OP(KAT) Nos. 347 and 363 of 2014, High Court of Kerala

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: V. Chitambaresh
Ashok Menon
Judgment Date: 2019-08-01
Court Decision / Holding: The common order impugned in OA Nos. 801/2014, 800/2014 and OA(EKM) No. 208/2014 is held to be challenged in a single Original Petition which the Court deems not maintainable, following the precedent in Linsaraji G. and others v. State of Kerala and others (2018) 1 KHC 164. The Original Petition is dismissed as not maintainable.
Final Disposition: Original Petition dismissed as not maintainable.

Parties to the Case

Appellants / Petitioners

Ajith Ramachandran
Ansar M.

Respondents

E. K. Hydru
Devadasan V.V.
State of Kerala represented by Secretary, Public Works Department
Chief Engineer Administration, Public Works Department
Departmental Promotion Committee for preparing the select list for promotion to the post of Executive Engineer (PWD)
S. Manomohan
State of Kerala represented by Secretary to Government, Public Works Department
Chief Engineer Design and Administration, Public Works Department
T.O. Sooraj, Secretary to Government, Public Works Department

Legal Representation & Advocates

Counsels for Petitioners

• Smt. Sumathy Dandapani (Sr.)
• Smt. K. Majeeda Hameed
• Sri Benny Gervacis

Counsels for Respondents

• Sri Elvin Peter (Sr. GP)
• Sri Antony Mukkath
• Smt. Anna Thomas
• Sri S. Ramesh
• Sri P. Nandakumar (Senior GP)
• Sri Sreeja Vijayan
• Sri M. Rahul
• Sri S. Vijayyan

Case Synopsis & Summary

The present joint original petition (OP(KAT) Nos. 347/2014 and 363/2014) challenges the common order of the Kerala Administrative Tribunal (KAT) dated 23 September 2014 in OA Nos. 800/2014, 801/2014 and OA(EKM) No. 208/2014. The petitioners, Ajith Ramachandran and Ansar M., both Assistant Executive Engineers, along with other applicants, contend that the KAT orders affecting promotion decisions to the post of Executive Engineer ought to be subject to judicial scrutiny. The respondents include senior engineers, the Public Works Department, and the State of Kerala, among others, and counsel for both sides appeared before a Division Bench of two judges. The court, having heard the matter on 01 August 2019, clarifies that the common order is impugned in a single original petition, which it finds prohibited, relying on the principle laid down in Linsaraji G. and others v. State of Kerala and others (2018) 1 KHC 164. Consequently, the Original Petition is dismissed as not maintainable. The matter is supported by appended OA及 copies, replies, rejoinders, and Tribunal orders. The decision effectively sustains the Tribunal’s prior orders and dismisses the petition for maintainability.

Submissions & Arguments

Contentions of Appellants / Petitioners

Not explicitly detailed in the provided text; the petition challenges the KAT common order, raising maintainability concerns under the Kerala Administrative Tribunal framework.

