**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT:**
**THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR**
**&**
**THE HONOURABLE MR. JUSTICE A.M.BABU**
**FRIDAY, THE 6TH DAY OF JULY 2018 / 15TH ASHADHA, 1940**
**OP(KAT).No. 246 of 2018**
**AGAINST THE ORDER DATED 02-04-2018 O.A (EKM) 2407/2017 AND M.A (EKM) NO.1132/2018 IN UNNUMBERED R.P of KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM**
## **PETITIONER/PETITIONER IN O.A:**
**PRAMOD R., AGED 39 YEARS, S/O.K.RAMAN PILLAI, CHIEF INSPECTOR OF PLANTATIONS, AZAD LANE, NEAR BHARATH HOSPITAL, KOTTAYAM-1, RESIDING AT:QUARTER NO.7, GOVERNMENT GAZETTED OFFICERS QUARTERS, JAWAHAR NAGAR, KOWDIAR (P.O.), THIRUVANANTHAPURAM-695 003.**
**BY ADVS.SRI.ELVIN PETER P.J. SRI.K.R.GANESH**
## **RESPONDENTS/RESPONDENTS IN O.A.:**
**1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.**
**2. THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM-695 001.**
**3. THE ASSISTANT ENGINEER, PWD BUILDINGS, VELLAYAMBALAM SECTION, THIRUVANANTHAPURAM-695 033.**
**4. SMT.SABNA SAINUDDIN, ADDITIONAL PRIVATE SECRETARY TO THE HON'BLE SPEAKER, LEGISLATURE SECRETARIAT, THIRUVANANTHAPURAM-695 001.**
**BY GOVERNMENT PLEADER SRI. ANTONY MUKKATH**
**THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 06-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**MSP**
**OP(KAT).No. 246 of 2018 (Z)**
## **APPENDIX**
## **PETITIONER(S)' EXHIBITS:**
**EXT.P1 TRUE COPY OF THE O.A.(EKM) NO.2407/2017 OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM. EXT.P2 TRUE COPY OF ORDER DTD.2.4.2018 IN O.A.(EKM) 2407/2017 OF THE KAT. EXT.P3 TRUE COPY OF R.A.(EKM) IN THE FILE OF KERALA ADMINISTRATIVE TRIBUNAL (UN NUMBERED). EXT.P4: TRUE COPY OF M.A.(EKM) NO.1132/2018 IN R.A.O./2018 IN THE FILE OF KAT. EXT.P5 TRUE COPY OF ORDER DTD.7.6.2018 IN M.A.(EKM)NO.1132/2018 OF THE KAT.**
## **RESPONDENTS EXHIBITS:**
## **NIL**
**//TRUE COPY//**
**P.A. TO JUDGE**
## **MSP**
## C.T. RAVIKUMAR
&
## A.M. BABU, JJ
===========================
O.P.(KAT) No. 246 of 2018 =========================== Dated this the 6[th] day of July, 2018
## JUDGMENT
## C.T.Ravikumar, J.
The unsuccessful applicant in O.A (Ekm) No.2407/2017 on the files of the Kerala Administrative Tribunal, Thiruvananthapuram filed the captioned Original Petition on being agreed by the order dated, 2.04.2018 passed in
the said original application as also by the order in 7.06.2018 in M.A.(Ekm) No.1132/2018 in an unnumbered Review Application.
2. The relevant facts, in succinct, read thus:-
The petitioner is a Chief Inspector of Plantation in the Labour Department. He was allotted Gazetted Officers Quarters at Jawahar Nagar, Kowdiar, Trivandrum. While so, as per Annexure A-9 order, the
## **O.P.(KAT) No. 246 of 2018**
2
allotment was cancelled and it was allotted to the 4[th] respondent. It is in the said circumstances, he filed the aforementioned Original Application. In the context of the contention, it is relevant to refer to the reliefs sought for the petitioner in the said application. They read thus:-
a) To issue a direction calling for the records leading to Annexure A-8 and A-9 and set aside the same;
b) To issue a direction to the respondents 1 to 3 to allow the applicant to continue to occupy Quarter No.7, Government Gazetted Officers Quarters, Jawahar Nagar, Kowdiar, Trivandrum, till the completion of the academic year i.e. 31[st] March, 2018;
c) To declare that the applicant is entitled to continue to occupy Quarter No.7, Government Gazetted Officers Quarters, Jawahar Nagar, Kowdiar, Trivandrum, till the completion of the academic year on 31.3.2018.
