Lsgd Graduate Engineers Association v. N.Sulfikkar

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR.JUSTICE K.HARILAL TUESDAY, THE 31ST DAY OF MARCH 2015/10TH CHAITHRA, 1937 ---------------------------- AGAINST THE ORDER IN TA 228/2014 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM DATED 28.10.2014 .....

PETITIONER(S)/REVIEW APPLICANTS IN T.A:

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1. LSGD GRADUATE ENGINEERS ASSOCIATION (REG NO 301/2013), REPRESENTED BY ITS GENERAL SECRETARY D.RAJESH,AGED 45 YEARS,S/O.DHARMAPALAN, PUBLIC OFFICE COMPOUND, EAST SIDE, BESIDE SBT ATM, MUSEUM, NANDAVANAM ROAD, THIRUVANANTHAPURAM-695033, RESIDING AT ANJANAM, TC 79/883(1)BEECH P.O., KARIKKAKAM, THIRUVANANTHAPURAM-695007.

2. BABU T., AGED 38 YEARS, S/O.BABULAL, ASSISTANT ENGINEER, CORPORATION OF COCHIN, ZONAL OFFICE, EDAPPALLY, KOCHI-682024.

R/A.THEKOOTTU HOUSE, CHALAKUDY WEST P.O., THRISSUR-680307.

3. T.K. HARIDASAN, AGED 46 YEARS, S/O.K.K KRISHNAN, ASSISTANT ENGINEER, LSGD SUB DIVISION, EDAPPALLY BLOCK PANCHAYAT, ROB BUILDING, THAMMANAM, KOCHI-682032 R/A.HARISREE PARAKKAT, KUMBALAM, KOCHI-682506.

4. SHINE H. PALLATH, AGED 47 YEARS, S/O.P.A. HAMEED, ASSISTANT ENGINEER, CORPORATION OF COCHIN, ZONAL OFFICE, EDAPPALLY, KOCHI-682024, R/A.PALLATH HOUSE, CONVENT ROAD IST THOTTAKKATTUKARA P.O, ALUVA 683108.

5. SREEKALA M. CHANDRAN, AGED 44 YEARS, W/O.SYLESH, ASSISTANT ENGINEER, LSGD SECTION, KARIMANNOOR, THODUPUZHA 685581, R/A.MANJUSHA, KARIMANOOR, THODUPUZHA 685581.

BY ADVS.SRI.P.NANDAKUMAR SRI.M.RAHUL RESPONDENT(S)/APPLICANTS & RESPONDENTS 1 TO 13 IN T.A: ---------------------------------------------------- 1.

N.SULFIKKAR, ASSISTANT ENGINEER, LSGD SECTION, KOTTAKKAL, MALAPPURAM DISTRICT.

(....2)

(2) 2.

P.J. THANKACHAN, ASSISTANT ENGINEER, LSGD SECTION, VENGOLA, PERUMBAVOOR, ERNAKULAM DISTRICT.

3.

STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 4.

THE CHIEF ENGINEER, OFFICE OF THE CHIEF ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM-695033.

5.

P.P. RAMESAN, ASSISTANT ENGINEER, LSGD SECTION, KALYASSERY GRAMA PANCHAYAT, KALYASSERY, KANNUR-670562. 6.

PRASAD D., ASSISTANT ENGINEER, VALLIKKUNNAM GRAMA PANCHAYATH, VALLIKKUNNAM, ALAPPUZHA-690501.

7.

C. M. JANCY, ASSISTANT ENGINEER, MATTANNUR MUNICIPALITY, MATTANNUR, KANNUR-670702.

8.

SHIBU L.NALPAT, NALAPAT HOUSE, CHANGAMPUZHA NAGAR P.O., KOCHI-33, PRESENTLY WORKING AS ASSISTANT ENGINEER AT MUNICIPAL CORPORATION OF KOCHI, ERNAKULAM-682011. 9.

SUMA P. SURENDRAN, R/A.49/997-82, GAYATHRI, AC EMERALD, PONEKKARA, EDAPPALLY, KOCHI-682024, PRESENTLY WORKING AS ASSISTANT ENGINEER AT MUNICIPAL CORPORATION, THRISSUR-680001.

10.

