OP(KAT) No. 327/2023

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** ## **&** **THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN FRIDAY, THE 4[TH] DAY OF AUGUST 2023 / 13TH SRAVANA, 1945 OP(KAT) NO. 327 OF 2023 AGAINST THE ORDER IN M.A.(EKM)NO.1150/2023 OA (EKM) 655/2023 OF KERALA ADMINISTRATIVE TRIBUNAL,** **THIRUVANANTHAPURAM** **PETITIONERS/PETITIONERS IN MA (EKM) NO.1150/2023 & APPLICANTS IN OA(EKM)NO.655/2023:** 1 SAMGEETH T.S, AGED 44 YEARS, S/O T.G SUKUMARA MENON PRESENTLY WORKING AS, MASALJI [DAILY WAGED], GOVERNMENT GUEST HOUSE, ALUVA, ERNAKULAM- AND RESIDING AT, THEKKADUTHU HOUSE, PUTHIYADOM, KANJOOR P.O, ERNAKULAM, PIN - 683575 2 SARISH .N, AGED 46 YEARS, S/O BHASKARAN PRESENTLY WORKING AS KITCHEN MATTEY [DAILY WAGED], GOVERNMENT GUEST HOUSE, PAYYAMBALAM, KANNUR, PIN - 673527 AND RESIDING AT, CHUNDAPOYIL MEETHAL, CHERUKKAD, KOZHIKKODU, 3 ANILKUMAR.K, AGED 53 YEARS, S/O N.KRISHNANKUTTY PRESENTLY WORKING AS, SWEEPER [DAILY WAGED]. GOVERNMENT GUEST HOUSE, MOOLAVATTOM P.O, KOTTAYAM-686101 AND RESIDING AT, ASHANIVAS, VELAMKUNNEL, VAZHAPPALLY P.O, CHANGANACHERRY, KOTTAYAM BY ADVS. DIPU.R K.S.BAIJU DEVI KRIPA R. P.V.SARITHA VENUGOPAL DHANYA BABU NEETHU SASI ANSU SARA MATHEW OP(KAT)No.327 OF 2023 -: 2 :- ## **RESPONDENTS/RESPONDENTS IN MA(EKM)NO.1150/2023 &** ## **RESPONDENTS IN OA(EKM)NO.655/2023:** - 1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF TOURISM, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 - 2 THE DIRECTOR , DEPARTMENT OF TOURISM PARK VIEW, OPPOSITE MUSEUM, THIRUVANANTHAPURAM, PIN - 695033 - 3 THE SENIOR ADMINISTRATIVE OFFICER, DEPARTMENT OF TOURISM PARK VIEW, OPPOSITE MUSEUM, THIRUVANANTHAPURAM, PIN - 695033 - 4 THE DEPUTY DIRECTOR OF TOURISM, ERNAKULAM OFFICE OF THE DEPUTY DIRECTOR OF TOURISM, BOAT JETTY COMPLEX, ERNAKULAM, PIN - 682011 - 5 THE DEPUTY DIRECTOR OF TOURISM, KANNUR DISTRICT TOURISM OFFICE, , SOUTH BAZAR, KANNUR, PIN - 670002 - 6 THE DEPUTY DIRECTOR OF TOURISM, KOTTAYAM DISTRICT TOURISM OFFICE, KAVANATTINKARA, KUMARAKOM P.O, KOTTAYAM, PIN - 686563 - 7 THE MANAGER GOVERNMENT GUEST HOUSE, ALUVA, ERNAKULAM, PIN - 683101 - 8 THE MANAGER GOVERNMENT GUEST HOUSE, KANNUR, PAYYAMBALAM, KANNUR-, PIN - 670001 - 9 THE MANAGER GOVERNMENT GUEST HOUSE, KOTTAYAM, MOOLAVATTOM P.O, KOTTAYAM, PIN - 686012 ## **OTHER PRESENT:** SRI. SAIGI JACOB PALATTY-SR. GP THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 04.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **ALEXANDER THOMAS & C. JAYACHANDRAN, JJ.** **---------------------------------------------------------------------------** ## O.P.(KAT) No. 327 of 2023 _[arising out of the order in MA(EKM) no.1150/2023 in OA(EKM)No. 655/2023 dated 10.07.2023 on the files of the KAT, Additional Bench Ernakulam]_ **----------------------------------------------------------------------** Dated this the 4[th] day of August, 2023 ## **J U D G M E N T** The instant Original Petition instituted under Article 226 & 227 of Constitution of India, is directed against the impugned Ext.P3 interim order dated 10.07.2023 rendered by the Kerala Administrative Tribunal, Ernakulam Bench on M.A.(EKM)No. 1150/2022 in O.A.(EKM)No. 655/2023. The petitioners herein are the applicants in the M.A. and the O.A. The respondents herein are the respondents in the M.A. and the O.A. 2. Heard Sri. R. Dipu, learned counsel appearing for the petitioners and Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for the respondents. 3. The main prayers in the impugned Ext.P1 Original Application, O.A.