Asok Kumar K.P vs State Of Kerala And Ors

Alexander Thomas, J

The prayers in the above O.P.(KAT) filed under Section 227 of the Constitution of India is as follows:

"i. Call for records of OA [EKM] No.2097/2019 and MA(EKM) No.884/2020 on the files of the Hon'ble Kerala Administrative Tribunal, Additional Bench, Ernakulam

ii. Issue a direction to the Hon'ble Kerala Administrative Tribunal, Additional Bench, Ernakulam to dispose of, OA[EKM] No.2097/2019 pending on its file, expeditiously at any rate within a time frame fixed by this Hon'ble Court in the interest of justice, equity and good conscience.

iii. Pass such other order, direction or reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

Heard Sri.Vinode V.Luka, the learned counsel for the petitioner and Sri.T.Rajesekaran Nair, the learned Senior Government Pleader appearing for contesting respondents 1 to 3. In the nature of orders proposed to be passed in this original petition, notices to contesting respondents 4 to 23 will stand dispensed with.

The case set up by the petitioner in this original petition is as follows:

"The petitioner, aged 54 years, is working in the cadre of Deputy Tahisldar in the Land Revenue Department, who was promoted as Deputy Tahsildar on 04.08.2015 and completed probation as Deputy Tahsildar on 04.08.2015 and completed probation in that cadre on 30.09.2017. Aggrieved by the preparation of Supplementary Select List dated 07.09.2019 for promotion of the post of Tahsildars for the year 2019 which included Respondent Nos. 4 to 23, whose probation was completed much later, the petitioner approached the Tribunal by filing Exhibit P1 OA[EKM] No.2097/2019. However, it is not yet disposed even after a specific direction from this Court.

This Court by Exhibit P3 dated 23.06.2020, directed the Tribunal as : "The original application shall be considered along with the connected matters within a period of two months from the date of receipt of a copy of this judgment"

The petitioner on 02.07.2020 produced Exhibit P3 judgment of this Court by filing MA(EKM) No.884/2020 in OA[EKM] No.2097/2019 and prayed the Tribunal to post the matter for hearing at the earliest. The MA(EKM) No.884/2020 was taken up on 14.07.2020 and ordered to post along with connected matters for hearing. However, nothing has happened till date. The delay in deciding the matter is causing injustice to the petitioner, who is nearing superannuation.

Hence this original petition to issue a direction to the Tribunal to dispose of, OA[EKM] No.2097/2019 pending on its file, expeditiously as any rate within a time frame by this Court"

It is in the light of these averments and contentions the petitioner had filed the instant original petition with the afore mentioned prayers. We are now informed by the learned counsel for the petitioner that Division Bench of this Court as per Exhibit P3 judgment dated 23.06.2020 in O.P.(KAT) No.192/2020, has already issued directions to ensure the early disposal of a similar case by the Tribunal along with all connected matters, and that the present O.A.[EKM]No.2097/2019 filed by the petitioner herein is one such case which is connected to the original application referred to in Ext.P3 judgment.

Ext.P3 judgment rendered by this Court in O.P. (KAT)No.192/2020 reads as follows:

"This original petition has been filed challenging the interim order dated 15.06.2020 in M.A.No.640/2020 in M.A.No.270/2020 in O.A.No. 28/2020. By the said interim order, the Tribunal having modified its earlier order dated 7.2.2020 and permitted the 2nd respondent to effect promotions to the posts of Tahsildar provisionally. A further direction was issued not to promote respondents 4 to 30 until disposal of the original application. The contentious issue between the parties appears to be that, according to the applicants in O.A.No.28/2020, the respondents 4 to 30 though were working as Deputy Tahsildars, their probation was not declared within the specified time and there was no extension of time as well. But without discharging them, later on, the time for declaring probation was extended and it is only during that time their probation came to be declared in 2019. Annexure A5 select list to the post of Tahsildar came to be published including"This original petition has been filed challenging the interim order dated 15.06.2020 in M.A.No.640/2020 in M.A.No.270/2020 in O.A.No. 28/2020. By the said interim order, the Tribunal having modified its earlier order dated 7.2.2020 and permitted the 2nd respondent to effect promotions to the posts of Tahsildar provisionally. A further direction was issued not to promote respondents 4 to 30 until disposal of the original application. The contentious issue between the parties appears to be that, according to the applicants in O.A.No.28/2020, the respondents 4 to 30 though were working as Deputy Tahsildars, their probation was not declared within the specified time and there was no extension of time as well. But without discharging them, later on, the time for declaring probation was extended and it is only during that time their probation came to be declared in 2019. Annexure A5 select list to the post of Tahsildar came to be published including respondents 4 to 30. The contention is that, in so far as they are not eligible, the persons whose probation has been declared within the specified time ought to have been included in the said select list. A few other original applications also are pending before the Tribunal in connection with the very same issue.

The learned counsel for the petitioners would submit that the Tribunal could not have restrained promotion of respondents 4 to 30. In so far as they are eligible and their names appeared in the select list Annexure A5, there is nothing wrong in permitting promotion of respondents 4 to 30, at least provisionally and subject to the result of the original application.

We heard the learned Government Pleader and the counsel appearing on behalf of the other respondents.

The primary issue between the applicants in the original application and respondents 4 to 30 is regarding the eligibility to be part of the select list. This issue requires consideration on an urgent basis, since it is apprehended by the petitioners and contesting respondents that if the adhoc DPC is constituted and select list prepared, their opportunity for promotion may be lost. It is also pointed out that there are sufficient vacancies to be filled up from Annexure A5 select list.

Having regard to the aforesaid submission, we are of the view that this is a matter which the Tribunal ought to have heard and disposed of finally. If respondents 4 to 30 are not provisionally promoted in the available vacancies during the period when Annexure A5 select list was in force, their right to get promotion might be impaired and several of their juniors may be promoted. Under such circumstances, without interfering with the direction issued by the Tribunal permitting the applicants to be considered for promotion, it is only appropriate that the Government issue provisional orders of promotion from Annexure A5 select list, subject to the availability of vacancies during the relevant time. Those persons who are appointed by virtue of this order shall not claim any equity on account of the said promotion, if any. The original application shall be considered along with the connected matters within a period of two months from the date of receipt of a copy of this judgment. The original petition is disposed of."

This Court has already issued directions as per Ext.P-3 judgment to ensure the early disposal of the afore mentioned connected matters within two months. It appears that the above said period of two months has expired quite some time ago. Presumably it could be only on account of Covid-19 pandemic issues and other exigencies that the Tribunal would have found it difficult to ensure the disposal of the said matters within the said time frame. Taking note of directions already rendered by the Division Bench of this Court at Ext.P3 judgment, we would request the Tribunal to ensure early disposal of the present O.A. [EKM]No.2097/2019 along with original application referred to in Ext.P3 judgment and all other connected matters, without much delay, and also taking into account the directions and orders already rendered by the Division Bench of this Court at Ext.P3 judgment. We hope and trust the Tribunal would certainly ensure that all reasonable endeavours are taken to ensure the early disposal of the matters, without any further delay.

The Registry will forward a copy of this judgment to the Kerala Administrative Tribunal, Ernakulam Bench, for necessary information and further action.

With these observations and directions, the above original petition (KAT) will stand disposed of.