P.SURESH BABU IAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner joined the State Service as Deputy Collector by direct recruitment and has since been promoted to the Indian Administrative Service (IAS) and therefore currently a member of the All-India Service. The petitioner moved the Kerala Administrative Tribunal ('KAT' for short) under Section 19 of the Administrative Tribunals Act, 1985 ('the Act' for short) for reliefs. The petitioner sought to quash the communication dated 7.2.2019 from the Office of the Accountant General (A and E), Kerala negativing his claim for earned leave of 14 months. The petitioner also sought a direction to the Principal Accountant General (A and E) to reckon the pre-service training period as earned leave for the purpose of leave surrender benefits.

(2.) The KAT has by the order impugned refused to entertain the original application on the premise that only the Central Administrative Tribunal ('CAT' for short) has the jurisdiction to deal with the same. The petitioner challenges the order of the on the ground that the dispute in hand pertains to the pre- service training period for 14 months from 29.10.2005 to 28.12.2006. The petitioner contends that the period of training was after the appointment as Deputy Collector before he joined the post of Revenue Divisional Officer in the State Service. It is the case of the petitioner that his present status as a member of the All-India Service is irrelevant and that the KAT has the jurisdiction since the dispute relates to his State Service.

(3.) We heard Mr D.Kishore, Advocate for the petitioner and Mr Antony Mukkath, Senior Government Pleader for the respondents in extenso.