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P.G.Pradeep Kumar

High Court Of Kerala|24 October, 2014
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JUDGMENT / ORDER

ANTONY DOMINIC, J.
The challenge in this Original Petition is against the order passed by the Kerala Administrative Tribunal in O.A.No.972 of 2014. The said Original Application was filed by the petitioners who are now working as Assistant Town Planners and the challenge in the Original Application was against Annexure-A1 order issued by the Government on 06/05/2014 by which Special Rules for the post of Assistant Town Planners was amended by incorporating that in the absence of suitable candidates for promotion, the posts should be filled up by direct recruitment. The Tribunal in Ext.P6 order held that every posts is created in public interest and therefore, a prescription in the rules for direct recruitment and that too in the absence of qualified hands in the feeder category there is no legal objection about it.
O.P.(KAT).No.361 of 2014 2 We fully endorse the view taken by the Tribunal. However, the learned counsel for the petitioners contended that in effecting the said amendment the procedures prescribed for amending the Special Rules have not been complied with. He also raised a contention that the Rule as amended is discriminatory to the existing Assistant Town Planners. Insofar as these contentions are concerned, we note from the order passed by the Tribunal these contentions were not urged before the Tribunal and in the Original Petition also there is no plea that these contentions urged but were not considered by the Tribunal. In such circumstances, we are unable to entertain these contentions. On the other hand, if according to the petitioners, these contentions were urged and were not considered, it is for the petitioners to seek review of the order by moving the Tribunal itself.
The O.P.(KAT) is dismissed.
ANTONY DOMINIC, JUDGE skj ANIL K.NARENDRAN, JUDGE
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Title

P.G.Pradeep Kumar

Court

High Court Of Kerala

JudgmentDate
24 October, 2014
Judges
  • Antony Dominic
  • Anil K Narendran