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2025 DIGILAW 1128 (KER)

Dileepkumar P. R. , S/o. Rajan P. v. State of Kerala, Rep. By Its Secretary To The Government, Department of Agriculture Development & Farmers Welfare, Secretariat, Thiruvananthapuram

2025-05-02

BECHU KURIAN THOMAS, P.KRISHNA KUMAR

body2025
JUDGMENT : (Bechu Kurian Thomas, J.) Petitioners are the applicants in O.A. No.573 of 2024 on the files of the Kerala Administrative Tribunal, Thiruvananthapuram. They are aggrieved by the order dated 23.04.2025 issued by the Tribunal, wherein it was made clear that the promotions, if any, effected to the vacancies due to arise on 30.04.2025 will be subject to the result of the original application. 2. According to the petitioners, the proposed promotions to the vacancies due to arise from the aforementioned date should have been stalled by the Tribunal due to the pendency of the original application. Petitioners have also contended that their juniors are proposed to be promoted ahead of them, which will cause serious prejudice. 3. Having heard Sri.M.H.Asif Ali – the learned counsel for the petitioner as well as the learned Government Pleader on behalf of respondent Nos.1 and 2, Sri.K.S. Sharmila – the learned counsel appearing for Respondent Nos.3 and 4, Sri. B. Mohanlal – the learned counsel appearing for Respondent Nos.5 to 15, we are of the view that the impugned order does not warrant any interference by this Court, especially in exercise of the powers under Article 227 of the Constitution of India . 4. The urgency pleaded by the petitioners was taken into consideration by the Tribunal and thereafter it was specifically directed that the promotion, if any, effected to the vacancy that arises on 30.04.2025 will be subject to the result of the original application. The aforesaid direction to a large extent protects the interests of petitioners also, and if, in case, the original application is allowed ultimately, the promotions effected from the afore said date can certainly be reversed on account of the said observation. However, since the matter is pending consideration before the Tribunal, it may not be proper for this Court to interfere under Article 227 of the Constitution of India against such an interim order. The apprehension expressed by the learned counsel for the petitioners is not justified in the light of Ext.P5 interim order. Hence, we dismiss this original petition. However, we hope that taking note of the urgency pleaded, the Tribunal will endeavour to take expeditious steps to dispose of the application without undue delay.