VINEETH KANNAN V. S. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is a State Tax Officer in the Kerala State Goods and Services Tax Department. He had filed O.A. No.2010/2023 challenging the seniority lists prepared by the 2nd respondent. Another O.A. was filed by similarly situated persons as O.A. No.653/2022 which, according to the petitioner, was initially allowed as per Annexure A19 order. However, subsequently, in review application No.17/2023, the aforenoted order was reviewed and recalled. In the meantime, the Tribunal had, by an order dtd. 5/3/2025, directed that all promotions should be subject to the result of the original application in O.A. No.653/2022 and connected matters. According to the petitioner, despite the aforesaid order, respondents are proposing to promote persons contrary to law and therefore the jurisdiction under Article 227 of the Constitution of India should be exercised interdicting further promotions proposed to be carried out.

(2.) Having heard Sri.Sabu S, the learned counsel for the petitioner as well as Sri.Sreejith V.S., the learned Government Pleader, we are of the view that the petitioner has been protected sufficiently by virtue of the interim order dtd. 5/3/2025 and no further directions are necessary.

(3.) Interdicting further promotions in exercise of the power under Article 227 of the Constitution of India may not be proper as that may create impediments in the administration of the GST Department. However, if ultimately the original application is allowed in favour of the petitioner, certainly, he will be entitled to appropriate relief as the promotions have already been made, by the impugned order, subject to the result of the original applications. In such a view of the matter, we do not find any reason to interfere with the impugned order.