2021/KER/33713 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS &

THE HONOURABLE MR. JUSTICE A. BADHARUDEEN WEDNESDAY, THE 8^TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943 OP(KAT) NO. 189 OF 2021 (Arising out of the order of KAT, Tvm(Addl.Bench), EKMin O.A.

(EKM)No.999/2021 dated 23.7.2021)

PETITIONER/S:

1 STATE OF KERALA REPRESENTED BY THE DIRECTOR OF WATER TRANSPORT DEPARTMENT, DIRECTORATE OF KERALA WATER TRANSPORT DEPARTMENT, NEAR KSRTC BUS STAND , ALAPPUZHA-688011, KERALA.

2 THE DIRECTOR KERALA WATER TRANSPORT DEPARTMENT, NEAR KSRTC BUS STAND, ALAPPUZHA.

RESPONDENT/S:

1 ABHILASH .C S/O BHARATHAN, CHERIYAKATHU PUTHIYAPPA, PUTHIYANGADI P.O, KOZHIKODE, KERALA-673021.

2 THE PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PUBLIC SERVICE COMMISSION OFFICE, THULASI HILLS, PATTOM PALACE P.O, THIRUVANANTHAPURAM.

ADDL.3 IMPLEADED.

3 ADDL. R3 NOUFAL K.A., AGED 33 YEARS,S/O.ABDUL KADER,KAKKAKALLAM,THIRUVARPPU P.O.

KOTTAYAM-686 020.

ADDITIONAL RESPONDENT NO.3 IS IMPLEADED AS PER ORDER DATED 11/8/21 IN I.A.2/21 IN OP(KAT) 189/2021.

BY ADVS.

M.R.JAYAPRASAD SRI.P.C.SASIDHARAN, STANDING COUNSEL (B/O)

C.A.MAJEED ROOPKUMAR G.

JOHN K.J.

OTHER PRESENT:

SRI.ANTONY MUKKATH, SR.GOVT.PLEADER THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 08.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ALEXANDER THOMAS & A. BADHARUDEEN, JJ.

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OP(KAT)No.189/2021 (Arising out of the order of KAT, Tvm(Addl.Bench), EKMin O.A.

(EKM)No.999/2021 dated 23.7.2021)

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Dated this the 8^th day of September, 2021

JUDGMENT

Alexander Thomas, J.

The prayer in the afore-captioned original peition filed by the State of Kerala and the Director of Water Transport Department (R1 and R2 in the OA) filed under Articles 226 and 227 of the Constitution of India are as follows (see Page Nos.11 and 12 of the OP):

"For these and other reasons stated in the memorandum of Original Petition (KAT), it is respectfully prayed that this Hon'ble Court may be pleased to stay the operation and implementation of Ext.P2 order dated 237.2021 in OA (EKM)No.999/2021 and Ext.P10 order dated 29.7.2021 in CP(EKM)NO.90/2021 in OA (EKM) No.999/2021 on the file of the Honourable Kerala Administrative Tribunal, Additional Bench Ernakulam pending disposal of the above original petition."

2. The prayers in the present OA (EKM)No.999/2021 filed by the 1^st respondent herein (original applicant) before the Kerala Administrative Tribunal, Ernakulam are as follows:

i) to declare that the 2^nd respondent act of not permitting to join duty and referring to PSC seeking further clarification as to the qualifications, already verified by the PSC with a new rider that the license that is considered for appointment shall be as per the Kerala Inland Vessels Rule 2010 is not sustainable as it is vitiated with malafides and ill motives;

ii) to issue an order or direction to the 2^nd respondent to fouth with permit the applicant to join duty as on 26.2.2021, the date of his reporting with the requisite documents strictly in accordance with law and based on the relevant provisions of KS & SSR.

Iii) to isse such other order or direction as this Hon'ble Tribunal may be deem fit and proper in the facts and circumstances of the case."

3. The Tribunal after hearing both sides, has passed Ext.P2 interim order dated 23.7.2021 in the above OA, the operative portion of which contained in the last Para. thereof, which reads as follows (see Page 36 of the paper book of the OP):

'In so far as the applicant is issued with advice memo dated 18.1.2021 pursuant to his inclusion in the ranked list dated 4.4.2018 and was also issued with Annexure A6 appointment order dated 16.2.2021, any further delay would work out to injustice to the applicant who has undergone a selection process and was availing an employment for more than 3 years. The second respondent is therefore directed to permit the applicant to join