The High Court's supervisory jurisdiction under Article 227 does not allow interference unless there is a manifest error or flagrant abuse of justice by the Administrative Tribunal.

JUDGMENT :

Anil K. Narendran, J.

The applicants in O.A.(EKM)No.1085 of 2025 on the file of the Kerala Administrative Tribunal, Additional Bench at Ernakulam, have filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India , challenging Ext.P2 interim order dated 15.07.2025 of the Tribunal in that original application, which was one filed by the petitioners-applicants, invoking the provisions under Section 19 of the Administrative Tribunals Act, 1985 , seeking an order to set aside Annexure A12 order dated 08.04.2025 issued by the 1^st respondent State to the extent of declining the request to hold direct recruitment till the completion of promotion from the feeder category to the post of Secretary, Local Self Government Institutions, as found in Annexure A3 judgment dated 19.03.2018 of a Division Bench of this Court in O.P.(KAT)No.296 of 2014; a declaration that the decision of the 4^th respondent Kerala Public Service Commission to commence selection for the category Secretary, Local Self Government Institutions, notified in Annexure A7 notification with Category No.571/2023, is bad, unreasonable, illegal and liable to be set aside; and a direction to the 1^st respondent State and the 3^rd respondent Principal Director, Local Self Government Department, to give effect and complete the process of promotion to the post of Secretary, Local Self Government Institutions, in terms of the seniority in Annexure A8 order dated 20.01.2023 and Annexure A9 order dated 09.03.2025 issued by the 3^rd respondent.

2. On 15.07.2025, when O.A.(EKM)No.1085 of 2025 came up for admission, the Tribunal admitted the matter on file. The learned Government Pleader took notice for respondents 1 to 3 and the learned Standing Counsel for Kerala Public Service Commission for the 4^th respondent. The interim order granted by the Tribunal on 15.07.2025 reads thus;

"Selection and appointment, if any, made on the basis of Annexure A7 will be subject to final outcome of the Original Application."

Challenging Ext.P2 interim order dated 15.07.2025 of the Tribunal in O.A.(EKM)No.1085 of 2025, the petitioners-applicants are before this Court in this original petition, by contending that considering the facts and circumstances of the case, the Tribunal ought to have granted stay of finalisation of ranked list by the 4^th respondent Kerala Public Service Commission in terms of Annexure A7 notification in Category No.571/2023 for the post of Secretary, Local Self Government Institutions, and all further proceedings thereto, as sought for in that original application. 3. Heard the learned counsel for the petitioners- applicants, the learned Senior Government Pleader for respondents 1 to 3 and the learned Standing Counsel for Kerala Public Service Commission for the 4^th respondent.

4. The learned counsel for the petitioners-applicants would contend that in view of the specific findings contained in Annexure A3 judgment of this Court in O.P.(KAT)No.296 of 2014, the Tribunal ought to have granted the interim prayer, as sought for in O.A.(EKM)No.1085 of 2025. Per contra, the learned Senior Government Pleader and also the learned Standing Counsel for Kerala Public Service Commission would contend that no interference is warranted in Ext.P2 interim order dated 15.07.2025 of the Tribunal in O.A.(EKM)No.1085 of 2025 in exercise of the supervisory jurisdiction under Article 227 of the Constitution of India .

5. Though the learned counsel for the petitioners- applicants and the learned Senior Government Pleader for respondents 1 to 3 have addressed arguments touching the merits of the matter now pending before the Tribunal in O.A. (EK