Contentions of Respondents

The respondents defend the KAT orders; explicit argument details are not provided in the excerpt.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Linsaraji G. and others v. State of Kerala and others	2018 (1) KHC 164	Positive	Cited as authority for the proposition that a single original petition challenging a KAT order is prohibited.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.CHITAMBARESH** **&** **THE HONOURABLE MR. JUSTICE ASHOK MENON** **THURSDAY, THE 01ST DAY OF AUGUST 2019 / 10TH SRAVANA, 1941** **OP(KAT).No.347 of 2014** **AGAINST THE COMMON ORDER DATED 23-09-2014 IN** **OA 801/2014 AND 208/2014 OF** **KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** **PETITIONERS/7TH & 8TH RESPONDENTS IN OA 801/2014 & 4TH RESPONDENT IN O.A.(EKMZ) NO. 208/2014:** **1 AJITH RAMACHANDRAN,AGED 44 YEARS, S/O.RAMACHANDRAN, ASSISTANT EXECUTIVE ENGINEER, LEGISLATIVE COMPLEX, SUB DIVISION, THIRUVANANTHAPURAM, KERALA- 695001, R/O.T.C.23/1281-2,SATARYA,MELARANNOOR, KARAMANA P.O.,THIRUVANANTHAPURAM-695 002.** **2 ANSAR M.,AGED 41 YEARS,S/O.MUSTAFA KUNHU, ASSISTANT EXECUTIVE ENGINEER, O/O.THE CHIEF ENGINEER, ROADS AND BRIDGES, THIRUVANANTHAPURAM – 695 033, R/O.MEHFIL, T.C.NO.10/959(9) MRA NO.135A, MANNAMALA, PEROOKADA P.O., THIRUVANANTHAPURAM – 695 005.** **BY ADVS. SMT.SUMATHY DANDAPANI (SR.) SMT.K.MAJEEDA HAMEED SRI.BENNY GERVACIS** **RESPONDENTS/APPLICANTS 1 & 2 AND RESPONDENTS 1 TO 4 IN O.A.801 & APPLICANT & RESPONDENT 1 TO 13 IN O.A.(EKM) NO. 208/2014 :** **1 E.K.HYDRU,ASSISTANT EXECUTIVE ENGINEER(P&M), ROADS & BRIDGES NORTH CIRCLE, KOZHIKODE-673001, RESIDING AT D-10 HORIZON, CHEVAYUR, KOZHIKOD, KERALA – 673 017.** **2 DEVADASAN V.V.,ASSISTANT EXECUTIVE ENGINEER, WAYANAD CHURAM ROADS DIVISION, VADAKARA-673104, RESIDING AT AISWARYA, KUNDUCHIRA ROAD, ERANHOLY P.O., THALASSERI, KANNUR, KERALA-670107.** OP(KAT) Nos. 347 & 363 of 2014 2 - **3 STATE OF KERALA REPRESENTED BY SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, KERALA-695001.** - **4 THE CHIEF ENGINEER ADMINISTRATION, P.W.D., MUSEUM (PO), THIRUVANANTHAPURAM-695001, KERALA.** - **5 THE DEPARTMENTAL PROMOTION COMMITTEE FOR PREPARING THE SELECT LIST FOR MAKING PROMOTION TO THE POST OF EXECUTIVE ENGINEER FROM THE CATEGORY OF ASSISTANT EXECUTIVE ENGINEER,REPRESENTED BY IT'S CONVENOR, SECRETARY,PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, KERALA – 695 001.** - **6 SRI.S.MANOMOHAN,ASSISTANT EXECUTIVE ENGINEER,PWD BUILDING SUB DIVISION, VIKAS BHAVAN (PO), THIRUVANANTHAPURAM, KERALA-695033.** - **7 BEENA L.,ASSISTANT EXECUTIVE ENGINEER, KSTP CHIEF ENGINEER'S OFFICE, KESTON ROAD, KOWDIYAR, THIRUVANANTHAPURAM,KERALA-695 003.** **BY ADVS. SHRI ELVIN PETER SR.GP. SRI.ANTONY MUKKATH SMT.ANNA THOMAS SRI.S.RAMESH** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 01.08.2019, ALONG WITH OP(KAT). 