BABY AISHA.V. Vs. SUKANYA S.

JUDGEMENT

(1.) The 4th respondent in O.A.No.94 of 2024 on the file of the Kerala Administrative Tribunal at Thiruvananthapuram has filed this original petition invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, challenging Ext.P1 order dtd. 27/8/2025 of the Tribunal in that original application, which was one filed by the 1st respondent herein- applicant invoking the provisions under Sec. 19 of the Administrative Tribunals Act, 1985, seeking an order to set aside Annexure A3 appointment chart dtd. 30/6/2023 for the post of Assistant Public Prosecutor Grade II in the Kerala State Prosecution Service, issued by the 3rd respondent Kerala Public Service Commission (KPSC), and the consequential advice and appointment of the 4th respondent to that post; a declaration that the action of the 1st respondent State and the 2nd respondent Director General of Prosecution in reporting a substantive vacancy on the basis of Leave Preparatory to Retirement (LPR) taken by the incumbent for a short period of 22 days is illegal; a declaration that the advice and appointment of the 4th respondent against the retirement vacancy that arose on 1/6/2023 subsequent to the expiry of Annexure A2 ranked list published with effect from 14/5/2020 is illegal; and an order directing the 3 rd respondent KPSC to advice the applicant to the post of Assistant Public Prosecutor Gr.II against the turn of Hindu Nadar Community. The applicant in O.A.No.94 of 2024 is arrayed as the 1st respondent and respondents 1 to 3 in that O.A. are arrayed as respondents 2 to 4 in this O.P.(KAT).

(2.) Along with O.A.No.94 of 2024, the applicant has placed on record Annexures A1 to A10 documents. On behalf of the 2 nd respondent Director General of Prosecution, Ext.P5 reply statement dtd. 2/8/2024 was filed, opposing the reliefs sought for in the O.A., producing therewith Annexure R2(a) document dtd. 11/5/2023. On behalf of the 3rd respondent KPSC, Ext.P6 reply statement dtd. 20/5/2024 was filed. The petitioner herein (4th respondent in the O.A.) filed Ext.P7 reply statement dtd. 13/9/2024, opposing the reliefs sought for in the O.A., producing therewith Annexures R4(a) and R4(b) documents. The 1 st respondent herein (applicant in the O.A.) filed Ext.P8 rejoinder dtd. 6/11/2024, producing therewith Annexures A11 to A15 documents. The said rejoinder was followed by Ext.P9 additional reply statement dtd. 23/12/2024 filed on behalf of the 2nd respondent.

(3.) After considering the pleadings and materials on record and also the submissions made at the Bar, the Tribunal, by Ext.P1 order dtd. 27/8/2025, allowed O.A.No.94 of 2024. Paragraphs 22 to 24 and also the last paragraph of Ext.P1 order read thus;