S.KUMARESAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The applicant in O.A.No.2182 of 2018 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 Ext.P4 order dtd. 18/12/2019 passed by the Tribunal in that original application.

(2.) Going by the averments in the original petition, the petitioner approached the Tribunal by filing O.A.No.2182 of 2018 invoking the jurisdiction of the Tribunal under Sec. 19 of the Administrative Tribunals Act, 1985, seeking an order to set aside Annexure A10 order dtd. 3/9/2018 issued by the Government rejecting the request of the petitioner, praying to reckon his entire service in Kerala State Land Use Board ('KSLUB' in short) from 1/4/1998 till he was regularised in service on 25/8/2005 for pensionary benefits. The petitioner has further sought an order directing the respondents to modify Annexure A5 order dtd. 25/8/2005 issued by the Government sanctioning creation of six supernumerary posts of Geological Assistants in KSLUB to accommodate the senior Scientists working on contract basis with effect from 1/4/1998; and also an order directing the respondents to modify Annexure A7 order dtd. 12/10/2011 regularising the petitioner in the KSLUB with effect from 1/4/1998.

(3.) According to the petitioner, he was appointed as Stipendary Earth Scientist for the Panchayath level Resources Mapping Programme in accordance with G.O.(MS) No.48/90/Plg. dtd. 15/12/1990 in the Centre for Earth Science ('CESS' in short) from 22/4/1991 onwards. The Panchayat Resources Mapping ('PRM' in short) was done by the CESS till 31/3/1998, which was later transferred to KSLUB under the Planning Board. As directed by the Government, he reported in the KSLUB on 1/4/1998 in the post of Project Scientist. He was appointed as Senior Scientist in KSLUB on 22/4/1999 after undergoing a selection process, including an interview. The 1st respondent by Annexure A7 order dtd. 12/10/2011 regularised his service from 25/8/2005. The petitioner retired from service on 31/5/2018. Before his retirement, he approached the Government, praying to reckon his entire service in KSLUB from 1/4/1998 for pensionary benefits, and also filed O.A. No.448 of 2018 before the Tribunal, which was disposed directing the Government to pass appropriate orders on his representation. The 1st respondent by Annexure A10 order dtd. 3/9/2018 rejected his claim. Thereafter the petitioner approached the Tribunal with the present original application.