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Jessy Mathew

High Court Of Kerala|22 November, 2014
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JUDGMENT / ORDER

ANTONY DOMINIC , J.
The petitioner is a Staff Nurse Gr.I. She filed O.A.No.601/2014 before Kerala Administrative Tribunal, primarily for restoration of seniority that was lost due to leave without allowance availed for foreign employment. She, thereafter, filed Annexure A11 representation to the respondents. The representation was not considered. It was in such circumstances that the O.A. was filed.
2. Taking the view that the loss of seniority was on account of operation of Rule 4 of Appendix XIIA of Part I KSR, the Tribunal rejected the O.A. by Exhibit P1 order. It is this order, which is under challenge before us.
3. The reasoning given by the Tribunal in the order is absolutely unassailable. However, the learned counsel for the petitioner has a contention that the petitioner's grievance in the O.P.(KAT)No.391/14 -2-
context of Annexures A4 to A7 was not considered by the Tribunal.
4. We notice from the order passed by the Tribunal that this issue was not urged before the Tribunal. Therefore, if at all the petitioner has a grievance on that aspect, the proper course to be adopted was to seek review of the order. In any case, the claim relying on Annexures A4 to A7 now made is a highly belated and stale one and therefore, the Tribunal could not grant the relief sought for. In such circumstances, we decline to entertain this Original Petition.
The Original Petition is dismissed.
Sd/-
ANTONY DOMINIC, JUDGE dsn Sd/-
ANIL K.NARENDRAN, JUDGE
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Title

Jessy Mathew

Court

High Court Of Kerala

JudgmentDate
22 November, 2014
Judges
  • Antony Dominic
  • Anil K Narendran
Advocates
  • Sri Wilson Urmese