IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR &

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 10^TH DAY OF MARCH 2022 / 19TH PHALGUNA, 1943 WP(C) NO. 8400 OF 2019 PETITIONER/S:

B. KOYAMMA, AGED 63 YEARS, S/O LATE SAYED PANDARATHIL, BAPPATHIYODA HOUSE, ANDROTH ISLAND, UNION TERRITORY OF LAKSHADWEEP-682 551.

BY ADV SHRI.AJIT G ANJARLEKAR SHRI.G.P.SHINOD RESPONDENT/S:

1 THE UNION OF INDIA, REPRESENTED BY THE SECRETARY OF HOME AFFAIRS, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI-110 001.

2 UNION TERRITORY OF LAKSHADWEEP, REPRESENTED BY THE ADMINISTRATOR, KAVARATTI ISLAND, UNION TERRITORY OF LAKSHADWEEP-682 555.

3 MR.FAROOQ KHAN, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, THE ADMINISTRATOR OF THE UNION TERRITORY OF LAKSHADWEEP, KAVARATTI ISLAND, UNION TERRITORY OF LAKSHADWEEP-682 555.

4 THE CENTRAL VIGILANCE COMMISSIONER, CENTRAL VIGILANCE COMMISSION, SALARKATA BHAVAN, A-BLOCK, GPO COMPLEX, INA, NEW DELHI-110 023.

5 THE SUPERINTENDENT OF POLICE, CENTRAL BUREAU OF INVESTIGATION, CBI ROAD, KATHRIKADAVU, KALOOR, ERNAKULAM DISTRICT, KERALA-682 017.

6 A. HAMZA, AGED 63 YEARS, S/O YOUSUF BALAYLIAR, SECRETARY (EDUCATION), LAKSHADWEEP ADMINISTRATION, KAVARATTI, ISLAND, UNION TERRITORY OF LAKSHADWEEP-682 555.

7 C N KOYA, (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER), LIAISON OFFICER, LAKSHADWEEP ADMINISTRATION, KAVARATTI ISLAND, UNION TERRITORY OF LAKSHADWEEP-682 555.

8 THE DIRECTOR (SERVICES), LAKSHADWEEP ADMINISTRATION, KAVARATTI ISLAND, UNION TERRITORY OF LAKSHADWEEP-682 555.

BY ADVS.

SRI.SAJITH KUMAR V.,CGC SRI. SASTHAMANGALAM S. AJITHKUMAR, SPL.P.P. FOR C.B.I.

SRI.S.RADHAKRISHNAN SRI.MANU.S, ASGI SHRI.S.RAJMOHAN SRI.ADITYA THEJUS KRISHNAN SMT.R.ANJALI SMT.BENITA ALPHONSA BASIL SMT. MINI GOPINATH, CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 10th day of March, 2022 S.Manikumar, C.J.

Instant public interest writ petition is filed seeking for the following reliefs:

“1. Issue a writ of quo warranto or any other appropriate writ(s) calling upon the 6th respondent (A. Hamza) to show cause as to under what authority he is holding on the post of Secretary (Education) under the Lakshadweep Administration and further declare that the services of the 6th respondent after 31.03.2016 shall be deemed to illegal and non-est and all service benefits obtained by him after 31.03.2016 shall be recoverable from him with interest.

2. Issue a writ of certiorarior any other appropriate writ(s), order or direction to call for the records leading to the issuance of Exhibit P15 and P16 and quash the same.

3. Issue a direction to the 1st, 4th and 5th respondents to conduct a comprehensive and meticulous enquiry with regard to the actions taken by the 6th respondent during the illegal continuation of his services under the Lakshadweep Administration after his actual superannuation date and direct the 1st respondent to complete the Departmental Enquiry against the 6th respondent, as expeditiously as possible and within a time frame as deemed fit by this Honourable Court.”

2. Short facts leading to the filing of the writ petition are as under:

The petitioner is aggrieved by the illegal continuance of the 6^th respondent in the services of the Lakshadweep Administration by manipulating the service records with regard to his date of birth, is illegal and non-est in the eyes of law right from the year 2016, when he ought to have been superannuated. Further, the petitioner seeks to quash Exhibits P15 and P16 whereby respondents 6 and 7 have been appointed as consultants without any transparency whatsoever and without adhering to the procedure being followed in other Ministries/Departments under the Government of India.

As revealed from Exhibit P2 Birth Certificate issued by the Registrar of Births and Deaths, Amini Island, the 6^th respondent attained the age of superannuation in the year 2016 but however, due to