SHARMAD Vs. STATE OF KERALA

JUDGEMENT

(1.) CIVIL APPEAL NO. 13422 of 2024 : This appeal, by special leave, carried by the appellant [Dr. Sharmad] to this Court takes exception to the judgment and order dtd. 20/1/2017 of a Division Bench of the High Court of Kerala at Ernakulam [High Court] allowing a writ petition [OP (KAT) No.1360 of 2013] presented by the third respondent [Dr. Jyothish]. The High Court set aside the judgment and order dtd. 15/3/2013 of the Kerala Administrative Tribunal at Thiruvananthapuram [Tribunal], which dismissed the original application [OA 476 of 2013] of Dr. Jyothish filed under Sec. 19 of the Administrative Tribunals Act, 1985 in limine.

(2.) A short question arises for decision in the appeal. It is, whether the High Court was justified in interfering with the order granting promotion to Dr. Sharmad to the post of Assistant Professor, Department of Neurosurgery, Medical Education Service, Health and Family Welfare Department, Kerala [the said post] on 6/2/2013.

(3.) For the purpose of a decision on this appeal, it would be appropriate to note the respective profile of Dr. Sharmad and Dr. Jyothish. The same is indicated in a tabular form hereunder: <IMG>JUDGEMENT_50_LAWS(SC)1_2025_1.jpg</IMG>