Union Of India vs P.Janaki
2024 Latest Caselaw 5599 Ker

Kerala High Court

Union Of India vs P.Janaki on 16 February, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                   &
          THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
     FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
                        OP (CAT) NO. 212 OF 2020
        AGAINST THE ORDER/JUDGMENT IN OA 335/2019 OF CENTRAL
                ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER/S/RESPONDENTS IN ORIGINAL APPLICATION:

    1      UNION OF INDIA
           REPRESENTED BY ITS SECRETARY AND DIRECTOR GENERAL ,
           DEPARTMENT OF POSTS, DAK BHAVAN, NEW DELHI-10 001
    2      THE CHIEF POSTMASTER GENERAL,
           KERALA CIRCLE, THIRUVANANTHAPURAM-695 033.
    3      THE SENIOR SUPERINTENDENT OF POST OFFICES
           KOLLAM POST DIVISION, KOLLAM-691 001
    4      THE SUPERINTENDENT OF POST OFFICES
           PATHANAMTHITTA POSTAL DIVISION, PATHANAMTHITTA-689 645
           BY ADV P.VIJAYAKUMAR


RESPONDENT/S:

    1      P.JANAKI
           RETIRED POSTAL ASSISTANT, KULAKKADA P.O, RESIDING AT
           SOJA BHAVAN, MAVADI P.O, PUTHOOR-691 507
    2      K. MUHAMMEEDKUNJU,
           RETIRED POSTMAN, ALUMKADAVU P.O, RESIDING AT
           KOTTAKKAKATHU THEKKETHIL, VARAVILA P.O, VAVAKKAVU-690
           528
    3      G. GANDRAMATHY AMMA,
           RETIRED POSTMAN, THEVALLY P.O, RESIDING AT
           KATTOORAZHIKATH VEEDU, POOVATTOOR WEST, MAVADY P.O,
           PUTHOOR-691 507
    4      V. GOPALAKRISHNAN,
           RETIRED POSTMAN, KARUNAGAPPALLY H.O, RESIDING AT
           ELAYAMADOM, MYNAGAPPALLY P.O, PIN-690 519
    5      R. GOPINATHAN NAIR,
           RETIRED POSTMAN, KOLLAM H.O, RESIDING AT
           KANNAMANGALATHU VEEDU, KOKKADU P.O, VETTIKKAVALA -691
           538.
    6      R. JYOTHIKUMAR,
           RETIRED POSTMAN, CHAVARA P.O, RESIDING AT PRASANNA
 OP (CAT) NO. 212 OF 2020
                                   2

            BHAVANAM, PADA NORTH, KARUNAGAPPALALY-690 518
    7       T.P. SOMAN,
            RETIRED POSTMAN, KOZHANCHERRY P.O,RESIDING AT
            THAKADIYIL VEEDU, MADAMON P.O, RANNY-PERINAD,
            PATHANAMTHITTA-689 711.
    8       K.N. RAMAN,
            RETIRED POSTMAN, OMALLOOR P.O, RESIDING AT
            ULLANMELIL, PADINJATTATHIL VAZHAMUTTOM P.O,
            OMALLOOR, PATHANAMTHITTA-689 647
            BY ADV S.VISHNU


     THIS     OP     (CAT)    HAVING     BEEN    FINALLY   HEARD    ON
16.02.2024,    THE    COURT   ON   THE    SAME   DAY   DELIVERED   THE
FOLLOWING:
 OP (CAT) NO. 212 OF 2020
                                  3

                     JUDGMENT

Dated this the 16th day of February, 2024

A.MUHAMED MUSTAQUE(J)

This original petition was filed by the Union of India, as against

the judgment in O.A.No.335 of 2019 dated 25.02.2020 on the files of

the Central Administrative Tribunal, Ernakulam Bench. The issue in

this matter is covered in the light of the judgment by the Apex Court

in Civil Appeal No.2471 of 2023 and also in the judgment of this

Court in O.P.(CAT) No.171 of 2023.

Thus, the Original Petition stands dismissed.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SHOBA ANNAMMA EAPEN JUDGE

RK OP (CAT) NO. 212 OF 2020

APPENDIX OF OP (CAT) 212/2020

PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE JUDGMENT DATED 15.9.2017 IN W.P.C NO. 15732/2017 OF THE HON'BLE HIGH COURT OF MADRAS BENCH. ANNEXURE A2 TRUE COPY OF THE ORDER DATED 23.7.2018 IN SPECIAL LEAVE PETITION (CIVIL) DIARY NO. 22283 OF 2018 OF THE HON'BLE SUPREME COURT OF INDIA.

ANNEXURE A3 TRUE COPY OF REPRESENTATION DATED 18.03.2018 SENT BY THE 1ST APPLICANT TO THE 3RD RESPONDENT IN O.A. ANNEXURE A4 TRUE COPY OF THE REPRESENTATION DATED 12.03.2019 SENT BY THE 2ND APPLICANT TO THE 3RD RESPONDENT IN OA.

ANNEXURE A5 TRUE COPY OF THE REPRESENTATION DATED 14.03.2019 SENT BY THE 3RD APPLICANT TO THE 3RD RESPONDENT IN OA.

ANNEXURE A6 TRUE COPY OF THE REPRESENTATION DATED 16.03.2019 SENT BY THE 4TH APPLICANT TO THE 3RD RESPONDENT IN OA.

ANNEXURE A7 TRUE COPY OF THE REPRESENTATION DATED 14.03.2019 SUBMITTED BY THE 5TH APPLICANT TO 3RD RESPONDENT IN OA. ANNEXURE A8 TRUE COPY OF THE REPRESENTATION DATED 15.03.2019 SUBMITTED BY THE 6TH APPLICANT TO 3RD RESPONDENT IN OA. ANNEXURE A9 TRUE COPY OF THE REPRESENTATION DATED 19.03.2019 SUBMITTED BY THE 7TH APPLICANT TO 4TH RESPONDENT. ANNEXURE A10 TRUE COPY OF THE REPRESENTATION DATED 20.03.2019 SUBMITTED BY THE 8TH APPLICANT TO 4TH RESPONDENT. ANNEXURE A11 TRUE COPY OF ORDER OF THE HON'BLE SUPREME COURT IN SPECIAL LEAVE PETITION (CIVIL) DIARY NO. 22283 OF 2018. EXHIBIT P1 TRUE COPY OF THE OA NO. 180/00335/2019 FILED BY THE RESPONDENT BEFORE THE CAT, ERNAKULAM BENCH.

EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT OA NO. OP (CAT) NO. 212 OF 2020

180/00335/2019 FILED BY THE PETITIONERS BEFORE THE CAT, ERNAKULAM BENCH. EXHIBIT P3 TRUE COPY OF MA NO. 1144/2019 IN OA NO.

EXHIBIT P4 TRUE COPY OF ORDER IN OA NO.

180/00335/2019 DATED 25.02.2020 ISSUED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.