IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN &

THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.

WEDNESDAY, THE 10 TH DAY OF SEPTEMBER 2025/19TH BHADRA, 1947 OP(KAT) NO. 82 OF 2018 AGAINST THE ORDER DATED 07.08.2017 IN OA NO.360 OF 2016 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM PETITIONER/APPLICANT:

MINU PATHROSE, AGED 30 YEARS, D/O. K.K. PATHROSE, ASSISTANT TOWN PLANNER, REGIONAL TOWN PLANNING OFFICE, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM DISTRICT - 695 001. RESIDING AT KAKKATTIL, ASWATHY GARDENS, AMBALATHARA, POONTHURA P.O., THIRUVANANTHAPURAM DISTRICT - 695

026. MOBILE : 94964 68881.

BY ADVS.

SHRI.P.SANTHOSH KUMAR (PANAMPALLI NAGAR)

SRI.V.ANANDA SHENOY SHRI.K.P.CHANDRASEKHAR SRI.LUIZ GODWIN D COUTH RESPONDENTS/RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM DISTRICT - 695

001, KERALA.

2 THE CHIEF TOWN PLANNER OFFICE OF THE CHIEF TOWN PLANNER, SWARAJ BHAVAN, NANTHANCODE, THIRUVANANTHAPURAM - 695 033, KERALA.

3 KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY THE SECRETARY, OFFICE OF THE KERALA PUBLIC SERVICE COMMISSION, PATTOM P.O., THIRUVANANTHAPURAM - 695 004, KERALA.

4 MS. OORMILA RAJ DEPUTY TOWN PLANNER, OFFICE OF THE CHIEF TOWN PLANNER, SWARAJ BHAVAN, NANTHANCODE, THIRUVANANTHAPURAM - 695 033, KERALA.

BY ADV SHRI.P.C.SASIDHARAN, SC, KPSC OTHER PRESENT:

SRI. B. UNNIKRISHNA KAIMAL, SR. GP;

SRI. P. C. SASIDHARAN, SC, KPSC THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING FINALLY HEARD ON 10.09.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Anil K. Narendran, J.

The applicant in O.A.No.360 of 2016 on the file of the Kerala Administrative Tribunal at Thiruvananthapuram has filed this original petition invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, seeking an order to set aside Ext.P3 order dated 07.08.2017 of the Tribunal in that original application, which was one filed by the petitioner-applicant seeking a declaration that five year service in the feeder category for promotion to the cadre of Deputy Town Planner is applicable to all those having the qualifications prescribed in clauses (1a), (1b) and (1c) of Sl.No.4 in the Table to Annexure A2 Special Rules for Kerala Town and Country Planning Service, 2001; and a declaration that the applicant is entitled for promotion to the cadre of Deputy Town Planner before giving promotion to the 4^th respondent, who is much junior to her.

2. The petitioner-applicant had earlier approached the Tribunal in O.A.No.180 of 2015 challenging the prescription of five years’ experience for Assistant Town Planners with Degree in Civil Engineering for promotion to the post of Deputy Town Planner. That original application was dismissed by Ext.P2 order dated

06.03.2015 of the Kerala Administrative Tribunal at Thiruvananthapuram. In that order, the Tribunal, after referring to the relevant provisions under Annexure A2 Special Rules, found that, for promotion as a Deputy Town Planner, a Graduate in Civil Engineering should have five years of service in the feeder category. In the case of those who are qualified in Town and Country Planning or Regional Planning/City Planning or with equivalent qualifications, no such experience is prescribed. That means, they become qualified for promotion on completion of probation in the feeder category. Because of the above prescription, the juniors of the applicant, who are having the qualifications in Town/Country Planning or Regional Planning/City Planning or equivalent, will supersede her.

3. With regard to the challenge made in O.A.No.180 of

2015, regarding the prescription of five years’ service in the feeder category for Civil Engineering Graduates in Annexure A2 Special Rules, for promotion as Deputy Town Planner, the Tribunal noticed the law laid down by a Division Bench of this Court in Pankajakshi v. George Mathew [1987 (2) KLT