3. The Tribunal had passed an interim order (RA-1) earlier. When the matter came up for final hearing the Tribunal had closed the Original Application taking note of
**O.P.(KAT) No. 246 of 2018**
3
the fact that the main prayer in the Original Application was for permission to continue to occupy his alloted quarters till the completion of the academic year viz., 31.03.2018. Evidently, the petitioner sought such a prayer as his children were studying in Kendriya Vidhyalaya, Pattom in Thiruvananthapuram. Taking note of the fact that, by the time the matter was taken for the consideration for final hearing the time till continued occupation of the quarters sought for viz., 31.3.2018 had already over. Recording the said fact, the Original Application was post. Later, the petitioner sought to file a Review Petition. Since, there was a delay in filing the Review Application, the petitioner filed M.A.(Ekm) No.1132/2018 and seeking condonation of delay of 27 days in filing the Review Application. The said application was dismissed as per Ext.P5 order. Evidently the Tribunal held that, an Administrative Tribunal got no jurisdiction to entertain an application seeking condonation of delay. There can be no dispute with respect to said position in the light of the Judgment of the Hon'ble Apex
## **O.P.(KAT) No. 246 of 2018**
4
Court in Civil Appeal No. 6213/2008 in Union of India & Others v. Chakraborty. As noticed herein before it is on being aggrieved by the closing of the Original Application as per Ext.P2 and dismissed of M.A.(Ekm) No.1132/2018 in an unnumbered Review Application (Ext.P5) that the original application has been filed.
4. We have heard the learned counsel for the petitioner and also the learned Government Pleader.
5. We have already adverted to the reliefs sought by the petitioner in the Original Application. Obviously, the main prayer sought for was for permission to continue to occupy quarter No.7 in Government Gazetted officers quarters, at Jawahar Nagar, Kowdiar, Thiruvananthapuram till the completion of academic year i.e. 31.03.2018. Admittedly, the petitioner was permitted to continue to occupy the said quarters till 31.3.2018 as per an interim order and it is only thereafter that the said Original Application came up before the Tribunal for further consideration. As can be seen from Ext.P2, the Tribunal
**O.P.(KAT) No. 246 of 2018**
5
took note of the fact that the period up to which the petitioner sought for permission to continue to occupy the quarters in question, had expired by then and thereupon the said fact was recorded and the Original Application was closed. In such circumstances, we do not fixed any illegality or irregularity in the final order passed in the Original Application. As regards the challenge against Ext.P5, it is be noted that the order was passed by the Tribunal, in an application filed seeking condonation of delay of 27 days in filing the Review Application. Even the petitioner did not dispute the fact that, the Tribunal got no jurisdiction to condone the delay in the light of the decision of the Hon'ble Apex Court in Union of India & Others v. Chakraborty, referred (supra). In the light of the said decision, the Tribunal got no jurisdiction at all to condone delay in filing Review Application. Therefore, the said order also cannot be said to be illegal. The grievance of the petitioner is that, he sought to file a Review Application in the light of certain developments subsequent
**O.P.(KAT) No. 246 of 2018**
6
to judgment Ext.P2 order. According to the petitioner the said development, which we will advert hereafter, had occurred subsequent to the disposal of O.A.(Ekm) No.2407/2017 as per Ext. P2 order.
6. We will now advert to the subsequent development eventhough that by itself cannot be a reason to assail the aforesaid orders. The petitioner herein who was working as Chief Inspector of Plantation, Thiruvananthapuram actually on deputation and it was during his deputation period that the petitioner was allotted the quarters in question. On expiry of the period of deputation, he was repatriated to his parent department. His Head quarters in his parent department is admittedly at Kottayam. The contention of the petitioner is that he was put in full additional charge of the Chief Welfare Fund Commissioner in Kerala Labour Welfare Fund Board as per Ext.P3 order dated, 8.01.2018. The contention is that to discharge the function attached to the charge of the Chief Welfare Fund Commissioner. He will have to visit
**O.P.(KAT) No. 246 of 2018**
7
Thiruvananthapuram regularly.
7. As can be seen from Ext.P3, the said order was passed on 8.01.2018, and at that point of time O.A.(Ekm) No. 2407/2017 was pending and the same was closed only as per Ext.P2 order dated 2.04.2018. If the petitioner got a case that the said aspect got some relevance, he ought to have got the Original Application amended and sought for appropriate relief. However, the fact is that the petitioner has not amended the Original Application and as sought for appropriate relief. It is not a case where the petitioner was subsequently transferred or deputed to Thiruvananthapuram. What has been done as per Ext.P3 order Annexure RA2 order is that he was given full additional charge of Chief Welfare Fund Commissioner. The contention of the petitioner is that the said additional charge was given to him until further orders. But it would make no difference as going by the nature of Ext.P3 (Annexure RA2 order), it is nothing but a charge arrangement. Therefore, even after Ext.P3, the petitioner
## **O.P.(KAT) No. 246 of 2018**
8
remains as Chief Inspector of Plantation officer with his Head Quarters at Kottayam. Merely because the petitioner was put in additional charge of Chief Welfare Fund Commissioner the petitioner cannot be heard to contend that the aforesaid orders passed by the Tribunal are liable to be interfered with.
In the circumstances, we do not find any reason to interfere with the orders passed by the Tribunal. In the result this Original Petition is dismissed.
**Sd/-**
**C.T. RAVIKUMAR JUDGE**
**Sd/A.M. BABU JUDGE**
ACM
9
## **O.P.(KAT) No. 246 of 2018**
