N.Sudharman Vs. Transport Commissioner - Court Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH MONDAY,THE 29TH DAY OF JULY2013/7TH SRAVANA, 1935 OP(KAT).No. 2592 of 2013 (Z) ----------------------------- AGAINST THE ORDER/JUDGMENT IN OA 18/2013 of KERALA ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM DATED 01 04-2013 ....................................... PETITIONER(S)/APPLICANT : ------------------------------------------ N.SUDHARMAN U.D.CLERK, SUB REGIONAL TRANSPORT OFFICE, NORTH PARAVOOR BY ADV. SRI.P.N.MOHANAN RESPONDENT(S)/RESPONDENT : ----------------------------------------------- TRANSPORT COMMISSIONER, TRANSPORT BHAVAN, VAZHUTHAKKAD, THIRUVANANTHAPURAM ”

001. BY SRI.NOBLE MATHEW, SR.GOVERNMENT PLEADER THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 29-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AMV :

2. : OP(KAT).No. 2592 of 2013 (Z) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS : ------------------------------------- EXT.P1:- COPY OF THE ORIGINAL APPLICATION NO 18/2013 BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL THIRUVANANTHAPURAM. EXT.P2:- COPY OF THE PROCEEDINGS DTD 24/1/2012 OF THE LAND REVENUE COMMISSIONER. EXT.P3:- COPY OF THE ORDER DTD 1/4/2013 IN O.A. NO 18/2013 OF THE KERALA ADMINSITRATIVE TRIBUNAL RESPONDENT(S)' EXHIBITS : NIL --------------------------------------- /TRUE COPY/ P.A.TO JUDGE AMV THOTTATHIL B.RADHAKRISHNAN & BABU MATHEW P. JOSEPH, JJ.

.................................................. O.P.(KAT) No.2592 of 2013 ....................................................... Dated this the 29th day of July, 2013 JUDGMENT Thottathil B.Radhakrishnan, J.

Heard. Ext.P1 is an order of the Transport Commissioner on a representation made by the petitioner to allow him certain reliefs in connection with his employment in the cadre of LDC, UDC etc., in the Department of Transport in the Government of Kerala. The quality of the subject handled by the Transport Commissioner in Annexure-A8 in Ext.P1 is such that it would fall within the appellate jurisdiction of the Government. Therefore, if the petitioner is aggrieved by the order dated 15/1/2013 issued by the Transport Commissioner through the Senior Administrative Officer, the petitioner can seek appellate remedy before the Government. We take this view, more particularly because, neither the State nor the Government was party to the proceedings before the Kerala Administrative Tribunal or in this original petition, though the reliefs sought O.P.(KAT) No.2592 o”

2. for, at this point of time, include matters relating to re-fixation of the retirement benefits. Having regard to the fact that the petitioner is, statedly, a member of a Scheduled Caste and also belonging to the cadre of LDC/UDC, the Government will sympathetically consider any delay in the matter of filing the statutory appeal. If an appeal is filed by the petitioner to the Government against the aforesaid decision of the Transport Commissioner within a period of one month, that would be entertained and orders issued in accordance with law, within a further period of three months. To facilitate this, the order issued by the Kerala Administrative Tribunal is vacated and it is directed that the consideration of the appeal by the Government will be untrammelled by anything stated in the order issued by the Tribunal. sd/- (THOTTATHIL B.RADHAKRISHNAN, JUDGE) sd/- (BABU MATHEW P. JOSEPH, JUDGE) AMV/29/7/