The court emphasized that stale claims should not be revived through representations without timely explanations, mandating initial focus on limitations.

Judgment

Sushrut Arvind Dharmadhikari, J.

Heard on the question of admission.

2. The present O.P.(KAT) filed under Article 227 of the Constitution of India challenges the order dated 8^th September 2025 passed in O.A.(EKM) No.1279/2022 whereby the Original Application has been disposed of with a direction to the second respondent to consider and pass appropriate orders on Annexures A6 to A8 representations. The second respondent shall afford an opportunity of hearing the applicants as well as respondents 6 to 43, except respondent No.37, within a period of three months from the date of receipt of a copy of the order. It is made clear that the Tribunal has not adjudicated the matter on merits.

3. The brief facts of the case are that the petitioners are working as Livestock Inspectors Grade I under the second respondent, being aggrieved by their position in Annexure A1 seniority list and the consequent denial of promotion to the post of Asst.Field Officer vide AnnexureA3 wherein the jurniors are granted promotion, approached the Kerala State Administrative Tribunal praying for the following reliefs:

i) Call for the records leading to the issue of Annexure A1 and quash the same so far it denies the applicant the seniority based on the Earliest effective advice granted with effect from 09.07.2003;

ii) Call for the records leading to the issue of Annexure A3 and quash the same to the extent it excludes the applicants and includes juniors of the applicants who are placed at serial number 22 to 59 in appendix 1 of Annexure A3 for promotion to the post of Assistant Field Officer;

iii) Declare that the applicants are entitled to have their seniority assigned in the cadre of Live Stock Inspector Grade II as per the earliest Effective advice granted with effect from 09.07.2003.

iv) Direct the respondents to assign the applicants the seniority in the cadre of Livestock Inspector Grade II as per the earliest effective advice granted with effect from 09.07.2023.

v) Declare that the applicants are entitled to be promoted as Assistant Field Officer in place applicants juniors at sl.Nos.22 to 59 in appendix-I in Annexure A-3.

vi) Direct the respondents to promote the applicants to the post of Assistant Field Officers in preference to their juniors at Sl.Nos.22 to 59 in appendix-I in Annexure-3.

vii) Award cost of an incidental to this application.

viii) Pass such other orders or directions as deemed just, fit and necessary in the facts and circumstances of the case.

4. The learned Tribunal vide order dated 26.08.2022 disposed of the O.A. while passing the following order.

“ In view of the fact that the applicants have preferred Annexure A6 to A8 representations before the 2^nd respondent and the same is pending consideration before the 2^nd respondent, the Original Application is disposed of, directing the 2^nd respondent to consider and pass appropriate orders on Annexures A6 to A8. The 2^nd respondent shall consider the claim of the applicants, vis-à-vis that of respondents 6 to 43 for promotion to the cadre of Asst.Field Officer and pass appropriate orders thereon, after affording an opportunity of hearing to the applicants and the affected persons, that is respondents 6 to 43, without further delay and at any rate within a period of 3 months from the date of receipt of a copy of this order.”

5. Thereafter the respondents 6 to 43 filed R.A.(EKM) No.27 of 2022. The learned Tribunal allowed the Review Application vide order dated 16.3.2023 recalling the order dated 26.08.2022 passed in the Original Application and posted the same for hearing. The matter was posted for hearing on 12.08.2025, 26.08.2025 and on 8^th Sep