LAWS(KER)-2026-6-95

S. ANIL KUMAR Vs. STATE OF KERALA

Decided On June 09, 2026
S. Anil Kumar Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioner-applicant filed O.A.(EKM)No.2125 of 2017 on the file of the Kerala Administrative Tribunal, Additional Bench at Ernakulam, invoking the provisions under Sec. 19 of the Administrative Tribunals Act, 1985, seeking an order to set aside Annexure A5 Government order, i.e., G.O.(Rt.)No.2427/2017/ Home dtd. 14/9/2017, whereby it was ordered that the period from 5/8/2011 to the date of rejoining duty, i.e., 30/10/2011, cannot be regularised as duty as per the existing Rules; and an order directing the 1st respondent State to treat the period from 5/8/2011 to 30/10/2011 as duty for all purposes, since the applicant was compulsorily waiting for posting during the said period. Along with the original application, the applicant produced Annexures A1 to A5.

(2.) In the original application, the 1st respondent State filed Ext.P2 reply statement dtd. 19/1/2019, opposing the reliefs sought for. After considering the rival contentions, the Tribunal by Ext.P3 order dtd. 29/1/2020, dismissed O.A.(EKM)No.2125 of 2017. Paragraphs 8, 9 and also the last paragraph of Ext.P3 order read thus;

(3.) Feeling aggrieved by Ext.P3 order dtd. 29/1/2020 of the Tribunal in O.A.(EKM)No.2125 of 2017, the petitioner- applicant has filed this original petition, on 19/11/2025, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India.