SURESH BABU.R vs STATE OF KERALA

Court
Kerala High Court

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O.P.(KAT)No.300 of 2026 1 2026:KER:78986


IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.
TH
TUESDAY, THE 13 DAY OF OCTOBER 2026 / 21ST ASWINA, 1948
OP(KAT) NO. 300 OF 2026
AGAINST THE ORDER DATED 29.05.2025 IN OA NO.516 OF 2022 OF
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/APPLICANT IN THE OA:

SURESH BABU.R
AGED 64 YEARS
S/O. LATE. RAMAN, INSTRUCTOR (ENGINEERING) (RETIRED),
TECHNICAL HIGH SCHOOL, SREEKARIYAM,
THIRUVANANTHAPURAM DISTRICT – 695012.
RESIDING AT SREEMANGALAM, KUDUMBANNOOR,
PRAVACHAMBALAM, NEMOM P.O.,
THIRUVANANTHAPURAM DISTRICT, PIN - 695002


BY ADV. SRI.K.PRAVEEN KUMAR

RESPONDENTS/RESPONDENTS NO.1 TO 3 IN OA:

1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT,
THIRUVANANTHAPURAM, PIN - 695001

2 THE DIRECTOR OF TECHNICAL EDUCATION
OFFICE OF THE DIRECTORATE OF TECHNICAL EDUCATION
DEPARTMENT, FORT,
THIRUVANANTHAPURAM, PIN - 695023

3 THE ACCOUNTANT GENERAL (A&E), KERALA
THIRUVANANTHAPURAM, PIN - 695001


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OTHER PRESENT:


SMT. ANN MARIA FRANCIS - GP

THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 13.10.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:




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‘C.R’
JUDGMENT
Anil K. Narendran, J.
The applicant in O.A.No.516 of 2022 on the file of the
Kerala Administrative Tribunal at Thiruvananthapuram is before
this Court in this original petition, invoking the supervisory
jurisdiction under Article 227 of the Constitution of India,
challenging Ext.P5 order dated 29.05.2025 of the Tribunal in that
original application, which was one filed by the applicant-
petitioner, invoking the provisions under Section 19 of the
Administrative Tribunals Act, 1985, seeking an order directing
respondents 1 and 2 to sanction and disburse interest at the rate
of 9% per annum on the DCRG amount of Rs.11,45,529/-, from
01.08.2017 to 28.02.2022; and to direct respondents 1 and 2 to
grant 9% interest on Rs.7,70,030/- paid on 14.06.2018, being
the commutation assessed in Annexure A7 from 01.08.2017 to
13.06.2018, and on the amount of additional commutation of
Rs.8,36,362/- paid in March 2022, from 01.08.2017 to
28.02.2022. Along with the original application, the applicant
produced Annexures A1 to A9.
st
2. In O.A.No.516 of 2022, the 1 respondent State filed

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Ext.P2 reply statement dated 20.01.2023, opposing the reliefs
sought for, producing therewith Annexure R1(a) representation
dated 24.02.2018 made by the applicant. The applicant filed
nd
Ext.P3 rejoinder dated 24.02.2023. The 2 respondent Director
of Technical Education filed Ext.P4 reply statement dated
18.05.2023.
3. On 29.05.2025, when O.A.No.516 of 2022 came up
for consideration before the Tribunal, there was no
representation for the applicant. The said fact is evident from
paragraph 5 of Ext.P5 order of the Tribunal. The Tribunal
proceeded with the matter on merits and dismissed O.A.No.516
of 2022, by Ext.P5 order, which is under challenge in this original
petition.
4. We heard arguments of the learned counsel for the
petitioner-applicant and also the learned Government Pleader for
the respondents.
5. The learned counsel for the petitioner-applicant
contended that the Tribunal committed a grave error in
dismissing O.A.No.516 of 2022 on merits, when neither the
petitioner nor his counsel was present before the Tribunal to

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address arguments. Therefore, Ext.P5 order of the Tribunal
warrants interference by this Court, in exercise of the
supervisory jurisdiction under Article 227 of the Constitution of
India.
6. On the issue raised in this original petition, we notice
the provisions under Rule 15 of the Kerala Administrative
Tribunal (Procedure) Rules, 2010, which deal with the action on
application for applicant’s default. As per sub-rule (1) of Rule 15,
w here on the date fixed for hearing of the application or on any
other date to which such hearing may be adjourned, the
applicant does not appear when the application is called on for
hearing, the Tribunal may, in its discretion, either dismiss the
application for default or hear and decide it on merit. As per sub-
rule (2) of Rule 15, where an application has been dismissed for
default and the applicant files an application within thirty days
from the date of dismissal and satisfies the Tribunal that there
was sufficient cause for his non-appearance when the application
was called for hearing, the Tribunal shall make an order setting
aside the order dismissing the application and restore the same.
As per the proviso to sub-rule (2) of Rule 15, where the case was

