An employee is entitled to promotion if there are no materials available on record to support the non-declaration of his probation.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN MONDAY, THE 26^TH DAY OF FEBRUARY 2024 / 7TH PHALGUNA, 1945 OP(KAT) NO. 65 OF 2024 OA 926/2019 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM PETITIONERS/RESPONDENTS:

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT (EW)

DEPARTMENT,THIRUVANANTHAPURAM,KERALA., PIN -

659001

2 THE CHIEF ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, PUBLIC OFFICE BUILDINGS,THIRUVANANTHAPURAM, KERALA., PIN -

695033 BY SENIOR GOVERNMENT PLEADER SRI.A.J.VARGHESE RESPONDENT/S:

B.S. JAYAKUMAR, AGED 61 YEARS, S/O C. BHASKARAN NAIR, SUPERINTENDING ENGINEER (RETD),LOCAL SELF GOVERNMENT DEPARTMENT,RESIDING AT MANGALYA,TC

25/77 A(1), THAMPANOOR, THIRUVANANTHAPURAM,KERALA., PIN - 695001 THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 26.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT A. MUHAMED MUSTAQUE, J.

The State has come up with the original petition challenging an order of the Kerala Administrative Tribunal in OA No.926 of 2019 filed by the respondent/applicant.

2. The respondent/applicant retired from service on

31.05.2013 as Superintending Engineer from the Kerala State Rural Roads Development Agency under the Local Self Government Department. He approached the Tribunal challenging Annex.A8 order, by which the request for notional promotion as Chief Engineer was declined for the reason that his probation as Superintending Engineer was not declared. It was observed in the impugned order before the Tribunal that a complaint was pending against him and therefore, he was not included in the provisional select list. It is also to be noted that a junior was included in the provisional select list.

3. The reason for non inclusion in the provisional select list was that a complaint was raised for granting building permit in violation of the Building Rules. There were proceedings against the respondent/applicant. As per Annex.A4 proceedings of the Government dated

23.01.2014, the respondent/applicant was completely exonerated as the building permit was granted based on a special committee report. By the time of culmination of the proceedings, the respondent/applicant retired from service on 31.05.2013.

4. As we note, the Tribunal, after adverting to Annex.A4, found that there were absolutely no materials available on record for non declaration of probation as well as consequential consideration for promotion as Chief Engineer. The Tribunal also adverted to Rule 28(b)(i)14 of Part II of the Kerala State & Subordinate Service Rules, 1958 (KS & SSR) and directed the State to consider the representation submitted by the respondent/applicant.

In the facts and circumstances, we find no reason to entertain the original petition. Accordingly, the original petition is dismissed in limine.

Sd/-

A. MUHAMED MUSTAQUE JUDGE Sd/-

SHOBA ANNAMMA EAPEN JUDGE bka/-

APPENDIX OF OP(KAT) 65/2024 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF GO(RT)NO.1637/05/ LSGD DATED 23.04.2005 ISSUED BY THE 1 ST PETITIONER.

Annexure A2 TRUE COPY OF PROPOSAL SUBMITTED BY THE

2 ND PETITIONER TO THE 1 ST PETITIONER.

Annexure A3 TRUE COPY OF SELECTED LIST ISSUED AS PER GO(P)NO.154/12/LSGD DATED

08.06.2012.

Annexure A4 TRUE COPY OF GO(RT)NO.204/2014/ LSGD DATED 23.01.2014 ISSUED BY THE 1 ST PETITIONER.

Annexure A5 TRUE COPY OF ORDER DATED 22.11.2016 IN OA.NO.1541 OF 2012.

Annexure A6 TRUE COPY OF REPRESENTATION DATED

03.12.2016 SUBMITTED BY THE RESPONDENT BEFORE THE 1ST PETITIONER.

Annexure A7 TRUE COPY OF ORDER DATED 18.07.2017 IN OA.NO. 2778 OF 2016.

Annexure A8 TRUE COPY OF GO(RT)NO.1506/ 2018/LSGD DATED 01.06.2018 ISSUED BY THE 1ST PETITIONER.

Exhibit P1 TRUE COPY OF THE O.A.NO.926/2019 Exhibit P2 TRUE COPY OF REPLY STATEMENT FILED BY THE 1 ST PETITIONER HEREIN ON

17.11.2021.

Exhibit P3 TRUE COPY OF FINAL ORDER OF THE KERALA ADMINISTRATIVE TRIBUNAL DATED

28.02.2023 IN THE AFORESAID ORIGINAL APPLICATION.