B. Krishnakumar And Ors 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:

"1. To direct the Kerala Administrative Tribunal, Ernakulam, Bench to consider and pass orders in Exhibits P1 & P2 MAs in OA(EKM) No.960/2020 within a time frame.

And to pass such other appropriate orders or directions which the Hon'ble Court deems fit and proper in the facts and circumstances of the case so as to secure the ends to justice"

Heard Sri.Shabu Sreedharan, the learned counsel for the petitioners, Sri.B.Vinod, the learned Government Pleader appearing for the official respondents 1 to 3 and Sri.P.C.Sasidharan, the learned Standing Counsel for the Kerala Public Service Commission appearing for contesting respondent No.4. In the nature of orders proposed to be passed in this original petition, notices to contesting respondents 5 to 20 will stand dispensed with.

The main contentions urged by the petitioners are as follows :

"A. Apprehending ultravires acts on the part of the respondents 1 to 4 in giving promotion of the said DCs of APBn, the petitioners preferred a detailed representation before the 2nd respondent dated 06.07.2020 requesting to convene an urgent Ad hoc DPC(H) for the preparation of Select List of the officers fit for promotion as SP (Non-IPS) for the vacancies in the year 2020 in view of the vacancies of Commandants in APBn. But the 2nd respondent did not take any favourable steps towards such a representation resulting in the filing of the OA.

B. It is reliably learnt that the respondents 1 to 4 are taking hasty steps to see that certain DCs to APBn out of the respondents 5 to 20 are either given temporary appointment or given promotion as Commandants in the vacant posts in the APBn. If it so happen, the very OA will become infructuous and the petitioners will have to suffer irreparable heavy loss and severe legal injury. In order to avoid such unpleasant situation, it is very much necessary for the petitioners to get urgent orders in the Exhibits-P1 & P2 MAs."

In the light of these averments and contentions the petitioners have filed the instant petition with the afore mentioned prayers.

After hearing both sides and after taking note to the facts and circumstances of this case as disclosed from the pleadings and materials on record, we would dispose this petition by requesting the Tribunal to take all reasonable endeavours possible to ensure the early disposal of Ext.P1 MA(EKM) No.1308/2020 in OA (EKM)No.960/2020 and Ext.P2 MA(EKM) No.1382/2020 in OA (EKM)No.960/2020, without much delay, and taking note of the urgency expressed by the petitioners.

The Registry will forward the 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.