Kerala High Court
Superintendent Of Rms vs Superintendent Of Rms on 2 February, 2021
OP (CAT).No.65/2018 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942
OP (CAT).No.65 OF 2018(Z)
AGAINST THE ORDER IN OA 180/00413/2017 DATED 31-08-2017 OF
CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS/RESPONDENTS IN OA:
1 SUPERINTENDENT OF RMS
'CT' DIVISION, KOZHIKODE-673 012.
2 POSTMASTER GENERAL
NORTHERN REGION, KOZHIKODE-673 011
3 CHIEF POSTMASTER GENERAL
KERALA CIRCLE, THIRUVANANTHAPURAM-695 033
4 UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
MINISTRY OF COMMUNICATIONS,
NEW DELHI-110 001
BY ADVS.
ASSISTANT SOLICITOR GENERAL
SRI.T.V.VINU, CGC
RESPONDENT/APPLICANT IN OA:
KALI V.P.
D/O.LATE CHEKKAN, MULTI TASKING STAFF (RETIRED)
SUB RECORD OFFICE, RAILWAY MAIL SERVICE,
TIRUR,RESIDING AT VARIYATHPARAMBIL HOUSE,
KUTTIPPURAM P.O.,679 571.
BY ADV. SRI.ANTONY MUKKATH
BY ADV. SRI.AKHIL VENUGOPAL
BY ADV. SRI.O.V.RADHAKRISHNAN SR.
BY ADV. SMT.K.RADHAMANI AMMA
BY ADV. SRI.H.VISHNUDAS
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 02.02.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (CAT).No.65/2018 2
ALEXANDER THOMAS & T.R. RAVI, JJ.
------------------------------------------------
O.P.(CAT) No.65 of 2018
[Arising out of order dated 31.08.2017 in
O.A.No.180/00413/2017 of Central Administrative Tribunal,
Ernakulam Bench ]
--------------------------------------------------
Dated this the 2nd day of February, 2021
JUDGMENT
ALEXANDER THOMAS, J.
The prayer in the aforecaptioned Original Petition (CAT) filed under
Articles 226 and 227 of the Constitution of India is as follows:
"(i).... to set aside Ext.P3 order in O.A.No.180/00413/2017 dated
31.08.2017 issued by the Central Administrative Tribunal,
Ernakulam Bench, in the interest of justice ."
2. The Postal Department of the Union Government and the
competent officials concerned, who are arrayed as respondents in the instant
OA, have approached this Court filing the present original petition so as to
seek quashment and setting aside of the impugned Ext.P3 final order dated
31.08.2017 rendered by the Central Administrative Tribunal, Ernakulam
Bench in O.A.No.413/2017. The sole respondent herein (original applicant)
had approached the Tribunal by filing Ext.P1 OA seeking, inter alia, for a
declaraion that the original applicant is legally entitled to be conferred with
temporary status with effect from 15.4.1987 and to treat her at par with
Group D with effect from 15.4.1990 in accordance with Annexure A6 Scheme,
with all consequential benefits. According to the petitioners, the Tribunal
without analysing the pleadings in the proper perspective and without
adjudicating the issues involved, had proceeded on the wrong notion that the
petitioners had regularised the applicant, by misconstruing the statement
made in Ext.P3 reply statement and that the Tribunal has failed to adjudicate
the issues on merits, taking note of the pleadings placed before it and that
Ext.P3 order reflects non-application of mind.
3. Heard Sri.T.V.Vinu, learned Central Government Counsel
appearing for the petitioners/respondents in the OA and Sri Antony
Mukkath, learned Advocate appearing for the sole respondent in the OP/sole
applicant in the OA before the Tribunal.
4. After hearing both sides and after going through the pleadings
and materials on record, more particularly, the impugned Ext.P3 order
rendered by the Tribunal in the above OA, it can be seen that the main
ground on which the Tribunal has granted the relief is on the basis of an
averment in the reply statement that the original applicant was regularised in
service. Sri T.V.Vinu, learned Central Government Counsel appearing for the
petitioners in the OP would submit that all what has been averred in
paragraph No.2 of Ext.P2 filed by the respondents in the OA/petitioners
herein is that the original applicant was posted as a matter of regular
measure and that the said averment does not mean that the respondents in
the OA had actually regualirsed the service of the original applicant. Per
contra, Sri Antony Mukkath, learned counsel appearing for the original
applicant would submit that as a matter of fact the original applicant was
actually regularly appointed in 2010.
