SOMANADHAN K. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is before us challenging Ext.P4 order of the Kerala Administrative Tribunal, Thiruvananthapuram ('KAT' for short) in O.A. No. 366 of 2016 dated 17.10.2017. As per the impugned order, the KAT has dismissed the Original Application filed by the petitioner.

(2.) The Original Application was filed in the following circumstances: The petitioner, while working as Finance Officer (HG) in the Collectorate, Kollam, was appointed as the Nodal Officer for Expenditure Monitoring at the District Level by the third respondent in connection with the General Elections to Lok Sabha, 2014. The election was conducted from 07.04.2014 to 12.05.2014. While holding the charge as Nodal Officer, the petitioner retired from service, having attained the age of superannuation on 31.05.2014. The petitioner's case is that even after 12.05.2014, he continued to function as a Nodal Officer discharging various duties and attending to the responsibilities of the said post. Finally, all the documents were returned and he relinquished his charge only on 28.10.2014. According to him, he is entitled to regularisation of his service from 01.06.2014 to 28.10.2014, the period during which he had overstayed, even after his retirement. For that purpose, he had submitted a representation before the second respondent. Later, he had filed O.A (E) No. 116 of 2016 seeking appropriate directions for the regularisation of his service. During the pendency of the OA, his representation was rejected. In view of the above, the said Original Application was withdrawn and O.A.(Ekm) No.366 of 2016 was filed challenging the order of the second respondent rejecting his representation also.

(3.) The OA was contested by the respondents. According to the respondents, the petitioner had retired from service on 31.05.2014. The Government had not issued any orders extending his service. Therefore, the relief of regularisation of his service from 01.06.2014 to 28.02.2014 could not be granted. According to the respondents, he had actually been relieved of his duties as Finance Officer on 31.05.2014.