363/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** OP(KAT) Nos. 347 & 363 of 2014 3 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.CHITAMBARESH** **&** **THE HONOURABLE MR. JUSTICE ASHOK MENON** **THURSDAY, THE 01ST DAY OF AUGUST 2019/10TH SRAVANA, 1941 OP(KAT).No.363 of 2014** **AGAINST THE ORDER DATED 23.09.2014 IN OA 800/2014 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONERS/5TH & 6TH RESPONDENTS IN THE O.A.:** **1 AJITH RAMACHANDRAN,AGED 44 YEARS, S/O.RAMACHANDRAN,ASSISTANT EXECUTIVE ENGINEER, LEGISLATIVE COMPLEX, SUB DIVISION, THIRUVANANTHAPURAM, KERALA-695001, R/O.T.C.23/1281-2, SATARYA,MELARANNOOR,KARAMANA P.O., THIRUVANANTHAPURAM – 695 002.** **2 ANSAR M.,AGED 41 YEARS, S/O.MUSTAFA KUNHU, ASSISTANT EXECUTIVE ENGINEER,O/O.THE CHIEF ENGINEER, ROADS AND BRIDGES, THIRUVANANTHAPURAM695033, R/O. MEHFIL, T.C.NO.10/959(9) MRA NO.135A, MANNAMALA, PEROORKADA P.O., THIRUVANANTHAPURAM-695005.** **BY ADVS. SMT.SUMATHY DANDAPANI (SR.) SRI.BENNY GERVACIS SRI. MAJEEDA HAMID** **RESPONDENT/APPLICANTS AND RESPONDENTS 1 TO 4 IN THE O.A.:** **1 N.CHANDRA BABU,AGED 55 YEARS** OP(KAT) Nos. 347 & 363 of 2014 4 **S/O.NARAYANAN ACHARI, ASST.EXECUTIVE ENGINEER, PWD, NH SUB DIVISION, PUNALUR, KOLLAM DISTRICT, PIN 691331, RESIDING AT KANJIRAMVILA HOUSE, MULLUVILA, VADAKKEVILA P.O., KOLLAM, KERALA-691010.** - **2 S.BAIJU,AGED 55 YEARS, S/O.P.K.SARANGADHARAN, ASST.EXECUTIVE ENGINEER, PWD BUILDINGS SUB DIVISION, ALAPPUZHA, PIN 688001, RESIDING AT THAYYIL HOUSE, VALIAMARAM WARD, ALAPPUZHA, KERALA-688011.** - **3 E.GOPI,AGED 55 YEARS, S/O.P.KRISHNAN NAIR, ASST.EXECUTIVE ENGINEER, PWD ROADS, SUB DIVISION, PALAKKAD, PIN 678001,N RESIDING AT ELAYADATHU HOUSE, NANDIKULAM P.O., THRISSUR, KERALA-680312.** - **4 J.BABY JOHNS,AGED 53 YEARS, S/O.C.JONSON, ASST.EXECUTIVE ENGINEER, PWD CITY ROADS, SUB DIVISION, PMG, THIRUVANANTHAPURAM-695033, RESIDING AT SNEHASADANAM, THARA 190A, THARAPADAM LANE, KUNNUKUZHY, THIRUVANANTHAPURAM, KERALA-695035.** - **5 B.SASIKUMAR,AGED 53 YEARS, S/O.BHANU, ASST.EXECUTIVE ENGINEER, PWD BUILDINGS, SUB DIVISION, ATTINGAL, THIRUVANANTHAPURAM, PIN 695101, RESIDING AT DARSHANA, TC 9/830/6, KALLAMPALLY, SREEKARYAM P.O., THIRUVANANTHAPURAM, KERALA-695017.** - **6 ASHOKAN VANNARAKKAL,AGED 52 YEARS, S/O.GOPALAN,ASST.EXECUTIVE ENGINEER, PWD ROADS,SUB DIVISION,KANHANGAD, PIN 671315, KASARAGOD, RESIDING AT PRAYAG, NEAR SUBHASH HOUSING COLONY, CIVIL STATION P.O.,KANNUR,KERALA-670002.** - **7 STATE OF KERALA REPRESENTED BY** OP(KAT) Nos. 347 & 363 of 2014 5 **SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA-695001.** **8 THE CHIEF ENGINEER DESIGN AND ADMINISTRATION,PUBLIC WORK DEPARTMENT, PUBLIC OFFICE BUILDING, MUSEUM P.O., THIRUVANANTHAPURAM, KERALA-695033.** - **9 S.MANOMOHAN,ASST.EXECUTIVE ENGINEER, BUILDINGS SUB DIVISION, PMG, THIRUVANANTHAPURAM, KERALA-695033.** - **10 T.O.SOORAJ,SECRETARY TO GOVERNMENT, PUBLIC WORK DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA-695001.