5. A reading of the impugned Ext.P3 final rendered by the Tribunal
would indicate that none of the rival contentions has been adverted to and
considered on merits and that therefore we are of the considered view that
the matter requires reconsideration at the hands of the Tribunal so as to
adjudicate the case on merits, after affording reasonable opportunity of being
heard to both sides. To effectuate such a remit, it is ordered in the interest of
justice that the impugned Ext.P3 order will stand set aside and consequently
the matter in Ext.P1 O.A.No.413/2017 will stand remitted to the file of the
Central Administrative Tribunal, Ernakulam Bench for consideration and
decision afresh. Both sides submit that no additional pleadings are required
and that the case can be decided on merits by the Tribunal, after hearing both
sides, on the basis of the existing pleadings and materials on record. Hence,
it is ordered in the interest of justice that the Central Administrative
Tribunal, Ernakulam Bench will ensure early final disposal of
O.A.No.413/2017, after affording reasonable opportunity of being heard to
both sides, without much delay, preferably within six weeks from the date of
production of a certified copy of this judgment, at any rate, well before
31.03.2021. We make it clear that we have not entered into the merits of the
controversy in any manner and adjudication of the rival pleas in the OA after
due consideration of the merits of the matter will fall solely and exclusively
within the domain of the Tribunal.
6. The Registry will forward a copy of this judgment to the Central
Administrative Tribunal, Ernakulam Bench who dealt with O.A.No.413/2017
for necessary information and further action.
With these observations and directions, this OP(CAT) will stand
disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-/-
T.R. RAVI, JUDGE
dsn
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORIGINAL APPLICATION IN OA
NO.180/00413/2017 DATED 07.05.2017 FILED BY THE
RESPONDENT BEFORE THE HON'BLE CAT, ERNAKULAM
BENCH.
ANNEXURE A1 TRUE COPY OF THE EXPERIENCE CERTIFICATE DATED
05.12.1997 ISSUED BY THE SUB RECORD OFFICER,
RMS, CT DIVISION, KUTTIPURAM
ANNEXURE A2 TRUE COPY OF THE MEMO NO.SRO/MAZDOOR - 99 DATED
26.08.1999 OF THE SUB RECORD OFFICER, RMS
KUTTIPURAM.
ANNEXURE A3 TRUE COPY OF THE MEMO NO.SRO/MAZDOOR/2000 DATED
20.01.2000 OF THE SUB RECORD OFFICER, RMS
KUTTIPURAM.
ANNEXURE A4 TRUE COPY OF THE MEMO NO.B2/MM/POSTING DATED
16.07.2010 OF THE 1ST RESPONDENT.
ANNEXURE A5 TRUE COPY OF THE MEMO NO.MM/RECT/10 DATED
17.07.2010 OF THE SUB RECORD OFFICER, RMS 'CT'
DIVISION, TIRUR.
ANNEXURE A6 TRUE COPY OF THE DEPARTMENT OF POSTS ISSUED
CASUAL LABOURERS (GRANT OF THE TEMPORARY STATUS
AND REGULARISATION) SCHEME, AS PER OM DATED
12.04.1991.
ANNEXURE A7 TRUE COPY OF THE REPRESENTATION DATED
22.10.1994 OF THE APPLICANT TO THE 1ST
RESPONDENT.
ANNEXURE A8 TRUE COPY OF THE GOVERNMENT OF INDIA DEPARTMENT
OF POSTS LETTER NO.66-9/91-SPB.I DATED
30.11.1992
ANNEXURE A9 TRUE COPY OF THE ORDER DATED 17.03.2010 IN OA
NO.397 OF 2009 PUBLISHED IN THE JOURNAL RMS
MAZDOOR MAY, 2010.
ANNEXURE A10 TRUE COPY OF THE LETTER NO.1575/GPF/CPFM/WDI/C-
267 DATED 18.11.2016 OF THE SR. ACCOUNTS
OFFICER (GPF/NPS), OFFICE OF THE DIRECTOR OF
ACCOUNTS (POSTAL) TRIVANDRUM.
ANNEXURE A11 TRUE COPY OF THE ORDER DATED 06.03.2013 IN OA
NO.164 OF 2012 OF THIS HON'BLE TRIBUNAL.
ANNEXURE A12 TRUE COPY OF THE OP(CAT)NO.4063 OF 2013
JUDGMENT DATED 27.01.2014 OF THE HON'BLE HIGH
COURT OF KERALA.
EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT DATED
24.08.2017, FILED BY THE PETITIONERS.
ANNEXURE R1 TRUE COPY OF THE DIRECTORATE LETTER
NO.01.07/2016 SPB-1 DATED 22.07.2016.
ANNEXURE R2 TRUE COPY OF THE DIRECTORATE LETTER NO.66-
52/92-SPB-1 DATED 01.11.1995
ANNEXURE R3 TRUE COPY OF THE CORRIGENDUM ISSUED DATED
08.11.1995
ANNEXURE R4 TRUE COPY OF THE MEMO NO.B-II/RECTT/MM/02 DATED
30.07.2010
ANNEXURE R5 TRUE COPY OF THE DIRECTORATE LETTER NO.45/37/91
SPSB DATED 16.08.1991
EXHIBIT P3 TRUE COPY OF THE ORDER IN O.A.NO.180/00413/2017
DATED 31.08.2017 OF THE CENTRAL ADMINISTRATIVE
TRIBUNAL, ERNAKULAM BENCH.
