Anilkumar.K v. Government Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN & THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS MONDAY, THE 14TH DAY OF DECEMBER 2015/23RD AGRAHAYANA, 1937 OP(KAT).No. 9 of 2015 (Z) ---------------------------------- AGAINST THE ORDER IN O.A.No. 574/2014 OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM DATED 13-08-2014 PETITIONER:

------------------ ANILKUMAR.K, AGED 46 YEARS, S/O.KUNJUKRISHNA PILLAI, WORKING AS PEON, OFFICE OF THE SPECIAL SECRETARY (GENERAL ADMINISTRATION), SECRETARIAT, THIRUVANANTHAPURAM-695 001.

BY ADV. SRI.SAJU JOHN RESPONDENTS:

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1. GOVERNMENT OF KERALA REPRESENTED BY THE SECRETARY, PERSONAL AND ADMINISTRATIVE REFORMS DEVELOPMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

2. SECRETARY TO GOVERNMENT OF KERALA, GENERAL ADMINISTRATION (SERVICE-A)DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

BY GOVERNMENT PLEADER SMT.REKHA VASUDEVAN THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 14-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(KAT).No. 9 of 2015 (Z) ---------------------------------- APPENDIX PETITIONER'S EXHIBITS:

EXT.P1:

TRUE COPY OF THE ORDER DATED 13.08.2014 IN OA.574/14 OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM. EXT.P2:

TRUE COPY OF THE ORIGINAL APPLICATION OA.574/14 OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM DATED 9.8.2014.

EXT.P3:

TRUE COPY OF THE ORDER G.O(MS)No.208/10/GAD DATED 29.5.2010. RESPONDENTS' EXHIBITS: NIL /TRUE COPY/ P A TO JUDGE MJL

K.SURENDRA MOHAN & ALEXANDER THOMAS, JJ.

============================= O.P.(KAT)No.9 of 2015 ================= Dated this the 14th day of December, 2015

JUDGMENT

Surendra Mohan, J.

The limited relief sought for by the petitioner, when the matter is taken up today, is for reserving his right to pursue his efforts before the Government to have the Special Rules amended as requested for by him, without any impediment being caused by the dismissal of the O.A. as per Ext.P1 order. Having heard the counsel appearing for the petitioner as well as the learned Government Pleader, we are satisfied that there can be no impediment in the petitioner pursuing his efforts to persuade the Government to amend the Special Rules as sought for by him in spite of the dismissal of his O.A. by Ext.P1 order.

In view of the above, this Original Petition is disposed of reserving the right of the petitioner to pursue his efforts before the Government for having the Special Rules amended irrespective of the dismissal of the O.A. by Ext.P1 order.

Sd/- K.SURENDRA MOHAN, JUDGE Sd/- ALEXANDER THOMAS, JUDGE MJL