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disposed of on merits, the decision shall not be reopened except
by way of review. As per Rule 21, no application for review shall
be entertained unless it is filed within thirty days from the date
of the order of which the review is sought.
7. In view of the provisions contained in Rule 15 of the
Kerala Administrative Tribunal (Procedure) Rules, where on the
date fixed for hearing of the application or on any other date to
which such hearing may be adjourned, the applicant does not
appear when the application is called on for hearing, the Tribunal
may, in its discretion, either dismiss the application for default or
hear and decide it on merit. Where the case was disposed of on
merits, the decision shall not be reopened except by way of
review.
8. In view of the provisions contained in Rule 15 of the
Kerala Administrative Tribunal (Procedure) Rules, since the
Tribunal by Ext.P5 order dated 29.05.2025 heard and decided
O.A.No.516 of 2022 on merits, in the absence of the applicant or
his counsel, the remedy open to the applicant (petitioner herein),
is to seek a review of that order under the proviso to sub-rule
(2) of Rule 15, read with Rule 21, instead of challenging that

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order invoking the supervisory jurisdiction of this Court under
Article 227 of the Constitution of India.
9. In view of the law laid down by a Full Bench of this
Court in Haris K.M. and others v. Jahfar K. and others
[2020 (5) KHC 123] , the Tribunal can entertain a petition for
review beyond a period of 30 days provided in Rule 21 of the
Kerala Administrative Tribunal (Procedure) Rules, 2010, if proper
cause is shown.
In the result, this original petition filed on 08.04.2026
challenging Ext.P5 order dated 29.05.2025 of the Tribunal in
O.A.No.516 of 2022 is dismissed on the ground of
maintainability; however, without prejudice to the right of the
petitioner-applicant to seek a review of that order invoking the
provisions under the Kerala Administrative Tribunal (Procedure)
Rules, 2010.
Sd/-
ANIL K. NARENDRAN , JUDGE

Sd/-
MURALEE KRISHNA S. , JUDGE
nak

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APPENDIX OF OP(KAT) NO. 300 OF 2026

PETITIONER ANNEXURES

Annexure A1 A TRUE COPY OF GOVT. LETTER DATED 28.06.2013
Annexure A2 A TRUE COPY OF ORDERED DATED 21.10.2015
ISSUED BY THE 2ND RESPONDENT
Annexure A3 A TRUE COPY OF ORDER DATED 21.10.2015 ISSUED
2ND RESPONDENT
Annexure A4 A TRUE COPY OF REPRESENTATION SUBMITTED BY
THE APPLICANT TO THE 2ND RESPONDENT ON
27.01.2016
Annexure A5 A TRUE COPY OF LETTER NO. EB4/15971/16/DTE
DATED 21.11.2017 SUBMITTED TO GOVT. BY THE
2ND RESPONDENT
Annexure A6 A TRUE COPY OF GOVT. LETTER NO. L2-408-2017-
HEDN DATED 24.12.2019
Annexure A7 A TRUE COPY OF VERIFICATION REPORT DATED
20.04.2018 ISSUED BY 3RD RESPONDENT
Annexure A8 A TRUE COPY OF REVISED VERIFICATION REPORT
ISSUED BY THE 3RD RESPONDENT ON 27.09.2021
Annexure A9 A TRUE COPY OF ORDER DATED 30.07.2019 IN OA
NO. 1940/2017 OF THIS HON'BLE TRIBUNAL
AnnexureR1(a) TRUE COPY OF THE REPRESENTATION OF THE
APPLICANT DATED 24.02.2018
EXHIBIT P1. TRUE COPY OF THE OA.NO. 516/2022 DATED
30.03.2022 FILED BEFORE THE KAT ALONG WITH
ANNEXURES A1 TO A9
Exhibit P2 TRUE COPY OF THE REPLY STATEMENT DATE
31.01.2023
Exhibit P3 TRUE COPY OF THE REJOINDER DATED 24.02.2023
Exhibit P4 TRUE COPY OF THE ADDITIONAL REPLY STATEMENT
DATED 18.05.2023
Exhibit P5 TRUE COPY OF THE ORDER DATED 29.05.2025 IN
OANO. 516/2022 OF THE KERALA ADMINISTRATIVE
TRIBUNAL, THIRUVANANTHAPURAM