(EKM) No. 655/2023, filed by the petitioners herein before the Tribunal are as follows: - i. Quash Annexure A16 order issued by the 1st respondent. ii. This Hon'ble Tribunal may be pleased to direct the respondents to regularize the services of the applicants as ## O.P.(KAT).No.327/2023 -: 2 :- - kitchen Matey/Sweeper/Cook/Masalji or any other appropriate post considering their services by issuing orders similar to Annexures A4 and A5. - iii. This Hon'ble tribunal again be pleased to direct the respondents not to terminate the services of the applicants until the permanent employees were recruited to the posts in which the applicants has been working. - iv. Declare that all the applicants are entitled to be regularized in the Tourism Department. - v. This Hon'ble Tribunal may further be pleased to pass any other just and equitable orders in favour of the applicants, under the given facts and circumstances of the case as deemed fit and proper. 4. The interim prayer made by the petitioner in Ext.P2 Miscellaneous application, M.A.(EKM)No.1150/2023 in the above O.A. are as follows: This Hon'ble Tribunal may be pleased to direct the respondents to terminate the services of the applicants till this Hon'ble Tribunal passes final orders in the present O.A. 5. The Tribunal after hearing both sides, has rendered the impugned Ext.P3 interim order dated 10.07.2023, dismissing the M.A.(EKM)No.1150/2023 filed in the above O.A. The impugned Ext.P3 interim order dated 10.07.2023, rendered by the Tribunal reads as follows: “The applicants are challenging Annexure-A16 order dated 30.09.2022 directing the second respondent to disengage the persons who are engaged on daily wages and in case temporary appointment is required, it shall be made through Employment Exchange. 2. The applicants stated that District Collectors are taking steps to finalise the seniority lists of Part-time employees for O.P.(KAT).No.327/2023 -: 3 :- promotion as Full-time employees to the posts of Sweeper/Kitchen Maty, etc., which are held by the applicants. Therefore, the applicants have prayed for stay of termination of their services. 3. In case there are eligible hands for appointment to the posts held by the applicants, no order can be granted to the applicants who are working on daily wages, as against the claim of regularly appointed persons who are awaiting by transfer appointment/promotion. Interim order is declined.” 6. Having heard both sides, we note that, one of the main prayers of the petitioners in prayer No.3, is only for a direction from the Tribunal to direct the respondents not to terminate the service of the applicants until permanent employees are recruited to the post, in which the applicants have been working. Of course, the petitioners have made various other main prayers in the O.A. The learned Senior Government Pleader would submit that, the vacancies in the post occupied by the petitioners are to be filled upon by regular basis by promotion and that as can be seen from Ext.P3 order District Collectors have been instructed to finalize the seniority list of part-time employees to promotion as full-time employees to the aforesaid post of Sweepers/Kitchen Maty etc., which are now held by the applicants. Accordingly, it is ordered that, the respondents may ensure that till regular appointments are O.P.(KAT).No.327/2023 -: 4 :- made in the above said post occupied by the petitioner, the petitioners may be provisionally allowed to continue in those posts. However, this observation of this Court will not in any manner prejudice the contentions available to both sides, to be raised and decided in of the main O.A. Both sides may endeavour for early completion of the pleadings and thereafter the petitioners may seek for early hearing of the main matter in the O.A. before the Tribunal, which the Tribunal may consider take note of the fact that the petitioners are working in lower level posts. No other orders and directions are called for. With these observations and directions the above Original Petition will stand disposed of. Sd/- ## **ALEXANDER THOMAS, JUDGE** Sd/- ## **C. JAYACHANDRAN, JUDGE** TR2023 ## O.P.