SECRETARY TO GOVERNMENT Vs. M. ANIL KUMAR

JUDGEMENT

(1.) The respondents in O.A. No.1439 of 2016 on the file of the Kerala Administrative Tribunal, Thiruvananthapuram, (the 'Tribunal' in short) filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, challenging the order dtd. 1/6/2017 passed by the Tribunal in that original application.

(2.) The respondent entered service as a Lower Division Clerk in the General Education Department on 13/3/1992 and satisfactorily completed his probation on 13/3/1994. He was granted higher grade with effect from 13/3/2002. While in service, by Ext.R2(a) order dtd. 28/3/2003, he was granted Leave Without Allowance ('LWA' in short) from 1/4/2003 to 8/8/2005. The respondent rejoined duty on 9/8/2005. He was promoted as Upper Division Clerk by the order dtd. 15/9/2006 with effect from 25/6/2004, i.e., during the period of LWA. Annexure A1 final seniority list dtd. 3/8/2009 of Upper Division Clerk for the period from 1/1/1996 to 31/12/2005 was published by the 2nd petitioner, wherein the respondent was placed at rank No.475/89-92 with a seniority number of 1005. The 2nd petitioner has issued Annexure A2 promotion order dtd. 15/7/2015 wherein persons whose rank number from 467/96-05 onwards in Annexure A1 seniority list were promoted and posted as Junior Superintendents, excluding the name of the respondent. Aggrieved by his non-inclusion in Annexure A2 order, the respondent submitted Annexure A3 representation dtd. 22/9/2015 to the 2nd petitioner. To that representation, the 2nd petitioner gave Annexure A4 reply dtd. 5/11/2015 informing that the period spent on LWA by the respondent was wrongly reckoned while assigning the seniority and rank in Annexure A1 seniority list. Hence, it was cancelled and his rank number is reassigned as 1176A, with effect from his rejoining date, ie, 9/8/2005. The respondent then filed Annexure A5 appeal dtd. 19/11/2015 before the 1st petitioner against Annexure A4 order. The 1st petitioner did not take any action in Annexure A5 appeal, and hence the respondent approached the Tribunal by filing O.A.No.58 of 2016, wherein the Tribunal, by the order dtd. 8/1/2016, directed the 1st petitioner to take a decision in Annexure A5 appeal within two months. Since no order was passed within time by the 1st petitioner, the respondent approached the Tribunal with Contempt Petition No.76 of 2016. While the contempt petition was pending, the 1st petitioner passed Annexure A6 order dtd. 20/5/2016 rejecting the request of the respondent. Being aggrieved, the respondent approached the Tribunal with the present original application filed under Sec. 19 of the Administrative Tribunals Act, 1985, seeking the following reliefs:

(3.) Being aggrieved by the order of the Tribunal, the respondents in the O.A. are now before this Court with this original petition.