Vrinda S. v. State of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** **THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON** **&** **THE HONOURABLE MRS. JUSTICE SHIRCY V.** ## **TUESDAY, THE 28TH DAY OF NOVEMBER 2017 / 7TH AGRAHAYANA, 1939** ## **OP(KAT).No. 409 of 2017** ## **AGAINST THE ORDER IN OA (EKM) 2068/2017 of KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM (ERNAKULAM BENCH) DATED 20-10-2017** ## **PETITIONER/PETITIONER IN OA** **VRINDA .S. AGED 46, W/O T.N. JAYASANKAR, JUNIOR RESEARCH OFFICER, REGIONAL ANALYTICAL LABORATORY, KAKANADU, ERNAKULAM, RESIDING AT VRINDAVAN, 10/630-F, KRA LANE 6, H.NO.5, INFO PARK ROAD, KAKANADU, ERNAKULAM.** **BY ADVS.SRI.ELVIN PETER P.J. SRI.T.G.SUNIL (PRANAVAM) SRI.K.R.GANESH** ## **RESPONDENTS/RESPONDENTS IN OA:** **1. STATE OF KERALA REPRESENTED BY ADDL.CHIEF SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, KERALA-695 001.** ## **2. THE COMMISSIONER OF FOOD SAFETY KERALA, THIRUVANANTHAPURAM -695 014.** ## **3. THE GOVERNMENT ANALYST THE REGIONAL ANALYTICAL LABORATORY, KAKANAD, ERNAKULAM-31** ## **R BY SR. GOVERNMENT PLEADER SRI P.N. SANTHOSH** **THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 28-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **OP(KAT).No. 409 of 2017 (Z)** ## **APPENDIX** ## **PETITIONER'S EXHIBITS** **EXHIBIT P1: TRUE COPY OF THE OA (EKM) NO. 2068/2017 OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM.** **EXHIBIT P2 : TRUE COPY OF ORDER DATED 20.10.2017 IN OA (EKM) NO 2068/2017 OF THE KERALA ADMINISTRATION TRIBUNAL, THIRUVANANTHAPURAM.** ## **RESPONDENTS EXTS NIL** ## **KS.** ## **TRUE COPY** **P.S. TO JUDGE** ## **P. R. RAMACHANDRA MENON & SHIRCY V.,JJ.** ## **============================== O.P.(KAT)No. 409 of 2017** ## **==============================** ## **Dated this the 28[th] day of November, 2017** ## **JUDGMENT** ## **P.R. Ramachandra Menon, J.** This Original petition has been filed against Ext.P2 interim order dated 20.10.2017 in O.A.(Ekm)No. 20688/2017. The grievance of the petitioner is that the prayer made by the petitioner, in the light of the grounds urged, was not properly appreciated in giving appropriate relief, which hence, is sought to be interdicted by the Tribunal. 2. The petitioner is working as Junior Research Officer in the Regional Analytical Laboratory. The petitioner is stated as entitled and eligible to be promoted to the next post in the hierarchy, i.e. Research Officer, for which Annexure A-3 select list was prepared in respect of the OPKAT 409/2017 2 vacancies of the year 2016 and the same was published on 19.01.2017. The petitioner is placed as Serial No.5. It is stated that the persons listed as Serial Nos. 1 to 4 have already been promoted and the next turn is that of the petitioner. The grievance of the petitioner was that, by virtue of the relevant Rules, particularly Rule 28(a)(i) of the Kerala State & Subordinate Service rules, the select list for the previous year ought to have been published before 2015. In the instant case, since it was in respect of the vacancies of the year 2016, it should have been published before the end of December 2015. By virtue of the delayed proceedings, much hardships have been resulted to the petitioner and it was in the said circumstances that intervention of the Tribunal was sought for by filing the O.A. with the following prayers: i) Direct the 1[st] respondent to promote the applicant to the post of Research Officer immediately. ii) Issue such other order or direction, which this Hon'ble Tribunal may deem fit and proper to grant in the circumstances of the case. OPKAT 409/2017 3 Iii) Award cost of the proceedings.” 3. The 'main prayer' is to direct the 1st respondent to promote the applicant to the post of Research Officer immediately; which is raised also as the interim relief. The Tribunal, after hearing both the sides on 20.10.2017 recorded the submissions made on behalf of the Government that, by virtue of the placement of the petitioner at serial No.5 in Annexure-A3 list and further since only four vacancies were available during the year 2016, steps for convening the DPC(Higher) for the year 2017 have already been undertaken and further that the name of the applicant will be included as Serial No.1 in the field of choice and placed before the DPC(Higher). The position was recorded as above and Ext.P2 order was passed, holding that it will be for the DPC to consider the matter and as such, no direction could be given to promote the applicant to the post in question at the said stage, as the select list for 2017 was published. It was accordingly, OPKAT 409/2017 4 that the request for provisional promotion was declined, posting the case after two weeks, to get instructions as to the date on which the DPC could be convened. The petitioner is before this Court being aggrieved by the course pursued by the Tribunal in not granting the 'interim relief' to promote the petitioner. 4. It is settled law that no main relief can be granted by way of interim relief. We find support from the ruling of the Supreme Court in **Bank of Maharashtra v. Race Shipping & Transport Co. Pvt. Limited and another [ JT 1995 (3)SC 175].** 5. The learned Government Pleader submits, on instructions, as communicated vide letter No-e543/E2/2017/H&FWD dated 14.11.2017 addressed to the Advocate General by the Additional Chief Secretary to Government, that the DPC (Higher) has already been convened and the meeting is scheduled to be held today. 6. In the above circumstances, this Court finds that no OPKAT 409/2017 5 interference is warranted in this Original petition, but for observing that the proceedings of the DPC might be finalised at the earliest, taking the proceedings to logical conclusion in accordance with law. This shall be done at the earliest, at any rate within four weeks, as suggested by the learned Government Pleader. Original Petition is disposed of. **Sd/P. R. RAMACHANDRA MENON JUDGE** **Sd/-** **SHIRCY V.** **JUDGE** **ks.** True copy P.S. To Judge OPKAT 409/2017 6 OPKAT 409/2017 7