(KAT).No.327/2023 ## -: 5 :- ## **APPENDIX OF OP(KAT) 327/2023** |PETITIONER ANNEXURES|| |---|---| |Annexure A1|THE TRUE COPY OF THE LETTER DATED 19-10-| ||2020 ISSUED BY THE OFFICE OF THE CONTROLLER| ||KERALA HOUSE DELHI TO THE 2ND APPLICANT| |Annexure A2|THE TRUE COPY OF LETTER WITH NO GHTR| ||-19/2020, DATED 20-10-2020, ISSUED BY THE| ||MANAGER RAMANILAYAM GOVERNMENT GUEST HOUSE| ||TO THE 2ND APPLICANT| |Annexure A3|THE TRUE COPY OF COMMUNICATION WITH NO| ||GHC138/2020, DATED 14/10/2020, ISSUED BY| ||THE 8TH RESPONDENT TO THE 2ND APPLICANT| |Annexure A4|THE TRUE COPY OF ORDER WITH NO E4-| ||10220/2011, DATED 15-11-2012, ISSUED BY THE| ||3RD RESPONDENT| |Annexure A5|THE TRUE COPY OF ABOVE ORDER WITH NO GO(MS)| ||NO 192/15/TOURISM, DATED 03-07-2015, ISSUED| ||BY THE 1ST RESPONDENT| |Annexure A6|THE TRUE COPY OF APPLICATION DATED| ||15/02/2016 SUBMITTED BY THE 1ST APPLICANT| ||BEFORE THE 2ND RESPONDENT| |Annexure A7|THE TRUE COPY OF COMMUNICATION WITH MESSAGE| ||ID : 23173-1435378-292, DATED 03/02/16,| ||ISSUED BY THE CHIEF MINISTER'S OFFICE TO| ||THE 3RD APPLICANT| |Annexure A8|THE TRUE COPY OF REQUEST DATED 07/02/2017| ||SUBMITTED BY THE 3RD APPLICANT BEFORE THE| ||HON'BLE TOURISM MINISTER| |Annexure A9|THE TRUE COPY OF APPLICATION DATED| ||13/10/2021 SUBMITTED BY THE 3RD APPLICANT| ||BEFORE THE HON'BLE CHIEF MINISTER| |Annexure A10|THE TRUE COPY OF COMMUNICATION WITH NO| ||TOUR- A1/233/2019, DATED 07/12/2019, ISSUED| ||BY THE 1ST RESPONDENT TO THE 2ND APPLICANT| |Annexure A11|THE TRUE COPY OF COMMUNICATION WITH NO.| ||G.H.C/162/2019, DATED 26/06/2021 ISSUED BY| ||THE 8TH RESPONDENT| |Annexure A12|THE TRUE COPY OF THE COMMUNICATION WITH NO| ||E4-15202/2016, DATED 10-06-2020, ISSUED BY| ||THE 2ND RESPONDENT| ## O.P.(KAT).No.327/2023 ## -: 6 :- |Annexure A13|THE TRUE COPY OF CIRCULAR WITH NO E4-| |---|---| ||15022/2016 (A) DATED 01-11-2020, ISSUED BY| ||THE 3RD RESPONDENT| |Annexure A14|THE TRUE COPY OF THE COMMUNICATION WITH NO| ||GHA 12/2020, DATED 13/11/2020 ISSUED BY THE| ||7TH RESPONDENT| |Annexure A15|THE TRUE COPY OF THE COMMUNICATION WITH NO| ||GHK-25/2020, DATED 18/09/2020 ISSUED BY THE| ||9TH RESPONDENT| |Annexure A16|THE TRUE COPY OF GOVERNMENT ORDER WITH NO| ||GO(ORD) NUMBER 326/2022/TSM, DATED 30-09-| ||2022 ISSUED BY THE 1ST RESPONDENT| |Annexure A17|THE TRUE COPY OF COMMUNICATION WITH NO E5-| ||19089/2022, DATED 02-12-2022 ISSUED BY THE| ||2ND RESPONDENT| |Annexure A18|THE TRUE COPY OF COMMUNICATION WITH NO E5-| ||19089/2022(1), DATED 02-12-2022 ISSUED BY| ||THE 2ND RESPONDENT| |Annexure A19|THE TRUE COPY OF COMMUNICATION WITH NO| ||GHK22/2023, DATED 03-04-2023 ISSUED BY THE| ||9TH RESPONDENT| |Annexure A20|THE TRUE COPY OF ORDER WITH NO. E4| ||-15397/2016, DATED 31-03-2023 ISSUED BY THE| ||3RD RESPONDENT| |Annexure A20A|THE RETYPED COPY OF ANNEXURE A20| |Annexure A21|THE TRUE COPY OF ORDER DATED 17/02/2023 IN| ||MA 348/2023 IN OA 1702/2021| |Exhibit P1|THE TRUE COPY OF PETITION BEING NO OA[EKM]| ||NO 655/2023 ON THE FILES OF KAT| |Exhibit P2|THE TRUE COPY OF MA[EKM] NO 1150/2023 IN| ||OA[EKM] NO 655/2023| |Exhibit P3|THE TRUE COPY OF ORDER DATED 10/07/2023, IN| ||MA[EKM] NO1150/2023 IN OA[EKM] NO 655/2023| |Exhibit P4|THE TRUE COPY OF ORDER WITH NO| ||DOT/10531/2023-E4, DATED 26-07-2023|