P. V. Damodaran vs Union Of India
2021 Latest Caselaw 137 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

                                   &

               THE HONOURABLE MR. JUSTICE T.R.RAVI

    TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942

                        OP (CAT).No.224 OF 2020

  AGAINST THE ORDER/JUDGMENT IN OA 363/2020 DATED 01-12-2020 OF
        CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH


PETITIONER/APPLICANT:

             P. V. DAMODARAN,
             AGED 58 YEARS,
             MCM, SMITHY SHOP,
             NAVAL SHIP REPAIR YARD NAVAL BASE,
             KOCHI - 04, RESIDING AT 'ANUGRAHAM',
             THIRUVANKULAM P. O, AMBADIMALA,
             KUREEKADU - 682 305.

             BY ADVS.
             SRI. M. B. SOORI
             SRI. K. P BALAMURALI
             SRI. T. S KRISHNAA GOKUL

RESPONDENTS/RESPONDENTS:

      1      UNION OF INDIA
             REPRESENTED BY THE SECRETARY TO DEFENCE
             154 B WING SENA BHAWAN,
             SOUTH BLOCK NEW DELHI - 110 011.

      2      CHIEF OF NAVAL STAFF,
             INTEGRATED HEADQUARTERS,
             MINISTRY OF DEFENCE (NAVY)
             DIRECTORATE OF CIVILIAN PERSONNEL
             SENA BHAWAN NEW DELHI - 110 011.

      3      THE FLAG OFFICER COMMANDING-IN-CHIEF
             (FOR CSO (P & A)
             HEADQUARTERS SOUTHERN NAVAL COMMAND
             NAVAL BASE,
             KOCHI - 04.
 OP (CAT).No.224 OF 2020

                               2


      4      THE CHIEF STAFF OFFICER (P & A)
             SOUTHERN NAVAL COMMAND
             KOCHI - 682 004.

      5      THE ADMIRAL SUPERINTENDENT,
             NSRY (K) HEADQUARTERS SOUTHERN NAVAL COMMAND,
             KOCHI - 682 004.

             R1 - R5, SRI. K. R. RAJKUMAR, SC

     THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 05.01.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (CAT).No.224 OF 2020

                                       3




              ALEXANDER THOMAS & T. R. RAVI, JJ
           -------------------------------------------------------------
                           OP (CAT) No.224 of 2020
          ---------------------------------------------------------------
                   Dated this the 5th day of January 2021



                                 JUDGMENT

ALEXANDER THOMAS, J

The prayer in the above captioned Original Petition filed

under Article 227 of the Constitution of India are as follows:-

"i) Issue a direction or order quashing Exhibit P5 order passed by the Central Administrative Tribunal, Ernakulam Bench and allow the interim relief sought in the original application as prayed for.

ii) Grant such other further relief's as this Hon'ble court may deemed fit, just and proper in the facts and circumstances of the case."

2. Heard Sri. M.B Soori, learned counsel appearing for

the petitioner/applicant in the O.A before the Tribunal,

Sri. K.R Rajkumar, learned Central Government Counsel

appearing for the respondents.

OP (CAT).No.224 OF 2020

3. After hearing both sides it is seen that the main matter

in Ext.P1 O.A No.363 of 2020 filed by the petitioner herein before

the Central Administrative Tribunal, Ernakulam is still pending

consideration. When we queried as to the status of the

completion of the pleadings, Sri. K.R Rajkumar, learned Central

Government Counsel appearing for the respondents would submit

that the respondents have already filed their reply statement in

the matter before the Tribunal. Whereas, Sri. M.B Soori, learned

counsel appearing for the petitioner/applicant would submit that

the applicant is yet to file rejoinder to the reply statement filed by

the official respondents and that the applicant would file

rejoinder thereto within a weeks' time.

4. Having regard to the fact that the main matter in the

O.A is still pending final disposal of the Tribunal, we are of the

considered view that the ends and justice would be advanced by

directing the Tribunal to take all reasonable endeavors possible in

the circumstances to ensure the final disposal of O.A No.363 of

2020 after hearing both sides without much delay preferably

within a period of one month from the date of production of a

certified copy of this judgment. The petitioner/applicant may file OP (CAT).No.224 OF 2020

rejoinder to the reply statement of the respondents without any

further delay at any rate in one week so as to complete the

pleadings and for that purpose the applicant need not wait for

receiving a certified copy of this judgment and the applicant to

emergently proceeded to ensure the filing of the rejoinder, if he

feels it so necessary. Registry will forward the certified copy of

the judgment to the Central Administrative Tribunal, Ernakulam

Bench dealing with O.A No.363 of 2020 for necessary

information.

