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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MURALEE KRISHNA S.
State of Kerala – Appellant
Versus
Suneer S.F. S/o Sulaiman Pillai – Respondent
| Table of Content |
|---|
| 1. challenges to the denial of noc based on outstanding loans. (Para 1 , 2 , 4) |
| 2. tribunal warranting noc for higher studies without pending liabilities. (Para 3 , 5 , 6 , 8) |
| 3. scope of supervisory jurisdiction under article 227. (Para 11 , 12 , 14 , 16) |
JUDGMENT :
MURALEE KRISHNA S., J.
1. The respondents in O.A.No.421 of 2024 on the file of the Kerala Administrative Tribunal, Thiruvananthapuram (the ‘Tribunal’ for short) filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, challenging Ext.P3 order dated 06.06.2024 passed by the Tribunal in that original application.
2. Going by the averments in the original application, the respondent is presently working as an office attendant at Primary Health Centre, Bharathannur in Thiruvananthapuram District. He entered service as a Peon on 14.02.2005, and his probation in the cadre of Peon was declared by Annexure A1 order dated 06.02.2007, with effect from 14.02.2006. Now he wants to study an engineering course to get a higher job in future. Hence, he submitted a representation dated 19.10.2023 before the Director of Health Services with a request to g
The denial of a No Objection Certificate for educational purposes based solely on an employee's financial liabilities is unlawful and violates service rules acknowledging the right to pursue higher s....
The court upheld that the High Court's supervisory role under Article 227 limits intervention to severe errors, while reaffirming settled matters should not be reopened.
The High Court affirmed the finality of the Tribunal's decision regarding leave recognition, emphasizing strict compliance by the Government with Tribunal's orders.
Administrative liability on pensioners requires a fair hearing and cannot be imposed without proper inquiry as per established rules.
Supervisory jurisdiction under Article 227 is limited to correcting grave injustices and does not allow the High Court to substitute its judgment for that of lower tribunals.
The mere pendency of disciplinary proceedings cannot be grounds for denying provisional promotion to a qualified member of the feeder category.
The period for passing departmental tests under Kerala State and Subordinate Service Rules is calculated from the date of vacancy, not the order of promotion.
The court reinforced the entitlement of differently-abled individuals to promotional reservations under the Rights of Persons with Disabilities Act, mandating compliance with court judgments granting....
The High Court's supervisory power under Article 227 allows for interference only in cases of gross injustice or procedural lapses, reaffirming that a probationer's termination must follow proper inq....
The High Court's supervisory jurisdiction under Article 227 is limited and does not permit interference unless there is gross violation of legal principles.
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