Kerala High Court
Union Of India vs Sheeba B on 5 June, 2024
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
OP (CAT) NO. 304 OF 2016
AGAINST THE ORDER/JUDGMENT DATED 15.2.2016 IN OA NO.20 OF
2015 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH
PETITIONERS/RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
MINISTRY OF COMMUNICATION, DEPARTMENT OF POSTS,
NEW DELHI-110011
2 THE CHIEF POSTMASTER GENERAL
KERALA CIRCLE, THIRUVANANTHAPURAM-695033.
3 THE SUPERINTENDENT OF POST OFFICE
DEPARTMENT OF POSTS, VADAKARA DIVISION,
VADAKARA, KOZHIKODE-673101
4 THE SUPERINTENDENT OF POST OFFICE
DEPARTMENT OF POSTS, KANNUR-670001.
BY ADV SRI.T.V.VINU, CGC
RESPONDENTS/APPLICANTS:
1 SHEEBA B.
AGED:32 YEARS, W/O PRAVEEN.K, POSTAL ASSISTANT,
KARIVALLUR PO-670521, RESIDING AT 'PARVATHI',
KARIVELLUR, KANNUR DISTRICT
2 SHINOY P
AGED:34 YEARS, S/O MUKUNDAN N.P, POSTAL
ASSISTANT, THALASSERY HEAD POST OFFICE-670691,
RESIDING AT NEELAMPARAMBIL HOUSE, VELLAYIL,
PATHAYAKKUNNU, THALASSERY, KANNUR DISTRICT.
BY ADV SRI.U.BALAGANGADHARAN
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON
05.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP (CAT) NO. 304 OF 2016
2
AMIT RAWAL & EASWARAN S., JJ.
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OP(CAT) No.304 of 2016
-------------------------------------
Dated this the 5th day of June, 2024
JUDGMENT
Easwaran S.,J.
The original petition is filed by the Union of India
aggrieved by the order of the Central Administrative Tribunal
dated 15.2.2016 allowing original application No.20/2015 and
declaring that the applicants are deemed to have been
appointed from the date of arising of the vacancy and that they
shall be included in the CCS (Pension) Rules, 1972.
2. When the matter is taken up for consideration today,
the learned Central Government Counsel appearing for the
petitioners submitted that the issue raised in the original
petition is covered by the judgment of a Coordinate Bench of
this Court in Union of India v. M.O.Antony [OP(CAT)
No.85/2016], wherein a similar issue was considered by the
Division Bench and the orders of the Central Administrative
Tribunal were set aside.
OP (CAT) NO. 304 OF 2016
3. We have heard Sri.T.V.Vinu, learned Central
Government Counsel appearing for the petitioners as well as
Sri.U.Balagangadharan, learned counsel appearing for the
respondents/applicants.
4. The learned counsel appearing for the respondents/
applicants would concede before this Court that the judgment
in M.O.Antony (supra) would govern the issue, however with a
slight distinction that during the pendency of the original
application, the Department themselves have come up with an
Office Memorandum stating that the persons, who were
appointed to the vacancies which existing prior to 01.01.2004
and where notifications were issued before 01.01.2004 such
selection, would be governed by the CCS (Pension) Rules,
1972.
5. We have perused the judgment of the Division Bench
in M.O.Antony (supra) [OP(CAT) 85/2016] and have
considered the rival submissions raised across the bar.
6. In answer to the contention raised by the learned
counsel for the respondents/applicants, Sri.T.V.Vinu, learned
Central Government Counsel appearing for the petitioners,
OP (CAT) NO. 304 OF 2016
would submit that the said office memorandum will not apply to
the case of the applicants herein, since their case is not covered
by the said office memorandum. He would further point out
that the applicants herein were recruited in the year 2005 and
therefore, the said office memorandum will not apply. We are
inclined to accept the above reasoning of the learned counsel
for the petitioners. Therefore in our view the said office
memorandum will not apply.
7. On an analysis of the points raised before us, we are
of the considered view that the issue raised in this Original
Petition is squarely covered by the judgment of the Coordinate
Bench of this Court M.O.Antony (supra) [OP(CAT)
No.85/2016]. Accordingly, we allow the Original Petition and
set aside Ext.P3 order dated 15.2.2016 of the Central
Administrative Tribunal and dismiss O.A.No.20/2015. No order
as to costs. Sd/-
AMIT RAWAL
JUDGE
Sd/-
EASWARAN S.
JUDGE
jg
OP (CAT) NO. 304 OF 2016
APPENDIX OF OP (CAT) 304/2016
PETITIONER ANNEXURES
EXHIBIT P1 TRUE COPY OF THE ORIGINAL APPLICATION IN OA
20/2015, DATED 6/1/2015 FILED BY THE RESPONDENTS
ANNEXURE A6 TRUE COPY OF THE LETTER NO.BS-201 DATED 16.1.2014
ISSUED BY THE 4TH RESPONDENT.
ANNEXURE A7 TRUE COY OF THE LETTER NO.B1/52/GIG DATED 8.1.2014
ISSUED BY THE 3RD RESPONDENT.
ANNEXURE A1 TRUE COPY OF THE ORDER NO.B1/168/DLG DATED
9.11.2014 ISSUED BY THE 3RD RESPONDENT.
ANNEXURE A2 TRUE COPY OF THE COMMUNICATION NO.B/57/DLG DATED
11.2.2005 ISSUED BY THE 3RD RESPONDENT.
ANNEXURE A3 TRUE COPY OF THE NOTIFICATION NO.5/7/2003 ECR DATED
22.12.2003 ISSUED BY THE MINISTRY OF FINANCE.
ANNEXURE A4 TRUE COPY OF THE LETTER OF IST APPLICANT DATED
28.12.2013 TO THE 3RD RESPONDENT.
ANNEXURE A5 TRUE COPY OF THE LETTER OF THE 2ND APPLICANT DATED
2.1.2014 SUBMITTED TO THE 3RD RESPONDENT.
ANNEXURE A8 TRUE COPY OF THE ORDER DATED 28.6.2013 OF THIS
HON'BLE TRIBUNAL.
EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT IN OA NO. 20/2015
DATED 13/2/2015 FILED BY THE PETITIONERS
ANNEXURE R3(A) TRUE COPY OF THE NOTIFICATION NO.RECTT/4-3/2013
DATED 3.3.2004.
ANNEXURE R3(B) TRUE COPY OF THE NOTIFICATION PUBLISHED IN THE
LEADING DAILY MALAYALA MANORAMA ON 6.3.2004.
ANNEXURE R3(C) TRUE COPY OF THE APPLICATION OF THE IST APPLICANT.
ANNEXURE R3(D) TRUE COPY OF THE APPLICATION OF THE 2ND APPLICANT.
ANNEXURE R3(E) TRUE EXTRACT OF RULE 14 OF CCS PENSION RULES.
ANNEXURE R3(F) TRUE EXTRACT OF RULE 13 OF CCS PENSION RULES-1972.
EXHIBIT P3 TRUE COPY OF THE ORDER IN OA NO. 180/00020/2015,
DATED 15/2/2016 OF THE CENTRAL ADMINISTRATIVE
TRIBUNAL, ERNAKULAM BENCH
