Rajesh.R vs. Jaya Gopinathan
Held
The High Court found no material interference was required with the Tribunal's direction to consider the representation on merits. However, it modified the order to allow the petitioner and other party respondents to file objections against Annexure A11 within ten days, ensuring a fair hearing process before the Government takes a decision.
Facts
Applicants, Upper Division Selection Grade Typists in the Commercial Taxes Department, sought training and appointment as Commercial Tax Inspectors. The Kerala Administrative Tribunal, without deciding on merits, directed the Government to consider their representation (Annexure A11) within two months, while continuing an interim order staying Annexure A9. The petitioner, an additional respondent in the OA, challenged this order, primarily on grounds of not being heard and the continuation of the interim order.
Key Issues
The key issues were whether the Tribunal erred in directing the Government to consider a representation without hearing all parties, and whether the continuation of an interim order without full consideration of the petitioner's stance was appropriate.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR & THE HONOURABLE MR. JUSTICE K.HARIPAL THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942 OP(KAT).No.428 OF 2020 AGAINST THE ORDER IN OA (EKM) 556/2020 DATED 02-11-2020 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM PETITIONER/ADDITIONAL 8TH RESPONDENT: RAJESH.R AGED 43 YEARS SON OF K.N.RADHAKRISHNAN, SENIOR CLERK, OFFICE OF THE STATE TAX OFFICER, III CIRCLE, KANNUR, STATE GOODS AND SERVICE TAX DEPARTMENT, IV FLOOR, BSNL BHAVAN, SOUTH BAZAR, KANNUR 670 002,PRESENTLY WORKING AS HEAD CLERK, RESIDING AT NIKUNJAM,KODOLIPRAM, PATTANNUR P.O., KANNUR 670 595, ADDITIONAL R8 IS IMPLEADED AS PER ORDER DATED 5.10.2020 IN MA 1140/2020), KERALA BY ADVS. SRI.K.RAMAKUMAR (SR.) SRI.T.RAMPRASAD UNNI SRI.S.M.PRASANTH SMT.R.S.ASWINI SANKAR SRI.T.H.ARAVIND SRI.G.RENJITH
O.P.(KAT).428/2020 2 RESPONDENTS/APPLICANTS & RESPONDENTS 1 TO 7: 1 JAYA GOPINATHAN AGED 39 YEARS D/O.P.N.GOPINATHAN, UPPER DIVISION TYPIST SELECTION GRADE, OFFICE OF DEPUTY COMMISSIONER, SPECIAL CIRCLE I, STATE GST DEPARTMENT, 5TH FLOOR, GST COMPLEX, JAWAHAR NAGAR COLONY, ERANHIPALAM, KOZHIKODE 673 571, RESI
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