With these observations and directions, the above Original

Petition will stand finally disposed of.

Sd/-

ALEXANDER THOMAS JUDGE

Sd/-

T.R.RAVI JUDGE SPR OP (CAT).No.224 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORIGINAL APPLICATION OA/180/00363/2020 FILED BY THE PETITIONER BEFORE THE HON'BLE CAT, ERNAKULAM BENCH.

ANNEXURE A1 TRUE COPY OF THE ORDER NO.CS2760/25 DATED 01-01-2019 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT.

ANNEXURE A2 TRUE COPY OF THE ORDER NO.CS2760/25 DATED 20-02-2020 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT.

ANNEXURE A3 TRUE COPY OF THE ORDER NO.PA/03/5030/14 DATED 10-06-2020, ISSUED FROM THE OFFICE OF THE 5TH RESPONDENT.

ANNEXURE A15 TRUE COPY OF THE ORDER NO.CS2760/25 DATED 24-07-2020 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT.

ANNEXURE A4 TRUE COPY OF THE CONFIRMATION ORDER OF THE APPOINTMENT OF THE APPLICANT DATED 21-0-1991.

ANNEXURE A5 TRUE COPY OF THE REPRESENTATION DATED 14-01-2019 SUBMITTED BY THE APPLICANT BEFORE THE 3RD RESPONDENT.

ANNEXURE A6 TRUE COPY OF THE REPRESENTATION DATED 26-02-2020 SUBMITTED BY THE APPLICANT BEFORE THE 3RD RESPONDENT.

ANNEXURE A7 TRUE COPY OF THE TRANSFER POLICY BEARING NO.CP(G)/2601/TRANSFER POLICY, DATED 11-08-2015, ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT.

ANNEXURE A8 TRUE COPY OF THE LETTER DATED 25-06-

2013 SUBMITTED BY THE APPLICANT BEFORE THE 3RD RESPONDENT.

OP (CAT).No.224 OF 2020

ANNEXURE A9 TRUE COPY OF THE CASE SUMMARY AND DISCHARGE RECORD ISSUED FROM THE SREE CHITRA MEDICAL INSTITUTE, TRIVANDRUM.

ANNEXURE A10 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED FROM THE MEDICAL TRUST HOSPITAL DATED 12-06-2020.

ANNEXURE A11 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED FROM THE MEDICAL TRUST HOSPITAL DATED 25-07-2019.

ANNEXURE A12 TRUE COPY OF THE DISCHARGE SUMMARY ISSUED FROM THE MEDICAL TRUST HOSPITAL, ERNAKULAM.

ANNEXURE A13 TRUE COPY OF THE ORDER DATED 18-06-

2020 IN OA NO.240/2020 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.

ANNEXURE A14 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE APPLICANT BEFORE THE 3RD RESPONDENT WITHOUT ANNEXURES.

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 10-08-

2020 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH.

EXHIBIT P3 TRUE COPY OF THE ORDER SHEET DATED 10-

09-2020 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH.

EXHIBIT P4 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 4TH RESPONDENT.

ANNEXURE R1 TRUE COPY OF REPRESENTATION SUBMITTED BY THE APPLICANT DATED 9 MARCH 2020.

ANNEXURE R2 TRUE COPY OF HQSNC LETTER CS 2760/25 DATED 28TH MARCH 2019.

EXHIBIT P5 TRUE COPY OF THE ORDER DATED 01-12-

2020 IN O.A 363 OF 2020 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH.

OP (CAT).No.224 OF 2020

EXHIBIT P6 TRUE COPY OF THE CERTIFICATE DATED 3-

12-2020 ISSUED FROM MEDICAL TRUST HOSPITAL, ERNAKULAM.

EXHIBIT P7 TRUE COPY OF THE LEAVE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 03-12-2020.

    RESPONDENT'S/S EXHIBITS:      NIL.