IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS &

THE HONOURABLE MR.JUSTICE VIJU ABRAHAM WEDNESDAY, THE 9^TH DAY OF MARCH 2022/18TH PHALGUNA, 1943 OP(KAT) NO. 307 OF 2021 AGAINST THE FINAL ORDER IN OA.NO.1534/2021 OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM PETITIONERS:

1 SURESH T.HARSHAN, AGED 43, S/O.T.M.HARSHAN, WORKING AS BOAT LASCARS AT ALAPPUZHA DEPOT, RESIDING AT THURUTHEAL HOUSE, NEHRU TROPHY WARD, AVALLOOKUNNU P.O., ARYAD SOUTH VILLAGE, AMBALAPUZHA TALUK, ALAPPUZHA-688

006.

2 MIDHULESH.N.C., AGED 33, S/O.CHANDRAN.N.D., RESIDING AT NANDHIKATTVELY, MANNANCHERRY P.O., MANNANCHERRY VILLAGE, AMBALAPUZHA THALUK, ALAPUZHA-688 538, NOW WORKING AS BOAT LASCARS AT PULINKUNNU BOAT DEPOT.

3 MONY KUTTAN.C.K., AGED 38 YEARS, S/O.K.S.CHANDRAN, WORKING AS BOAT LASCAR AT NEDUMUDI DEPOT, KAYIPPURAM HOUSE, NORTH ARYAD P.O., KOMALAPURAM VILLAGE, AMBALAPUZHA TALUK, ALAPPUZHA-688 538.

4 JAYARAJAN.N.J, AGED 36, S/O.JANARDHANAN, WORKING AS BOAT LASCAR AT ALAPPUZHA DEPOT, RESIDING AT NIKARTHIL COLONY, TV PURAM P.O., VAIKOM, TV PURAM VILLAGE, VAIKOM, KOTTAYAM-686 606.

5 GANAPRIYAN.T.P., AGED 39, S/O.T.P.PANKAJAKSHAN, WORKING AS BOAT LASCAR AT PANAVALLY DEPOT, RESIDING AT THEKKEDATHU HOUSE, THRICHATTUKULAM P.O., PANAVALLY VILLAGE, CHERTHALA THALUK, ALAPPUZHA-688 526.

6 SUDHESH.V.S., AGED 34 YEARS, S/O.SURENDRAN.V.S., WORKING AS BOAT LASCAR AT PANAVALLY DEPOT, RESIDING AT VALAYAMPARAMBIL, POLLASSERY, VAIKOM P.O., KOTTAYAM-686 141.

7 MUHAMMED ASLAM, AGED 36 YEARS, S/O.MOOSA, WORKING AS BOAT LASCAR AT NEDUMUDI DEPOT, MARANGATTU HOUSE, NADAVATH NAGAR P.O., CHERTHALA, AROOKUTTY VILLAGE, CHERTHALA TALUK, ALAPPUZHA-688 526.

8 AJEESH.V.P., AGED 39, S/O.V.K.PARTHAN, WORKING AS BOAT LASCAR AT KAVALAM DEPOT, RESIDING AT VALLAPURACKAL HOUSE, MUHAMMA P.O., THANNERMUKKAM SOUTH VILLAGE, CHERTHALA TALUK, ALAPPUZHA-688 525.

9 RAGESH.K., AGED 36 YEARS, S/O.R.KRISHNAKURUP, WORKING AS BOAT LASCAR AT PULINCKUNNU DEPOT, RESIDING AT KIURUPPASSERY HOUSE, CHATYHURTHIAKARY P.O., PULINCUNNU, KUTTANADU TALUK, ALAPPUZHA-688 502.

BY ADVS.M/S.R.RAJASEKHARAN PILLAI & SABINA JAYAN RESPONDENTS:

1 THE KERALA STATE TRANSPORT DEPARTMENT, REPRESENTED BY ITS SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

2 THE DIRECTOR, KERALA STATE WATER TRANSPORT DEPARTMENT, HEAD OFFICE, ALAPPUZHA-688 011.

SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER THIS OP(KERALA ADMINISTRATIVE TRIBUNAL) HAVING COME UP FOR ADMISSION ON 09.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ALEXANDER THOMAS & VIJU ABRAHAM, JJ.

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O.P. (KAT) No. 307 of 2021 (arising out of the impugned final order dated 10.8.2021 in O.A.No. 1534/2021 on the file of the KAT, Thiruvananthapuram Bench)

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Dated this the 9^th day of March, 2022 J U D G M E N T ALEXANDER THOMAS, J.

Ext.P-2 final order rendered by the Kerala Administrative Tribunal, Thiruvananthapuram Bench, in the instant Original Application O.A.No.1534/2021 filed at the behest of the petitioners herein/original applicants in the O.A. before the Tribunal, is under challenge in this Original Petition, wherein the respondents herein are the respondents in the above O.A.

2. The prayers in Ext.P-1 Original Application O.A.No.1534/2021 are as follows:

“

i. Direction to the 2^nd respondent to prepare a seniority list of boat lascars in the Kerala State Water Transport department and promote the eligible persons to the post of boat masters.

ii. To issue appropriate direction and orders directing the 2^nd respondent to consider the representations filed by the applicants.

iii. To grant such other reliefs as this Hon'ble Tribunal may deem fit and proper to grant.”

3. The Tribunal, after hearing both sides, has rendered the impugned Ext.P-2 final order without getting into the merits of the controversy, but has only directed that the claims of the petitioners herein for promotion as made