NISSAR A., MALAYIL KIZHAKETHU, PUTHIYAVILA, KAYAMKUKLAM-690502, PRESENTLY WORKING AS ASSISTANT ENGINEER, ALUVA MUNICIPALITY, ALUVA-683101.

11.

SHEEJA S.S.

ROSE COTTAGE, M-14, CHITRA NAGAR, VATTIYOORKAVU, THIRUVANANTHAPURAM-695013.

PRESENTLY WORKING AS ASSISTANT ENGINEER, CHALAKKUDY MUNICIPALITY-680307.

12.

K.T. MANJUBALA, D/O. A.K.THEVAN KOYIPARAMBATH, PERUMBALAM P.O., CHERTHALA-688570, PRESENTLY WORKING AS ASSISTANT ENGINEER, MUNICIPAL CORPORATION OF KOCHI, ERNAKULAM-682011. 13.

K.G. SAHUJI, A/8, CHAITHANYA, JAI NAGAR, MEDICAL COLLEGE P O, THIRUVANANTHAPURAM-695010, PRESENTLY WORKING AS DEPUTATION AS TECHNICAL OFFICER, ENVIRONMENT,KERALA SUSTAINABLE URBAN DEVELOPMENT PROJECT, TRANS TOWERS, 5TH FLOOR, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014.

(....3)

(3) 14.

G.RADHAKRISHNAN NAIR, ANUPAMA TC 19/2115, MUDAVANMUGAL, POOJAPPURA, THIRUVANANTHAPURAM-695012.

15.

RENJI, ASSISTANT ENGINEER, LOCAL SELF GOVERNMENT SECTION, RANNI, PAZHAVANGADI SECTION, PATHANAMTHITTA-689662. R1-R2 BY ADV. SRI.ELVIN PETER P.J.

BY SR. GOVT. PLEADER SRI. S. JAMAL THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 31-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

---------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------ P1:

TRUE COPY OF THE ORDER DT.15.9.13 ISSUED BY THE CHIEF ENGINEER P2:

TRUE COPY OF THE ORDER DT.13.12.07 ISSUED BY THE GOVERNMENT. P3:

TRUE COPY OF THE ORDER DT.18.6.08 ISSUED BY THE CHIEF ENGINEER. P4:

TRUE COPY OF THE SPECIAL RULES FOR THE KERALA LOCAL SELF GOVERNMENT ENGINEERING SERVICE PUBLISHED IN THE GAZETTE DT.27.11.07 P5:

TRUE COPY OF THE AMENDMENT TO THE RULES ISSUED AS PER G.O. DT.16.7.09 P6:

TRUE COPY OF THE ORDER DT.29.7.09 ISSUED BY THE CHIEF ENGINEER. P6(A): TRUE COPY OF THE PROVISIONAL SENIORITY LIST OF ASSISTANT ENGINEERS ENTERED IN THE CADRE BY DIRECT RECRUITMENT ISSUED AS PER EXT.P6. P6(B): TRUE COPY OF THE PROVISIONAL SENIORITY LIST OF ASSISTANT ENGINEERS ENTERED IN THE CADRE UNDER DIPLOMA QUOTA.

P6(C): TRUE COPY OF THE PROVISIONAL SENIORITY LIST OF ASSISTANT ENGINEERS ENTERED IN THE CADRE UNDER CERTIFIED QUOTA.

P7:

TRUE COPY OF THE ORDER DT.26.6.09 ALONG WITH RELEVANT EXTRACT OF THE SENIORITY LIST ISSUED BY THE CHIEF ENGINEER.

P8:

TRUE COPY OF THE ORDER DT.31.7.09 ALONG WITH RELEVANT EXTRACT OF THE SENIORITY LIST ISSUED BY THE CHIEF ENGINEER.

RESPONDENT(S)' EXHIBITS: NIL ----------------------- OKB //TRUE COPY// P.A. TO JUDGE

THOTTATHIL B. RADHAKRISHNAN & K. HARILAL, JJ. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ O.P.(KAT) No.111 of 2015 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Dated this the 31st day of March, 2015.

JUDGMENT

Thottathil B. Radhakrishnan, J.

It is pointed out that O.P.(KAT) No.69 of 2015 against the same order has been dismissed on 13.3.2015. Following that judgment, this original petition is also dismissed. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE Sd/- K. HARILAL, JUDGE okb.