR UPPER DIVISION CLERK (HIGHER GRADE) DIRECTORATE OF INSURANCE MEDICAL SERVICE THYCAUD P.O., THIRUVANANTHAPURAM ”
014. RESIDING AT CHITRA NIVAS, ELANGOM NAGAR, 109 THYCAUD P.O., THIRUVANANTHAPURAM ”
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2. G.CHANDRAN, AGED 4 YEARS S/O.N.GOPI WORKING AS UPPER DIVISION CLERK (HIGHER GRADE) DIRECTORATE OF INSURANCE MEDICAL SERVICE THYCAUD P.O., THIRUVANANTHAPURAM ”
014. RESIDING AT SIVAPDMAM, T C 32/29 (1) MADHAVAPURAM TITANIUM P.O., THIRUVANANTHAPURAM ”
021. BY ADV. SRI.P.NANDAKUMAR RESPONDENTS: ---------------------- 1. STATEOF KERALA, REPRESENTED BY ITS CHIEF SECRETARY GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM ”
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2. THE SECRETARY, LABOUR AND REHABILITATION DEPARTMENT GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM ”
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3. THE DIRECTOR, DIRECTORATE OF INSURANCE MEDICAL SERVICES, THYCAUD THIRUVANANTHAPURAM ”
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4. R.BHASI, UPPER DIVISION CLERK DIRECTORATE OF INSURANCE SERVICES, THYCAUD THIRUVANANTHAPURAM ”
014. OP(KAT).No. 1535 of 2013 (Z) ----------------------------- 5. S.SREEKUMARI, UPPER DIVISION CLERK DIRECTORATE OF INSURANCE SERVICES, THYCAUD THIRUVANANTHAPURAM ”
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6. L.GOPAKUMAR, UPPER DIVISION CLERK DIRECTORATE OF INSURANCE SERVICES, THYCAUD THIRUVANANTHAPURAM ”
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7. T.K.HARIHARA PRASAD, JUNIOR SUPERINTENDENT OFFICE OF THE DIRECTOR OF INSURANCE MEDICAL SERVICES THYCAUD, THIRUVANANTHAPURAM ”
014. * 8. ABRAHAM KOLLINAL, [DELETED] HEAD CLERK, ESI DISPENSARY, CHERUVANNUR P.O. FAROKE, KOZHIKODE ”
631. (R8 IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE PETITIONERS AS PER ORDER DT.30.07.2013 IN IA.10038/2013) R7 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY R7 BY ADV. SMT.N.SANTHA R7 BY ADV. SRI.K.A.BALAN R7 BY ADV. SRI.PETER JOSE CHRISTO R7 BY ADV. SRI.S.A.ANAND R7 BY ADV. SMT.L.AMMU PILLAI R4 BY ADV. SRI.BRIJESH MOHAN R4 BY ADV. SMT.RESMI G. NAIR R5 BY ADV. SRI.JOHNSON GOMEZ R1 TO R3 BY SR.GOVERNMENT PLEADER SRI.NOBLE MATHEW THIS OP (KERALA ADMINISTRATIVE TRIBUNAL) HAVING BEEN FINALLY HEARD ON 20-08-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(KAT).No. 1535 of 2013 (Z) ----------------------------- APPENDIX PETITIONER(S)' EXHIBITS : ------------------------------------- EXHIBIT P1. TRUE COPY OF THE ORDER OF THE KERALA ADMINISTRATIVE TRIBUNAL DATED 13 02.2013 IN OA NO.523/2012. EXHIBIT P2. TRUE COPY OF THE OA NO.523 OF 2012.EXHIBIT P3. COPY OF REPLY STATEMENT FILED ON BEHALF OF THE 2ND RESPONDENT IN OA NO.523/2012 DATED 03 08.2012. EXHIBIT P4. COPY OF REPLY STATEMENT FILED ON BEHALF OF THE ADDITIONAL 4 H RESPONDENT IN OA NO.523/2012 DATED 08 04.2012. EXHIBIT P5. COPY OF REPLY STATEMENT FILED ON BEHALF OF THE ADDITIONAL 4 H RESPONDENT IN OA NO.523/2012 DATED DECEMBER 2012 EXHIBIT P6. TRUE COPY OF REPLY STATEMENT FILED BY THE 5TH RESPONDENT DATED 23 08.2012 IN OA NO.523/2012. RESPONDENT(S)' EXHIBITS : NIL --------------------------------------- // True Copy // PA to Judge THOTTATHIL B.RADHAKRISHNAN & B.KEMAL PASHA, JJ.
````````````````````````````````````````````````````````````` O.P.(KAT) No.1535 of 2013 ````````````````````````````````````````````````````````````` Dated this the 20th day of August, 2013 JUDGMENT
~ ~ ~ ~ ~ ~ ~ ~ ~ Thottathil B.Radhakrishnan, J.
Petitioners in these original petitions filed under Article 227 of the Constitution of India are two among the applicants in O.A.No.523/2012 filed before the Kerala Administrative Tribunal, which was disposed of along with a couple of transferred applications. Ultimately, the Tribunal, in paragraph 21, dealt with the specific submissions on behalf of the applicants in O.A.No.523/2012. It can be seen that the primary issue raised by the applicants in O.A.No.523/2012 is that inter-district transferees have been wrongly assigned seniority in the draft list with effect from OP(KAT).1535/2013 :
2. : their date of advice in the respective parent districts. The Tribunal has left upon the right of the applicants to file their objections on that point also before the 2nd respondent, since the applicants in O.A.No.523/2012 had requested the Tribunal for a direction that, if they submit objections, such objections may also be ordered to be considered. The Tribunal, hence, concluded its order by directing that the objections, if filed within a period of one month, are to be disposed of by the 2nd respondent.
2. In the aforesaid factual situation, it is impossible for us to visit the decision of the Tribunal as having been rendered in any manner which calls for interference under Article 227 of the Constitution of India. We, therefore, close this original petition leaving the petitioners before us to pursue their remedies in the light of what is stated in paragraph 21 of the impugned order. We clarify that we have not expressed anything on the merits of the case, though we record the submission of the learned counsel for OP(KAT).1535/2013 :
3. : the 7th respondent that Government have since issued certain consequential orders in implementation of the directions of the Tribunal. Original petition ordered accordingly. Sd/- (THOTTATHIL B.RADHAKRISHNAN, JUDGE) Sd/- (B.KEMAL PASHA, JUDGE) aks/20/08 // True Copy // PA to Judge