** **BY ADVS. SRI.P.NANDAKUMAR SENIOR GP SRI.ANTONY MUKKATH SRI.S.RAMESH SMT.SREEJA VIJAYAN SRI.M.RAHUL SRI.S.VIJAYAN** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 01.08.2019, ALONG WITH OP(KAT). 347/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** OP(KAT) Nos. 347 & 363 of 2014 6 ## **JUDGMENT** ## **Chitambaresh, J.** The common order in O.A. Nos. 801/2014, 800/2014 and 208/2014 is impugned in a single original petition which is prohibited as held in **Linsaraji G. and others v. State of Kerala and others** [2018 (1) KHC 164]. The Original Petition is hence dismissed as not maintainable. **V. CHITAMBARESH JUDGE** **ASHOK MENON JUDGE** ncd OP(KAT) Nos. 347 & 363 of 2014 7 ## **APPENDIX OF OP(KAT) 347/2014** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 EXHIBIT-P1: TRUE COPY OF THE OA ALONG WITH ITS ANNEXURES.** - **EXHIBIT P2 EXHIBIT-P2: TRUE COPY OF THE REPLY STATEMENT FILED BY THE 3RD RESPONDENT IN OA NO.800/2014 ADOPTED IN OA NO.801/2013 ALONG WITH APPLICATION TO VACATE THE INTERIM ORDER.** - **EXHIBIT P3 EXHIBIT-P3: TRUE COPY OF THE REPLY STATEMENT FILED BY THE STATE OF KERALA.** - **EXHIBIT P4 EXHIBIT-P4: TRUE COPY OF THE APPLICATION FOR IMPLEADING PREFERRED BY THE PETITIONERS.** - **EXHIBIT P5 EXHIBIT-P4(A): TRUE COPY OF THE REPLY STATEMENT PREFERRED BY THE PETITIONERS.** - **EXHIBIT P6 EXHIBIG-P5: TRUE COPY OF THE REJOINDER PREFERRED BY THE RESPONDENTS 1 & 2.** - **EXHIBIT P7 EXHIBIT-P6: TRUE COPY OF THE ADDITIONAL REPLY STATEMENT FILED BY THE 3RD RESPONDENT ON 14.05.2014.** - **EXHIBIT P8 EXHIBIT-P7: TRUE COPY OF THE ADDITIONAL REJOINDER FILED BY THE RESPONDENTS NOS.1&2.** - **EXHIBIT P9 EXHIBIT-P8: TRUE COPY OF THE ORDER OF THE HON'BLE TRIBUNAL DATED 12TH AUGUST, 2014.** **EXHIBIT P10 EXHIBIT-P9: TRUE COPY OF THE JUDGMENT DATED 1ST SEPTEMBER, 2014 IN OP(KAT)** OP(KAT) Nos. 347 & 363 of 2014 8 **NO.290 OF 2014.** **EXHIBIT P11 EXHIBIT-P10: TRUE COPY OF THE OA (EKM) NO.208 OF 2014 ALONG WITH ITS ANNEXURES.** **EXHIBIT P12 EXHIBIT-P11: TRUE COPY OF THE ORDER DATED 23.9.2014 IN OAS NO.800/2014, 801/2014 & OA(EKM) 208/2014.** OP(KAT) Nos. 347 & 363 of 2014 9 ## **APPENDIX OF OP(KAT) 363/2014** ## **PETITIONER'S/S EXHIBITS:** - **EXHIBIT P1 EXHIBIT-P1: TRUE COPY OF THE OA ALONG WITH ITS ANNEXURES.** - **EXHIBIT P2 EXHIBIT-P2: TRUE COPY OF THE REPLY STATEMENT FILED BY THE 3RD RESPONDENT IN OA NO.800 OF 2014.** **EXHIBIT P3** **EXHIBIT-P3: TRUE COPY OF THE REPLY STATEMENT FILED BY THE STATE OF KERALA.** **EXHIBIT P4 EXHIBIT-P4: TRUE COPY OF THE REJOINDER FILED BY THE APPLICANTS.** **EXHIBIT P5 EXHIBIT-P5: TRUE COPY OF THE REJOINDER FILED BY THE APPLICANTS.** **EXHIBIT P6 EXHIBIT-P6: TRUE COPY OF THE ADDITIONAL REJOINDER FILED BY THE APPLICANTS.** **EXHIBIT P7** **EXHIBIT-P7: TRUE COPY OF THE ORDER DATED 23.9.2014 IN O.A.NO.800/2014, O.A.NO.801/2014 & O.A.(EKM) NO.208/2014.**