Kerala High Court
Union Of India vs B.Suja on 23 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Tuesday, the 23rd day of November 2021 / 2nd Agrahayana, 1943
OP (CAT) NO. 66 OF 2021
AGAINST THE ORDER IN O.A NO . 180/00401/2020 DATED 09.04 2021 OF THE CENTRAL
ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS/RESPONDENTS IN OA:
1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA,
MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, NEW DELHI-110001.
2. THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF PERSONNEL,
PUBLIC GRIEVANCES AND PENSIONS, DEPARTMENT OF PERSONNEL AND
TRAINING, NEW DELHI-110001.
3. THE CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL, WEST BLOCK
NO.2, R.K. PURAM, NEW DELHI-110006, THROUGH ITS REGISTRAR.
RESPONDENT/APPLICANT IN OA:
B.SUJA, 50 YEARS W/O. K.N. ANIL KUMAR, FORMERLY ASSISTANT
REGISTRAR, CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL,
CHENNAI-600006, RESIDING AT VI/644A, HARIHARAIYER ROAD,
PERUMBAVOOR-683542, ERNAKULAM DISTRICT.
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 set
aside Ext P3 order in O.A NO 180/0401/2020 dated 09.04.2020 of the Central
Administrative Tribunal Ernakulam Bench, in the interest of justice.
This petition coming on for orders on 23/11/2021, upon perusing the
petition and the affidavit filed in support of OP (CAT) and this courts
order dated 16/11/21 and upon hearing the arguments of MANU S., ASG OF
INDIA for the petitioners, and of M/S. T.C.GOVINDASWAMY, KALA T.GOPI,
B.NAMADEVA PRABHU, Advocates for the respondents, the court passed the
following:
ORDER
ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
============================================
OP(CAT) No. 66 of 2021
[arising out of the impugned order dated 9.4.2021 in
O.A. No. 180/00401/2020 on the file of the CAT, Ernakulam Bench]
=============================================
Dated this the 23rd day of November, 2021
ORDER
We had earlier requested the learned Assistant Solicitor
General of India to secure instructions as to whether as of now there
is any vacancy in the post of Assistant Registrar to accommodate the
applicant, as ordered by the Tribunal in the impugned judgment.
This we had said so, since, Sri.T.C.Govinda Swamy, learned counsel
appearing for the respondent herein/original applicant, had
submitted on the basis of instructions that as of now there are
6 vacancies in the post of Assistant Registrar of Customs, Excise and
Service Tax Appellate Tribunal (CESTAT) and that the applicant can
be easily accommodated in one such vacancy.
2. Now, it is submitted by Sri.S.Manu, learned Assistant
Solicitor General of India, appearing for the petitioners in the O.P.
on the basis of instructions that as of now, there are altogether
5 vacancies in the post of Assistant Registrar of the CESTAT, out of
which 2 vacancies are in General category, 2 vacancies are set apart
for OBC recruitment and 1 vacancy is set apart for SC/ST
recruitment, and that all the 5 vacancies have been report to the
Union Public Service Commission (UPSC).
OP(CAT) No. 66 of 2021
..2..
3. Since, the abovesaid action of the petitioners in the
O.P./respondents in the O.A. is a lis pendens action and that too
during the pendency of the O.P. and the period after disposal of that
O.A. including the period of pendency of this O.P., it is ordered that
1 vacancy in the General category in the post of Assistant Registrar of
the CESTAT, shall not be utilized for any purpose either by the Union
Government or any other authority, until the orders of this Court in
this case.
4. The learned Assistant Solicitor General of India will
communicate copy of this order to the petitioners in the
O.P./respondents in the O.A. for necessary information and
compliance.
List the case for orders on the top of Part-II Admission List on
3.12.2021.
Hand over.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
VIJU ABRAHAM, JUDGE
MMG
23-11-2021 /True Copy/ Assistant Registrar
