Kerala High Court
M. K. Amalraj vs Union Of India on 7 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942
OP (CAT).No.223 OF 2020
AGAINST THE PROCEEDINGS IN OA 619/2020 OF CENTRAL ADMINISTRATIVE
TRIBUNAL,ERNAKULAM BENCH
PETITIONER/PETITIONER IN OA:
M. K. AMALRAJ
AGED 29 YEARS
S/O. K. K. KUNJAN, WORKING AS POSTMAN,
CSEZ P. O., KOCHI - 682037,
RESIDING AT MADATHIMUGAL HOUSE,
VALAYANCHIRANGARA P. O., RUBBER PARK,
ERNAKULAM - 683556.
BY ADVS.
SRI.NIRMAL V NAIR
SHRI.AKHIL ALPHONSE G.
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF POSTS,
MINISTRY OF COMMUNICATION, NEW DELHI.
2 CHIEF POST MASTER GENERAL
KERALA CIRCLE, THIRUVANANTHAPURAM - 695 033.
3 ASSISTANT POST MASTER GENERAL (STAFF)
OFFICE OF THE CPMG, KERALA CIRCLE,
TRIVANDRUM - 695 033.
4 SENIOR SUPERINTENDENT OF POSTS
ERNAKULAM DIVISION, ERNAKULAM - 682 011.
5 ASSISTANT SUPERINTENDENT OF POST OFFICES
ERNAKULAM SUB DIVISION, ERNAKULAM - 682 024.
R1-5 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 07.01.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (CAT).No.223 OF 2020
2
ALEXANDER THOMAS & T.R.RAVI, JJ.
=======================
O.P.(CAT) No. 223 of 2020
=======================
Dated this the 07th day of January, 2021
JUDGMENT
ALEXANDER THOMAS, J.
The prayers in the above O.P.(CAT) filed under Article 227 of
the Constitution of India is as follows:
"(i) To direct the respondents 2 to 5 permit the
petitioner to appear for the LDCE for promotion to the
post of Postal Assistant/Sorting Assistant pursuant to
Annexure A7 notification scheduled on 20.12.2020 or
any deferred date and to consider him for promotion to
the available vacancies of Postal Assistant/Sorting
Assistant in accordance with his merit and eligibility in
such selection;
(ii) grant such other relief as may be prayed for and
the court may deem fit to grant, and ;
(iii) grant the costs of this Original Petition (CAT)
This Court has passed an interim order in this O.P which
reads as follows:
"It is brought to our notice that, though
O.A.No.619/2020 has been filed and an interim order has
been sought for to provisionally permit the
applicant/petitioner to appear in the Limited
Departmental Competitive Examination (LDC
Examination for short) for appointment to the post of
Postal Assistant/sorting Assistant pursuant to the
notification dated 9.11.2020, no interim order has been
passed by the Tribunal.
2. Having regard to the fact that the
petitioner has a specific contention that he is entitled to
get notional appointment effective from 16.11.2016, from
OP (CAT).No.223 OF 2020
the date on which similarly placed candidate were
permitted to write the LDC Examination, he should also
be permitted to write the examination, subject to the final
disposal of the original application.
3. Having regard to the aforesaid factual
situation, we are of the view that if an interim order is not
granted, it will render substantial injustice, especially in
the matter relating to the right to participate in the
examination.
4. In the result, the following interim order is
passed:
The 4th respondent shall permit the petitioner to
participate in the LDC examination which is scheduled to
be held on 20.12.2020."
2. Since the petitioner has filed the instant O.A. as the
limited interim relief sought for by him was not by then posted
before the Tribunal, and this Court has granted the said interim
relief as per the above order dated 18.12.2020, the main matter
in original application is pending before the Tribunal. It is made
clear that the said order dated 18.12.2020, rendered by this Court
in this original petition shall be treated as the interim order in
the pending O.A.No.619/2020 of Central Administrative
Tribunal, Ernakulam Bench, which will be subject to the result of
the OA. The petitioner seeks for direction for provisional
declaration of the results pursuant to the written examination he
was participated. In case the petitioner is pressing for any such
interim relief, it is for him to file appropriate miscellaneous
OP (CAT).No.223 OF 2020
application before the Tribunal, for making out of any such
interim relief and its for the Tribunal to take decision thereon
after hearing both sides.
Needless to say, its for the parties to immediately complete
the pleading and seek for expeditious final disposal of the main
matter in O.A.No.619/2020 now pending before the CAT
Ernakulam Bench. In view of the interim order passed by this
Court on 18.12.2020 in this O.P, this matter has become
practically infructuous in this petition.
With these observations and directions, and with the said
liberty the above original petition (CAT) will stand disposed of .
Sd/-
ALEXANDER THOMAS
JUDGE
Sd/-
T.R.RAVI
JUDGE
VPK
OP (CAT).No.223 OF 2020
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE ORIGINAL APPLICATION.
ANNEXURE A1 A TRUE COPY OF THE FINAL ORDER DATED
27.11.2015 IN OA 835/2012 ON THE FILES OF
THE HONOURABLE TRIBUNAL.
ANNEXURE A2 A TRUE COPY OF THE INTERIM ORDER DATED
05.10.2016 IN OA 836/2016 ON THE FILES OF
THIS HONOURABLE TRIBUNAL.
ANNEXURE A3 A TRUE COPY OF THE RELEVANT PORTION OF MEMO
NO.B-6/11-2/2016-17 DATED 16.11.2016 ISSUED
BY THE 4TH RESPONDENT.
ANNEXURE A4 A TRUE COPY OF THE ORDER DATED 17.03.2017
IN OA 836/2016 ON THE FILES OF THIS
HONOURABLE TRIBUNAL.
ANNEXURE A5 A TRUE COPY OF THE MEMO NO.B-6/11-2/2016-17
DATED 14.11.2017 ISSUED BY THE 4TH
RESPONDENT.
ANNEXURE A6 A TRUE COPY OF THE ORDER NO.B-3/13-1 DATED
08.06.2020 ISSUED BY THE 4TH RESPONDENT.
ANNEXURE A7 A TRUE COPY OF THE NOTIFICATION
NO.RECTT/10-3/2020 DATED 09.11.2020 ISSUED
BY THE 2ND RESPONDENT.
ANNEXURE A8 A TRUE COPY OF THE APPLICATION DATED
27.11.2020 SUBMITTED BY THE PETITIONER.
