Kerala High Court
V.Prajith vs Chief Commissioner Of Central Tax ... on 13 August, 2021
OP (CAT) No.53/2021 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
Friday, the 13th day of August 2021 / 22nd Sravana, 1943
OP (CAT) NO. 53 OF 2021
(AGAINST THE ORDER DATED 12/07/2021 IN OA 680/2019 OF CENTRAL ADMINISTRATIVE
TRIBUNAL,ERNAKULAM BENCH)
PETITIONER/APPLICANT:
V.PRAJITH, S/O LATE KORUKUTTY,AGED 38 YEARS ,THEJUS HOUSE,
THAMARAKUZHI, MALAPPURAM DISTICT-676 505.
RESPONDENTS/RESPONDENTS:
1. CHIEF COMMISSIONER OF CENTRAL TAX AND CUSTOMS ,CENTRAL REVENUE
BUILDINGS, I.S. PRESS ROAD, COCHIN-682 018.
2. PRINCIPAL COMMISSIONER OF CENTRAL TAX & CUSTOMS, CENTRAL REVENUE
BUILDINGS, I.S.PRESS ROAD, COCHIN-682 018.
3. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE,
MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI-110 001.
OP (CAT) praying inter alia that in the circumstances stated in the
affidavit filed along with the OP (CAT) the High Court be pleased to order
that no fresh appointment should be made to the post of Tax assistant
/Havildar till the disposal of the Original Petition .
This petition coming on for admission on 13/08/2021 upon perusing
the petition and the affidavit filed in support of OP (CAT) and upon
hearing the arguments of M/S.C.S.GOPALAKRISHNAN NAIR, RASHMI K.R.,
Advocates for the petitioner, and of SHRI.P.VIJAYAKUMAR, ASG OF INDIA, for
the respondents, the court passed the following:
OP (CAT) No.53/2021 2/4
APPENDIX OF OP (CAT) 53/2021
ANNEXURE A15 TRUE COPY OF THE COMMON JUDGMENT DATED 13.8.2018 IN
OP(CAT) NO 125/2018 AND CONNECTED CASES OF HON'BLE HIGH
COURT OF KERALA
OP (CAT) No.53/2021 3/4
ALEXANDER THOMAS & A. BADHARUDEEN, JJ.
===============================================
OP(CAT)No.53/2021
(Arising out of the order dated 12.7.2021 in O.A.No.680/2019 of the Central
Administrative Tribunal, Ernakulam Bench
===============================================
Dated this the 13th day of August, 2021
ORDER
Sri.P.Vijayakumar, learned Asst.Solicitor General of India will
get specific instructions from the competent authority among the
respondents if the petitioner had been considered for future
selection, which is the impugned present selection, without the
conduct of Endurance test as undertaken by the respondent - Union
Government before the Division Bench of this Court in Annexure
A15 judgment dated 13.8.2018 in OP(CAT) No.125/2018, then as to
whether the petitioner could have been selected for any of the
vacancies in question for compassionate appointment. In other
wards, the learned Assistant Solicitor General of India will
specifically apprise this Court as to whether if the petitioner had not
been made to undergo the endurance test for the present selection
process, whether he would have been selected to one of the vacancies
set apart for the said compassionate appointment quota and also as
to the exact number of posts or vacancies set apart for
OP (CAT) No.53/2021 4/4
OP(CAT)No.53/2021
compassionate appointment quota for the present selection process
and as to whether the said computation of the vacancies to the
compassionate quota was in accordance with the norms of 5% of
vacancies arising for direct recruitment. Since this is almost the
third round of litigative proceedings and taking into consideration
the undertaking made by the respondents, before the Division Bench
of this Court in Annexure A15, we feel that the consideration of this
matter should not be prolonged any further and case would be
considered for disposal in the admission stage itself. Hence the
respondents shall furnish precise factual instructions to the learned
ASGI, so that the matter could be dealt with in the admission list
itself by the next posting date or immediately thereafter.
List this case on 8.9.2021.
H/O.
Sd/
ALEXANDER THOMAS, JUDGE
sd/
A. BADHARUDEEN, JUDGE
jm/
13-08-2021 /True Copy/ Assistant Registrar
