Kerala High Court
OP(KAT)/150/2025 of SINDHU.V.N, Vs STATE OF KERALA, on 10 April 2025
O.P. (KAT) No.150 of 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 OP(KAT) NO. 150 OF 2025 AGAINST THE JUDGMENT DATED
2025:KER:31312
O.P. (KAT) No.150 of 2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947
OP(KAT) NO. 150 OF 2025
AGAINST THE JUDGMENT DATED 18.02.2025 IN OA (EKM)
NO.276 OF 2025 OF KERALA ADMINISTRATIVE TRIBUNAL AT
THIRUVANANTHAPURAM (ADDITIONAL BENCH, ERNAKULAM)
PETITIONER/APPLICANT:
SINDHU.V.N, AGED 49 YEARS, D/O.NARAYANAN KUTTY, VADAKKEDATH HOUSE, PANANGAD P.O., ERNAKULAM, PIN
– 682 506
BY ADV K.M.FIROZ
RESPONDENTS/RESPONDENTS:
STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HEALTH DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001
DISTRICT MEDICAL OFFICER, OFFICE OF THE DISTRICT
MEDICAL OFFICE (HEALTH), ERNAKULAM, PARK AVENUE, ERNAKULAM, PIN – 682 011
JUNIOR EMPLOYMENT OFFICER, TOWN EMPLOYMENT
EXCHANGE, TRIPUNITHURA, PIN – 682 301
SUNIMOL.K.P., NADUVILAPADAVIL HOUSE,
PADINJAREVELIYATHNADU.P.O., ALUVA, ERNAKULAM
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O.P. (KAT) No.150 of 2025
DISTRICT, PIN – 683 511
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR ADMISSION ON 10.04.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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O.P. (KAT) No.150 of 2025
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J U D G M E N T
A. Muhamed Mustaque, J. This is an unfortunate case where the petitioner could not appear for the interview for want of service of notice on her for the appointment as part-time sweeper in Ernakulam District under the Health Department. The interview notice addressed to her was returned with an endorsement “ no such addressee”.
2. Though a plea was made by the learned counsel for the petitioner that she should be considered for the present appointment, considering the fact that already a person has been engaged due to the absence of the petitioner, this request cannot be considered.
3. Having considered the facts that the petitioner belongs to a marginalised community and her financial circumstances, we are of the view that the Employment Exchange shall sponsor her again for any next arising vacancies in any eligible post, and the age limit also shall be relaxed for her for two years.
4. These directions are issued in the peculiar
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circumstances of the case, and it is now reported that there are no other vacancies now existing for accommodating the petitioner. The third respondent shall comply with this order untrammelled by earlier absence. This original petition is disposed of as above. Sd/- A.MUHAMED MUSTAQUE JUDGE Sd/- P. KRISHNA KUMAR JUDGE PR
2025:KER:31312 O.P. (KAT) No.150 of 2025
APPENDIX OF OP(KAT) 150/2025 PETITIONER ANNEXURES Annexure A1 ANNEXURE A1 - A TRUE COPY OF THE REPRESENTATION DATED 6.2.2023 SUBMITTED BY THE APPLICANT BEFORE THE DISTRICT MEDICAL OFFICER (HEALTH), PARK AVENUE, ERNAKULAM – 682011 ON 6.2.2023 Annexure A2 ANNEXURE A2 - A TRUE COPY OF THE COMMUNICATION NO.A3-21687/2021 DATED 13- 2-2023 RECEIVED BY THE APPLICANT ON 5.12.2024 Annexure A3 ANNEXURE A3 - A TRUE COPY OF THE COMMUNICATION ISSUED BY DEPUTY SUPERINTENDENT OF POST OFFICES, ERNAKULAM DIVISION TO THE APPLICANT DATED 11.4.2023 Exhibit P1 A TRUE COPY OF THE ORIGINAL APPLICATION MEMORANDUM, OA [EKM] NO. 276 OF 2025 DATED 10.2.2025 WITH ANNEXURES Exhibit P2 A TRUE COPY OF THE ORDER DATED 18.2.2025 IN OA OA[EKM] NO. 276 OF 2025 Exhibit P3 A TRUE COPY OF THE PROCEEDINGS DATED 4.3.2023 OF THE PUBLIC INFORMATION OFFICER AND JUNIOR SUPERINTENDENT (A) SECTION, DISTRICT MEDICAL OFFICE (HEALTH), ERNAKULAM