Kerala High Court
Union Of India vs Raji Vijayan on 28 May, 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.
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
OP (CAT) NO. 249 OF 2016
AGAINST THE ORDER DATED 11.08.2015 IN OA NO.972 OF 2013 OF CENTRAL
ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS/RESPONDENTS:
1 UNION OF INDIA
REP BY THE SECRETARY TO THE GOVERNMENT OF INDIA,
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS,
(DEPARTMENT OF PERSONNEL & TRAINING NEW DELHI-110001.
2 THE PRINCIPAL REGISTRAR
THE CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL
BENCH,61/35, COPERNICUS MARG, NEW DELHI-110001
3 THE REGISTRAR
CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH,
SASTHA TEMPLE ROAD KALOOR, COCHIN-682017
BY ADVS.
ASSISTANT SOLICITOR GENERAL
SRI.T.V.VINU, CGC
RESPONDENT/APPLICANT:
RAJI VIJAYAN
AGED 57 YEARS, W/O. VIJAYAKUMAR.V.R.,PRIVATE SECRETARY,
CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH
SASTHA TEMPLE ROAD, KALOOR, COCHIN-682017,
RESIDING AT KOCHUPRAKKAL(RAKHI BHAVAN) PUNNOORCODE P.O.
PAZHATHOTTAM, ALWAYE, PIN-683565,ERNAKULAM DISTRICT.
BY ADVS.
SRI.T.C.GOVINDA SWAMY
SMT.T.N.SREEKALA
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 28.05.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (CAT) NO. 249 OF 2016 -2-
JUDGMENT
AMIT RAWAL, J.
1. The present petition is directed against the
order dated 11.08.2017 in O.A.No.972 of 2013 of the
Central Administrative Tribunal, Ernakulam Bench,
whereby the prayer sought in the aforementioned
application has been disposed of in the following manner:
".........20. In the light of the above discussion,
we direct the official respondents to consider
the case of the applicant by convening a
meeting of the Departmental Promotion
Committee (DPC) which selected the applicant
for promotion as Private Secretary vide
Annexure A/3 to review and consider afresh her
selection on the vacancy-based roster with
effect from the date on which she became
eligible on her turn for inclusion in the zone of
consideration for the vacancies of Private
Secretary in the Central Administrative Tribunal
taken as a single unit. If she is found suitable for
promotion to the post of Private Secretary with
effect from the date on which her juniors i.e.
Court Masters having lesser period of service
than applicant were promoted, she shall be
promoted with effect from that date and
notionally fix her pay and seniority accordingly.
It is made clear that there is no order to pay
arrears of pay to the applicant in cash, but the
pay fixation so done shall have a reflection of
the annual increments accrued during the
interregnum on the last pay drawn at the time
when she retires from service on
superannuation. (We are told by the counsel
that the applicant is retiring in September,
2015). It is further made clear that during the
aforesaid exercise, if any of the employees are
found to be affected, respondents shall give due
notice to them and hear such persons before re-
fixing the seniority. The above directions shall
be complied with and necessary orders shall be
issued by the competent authority of the
respondents within 2 months from the date of
receipt/ presentation of a copy of this order."
2. Respondent - applicant was appointed as a
Lower Divisional Clerk in the Ministry of Home Affairs,
was granted ad hoc promotion as Stenographer Grade D
on 20.01.1982. On 26.06.1985 was appointed on regular
basis as Stenographer Grade D.
3. On 23.06.1989 was appointed on deputation to
Central Administrative Tribunal (CAT), Ernakulam Bench
as Stenographer Grade D. On 19.06.1993 was absorbed
in CAT as Stenographer Grade D and thereafter given ad
hoc promotion as Court Master (Grade C) with effect
from 08.09.1994. Her services were regularized with
effect from 01.10.1994 vide order dated 20.12.2000. By
way of O.A.No.823 of 2002, sought regularization as
Court Master with effect from 08.09.1994, which was
disposed of by the CAT on 01.03.2005.
4. On 23.02.2006, was appointed on promotion as
Court Master on notional basis with effect from
01.10.1994. On 12.11.2008, was appointed as Private
Secretary in CAT, Allahabad Bench. A representation
was submitted to the Principal Registrar, Principal
Bench, New Delhi for seeking promotion during the due
period and consequentially for seniority. Even the
Chairman was also addressed with the similar
representation. Draft seniority list of Private Secretaries
upto 30.12.2009 was circulated on 07.09.2010, which
was finalised on 29.11.2010 after considering all the
representations.
5. The grievance of the applicant was that the
respondents - petitioners herein - had not followed the
vacancy based roster and had it been so, she would have
been granted the promotion much earlier. Petitioner -
Union of India objected that the original petition was hit
by doctrine akin to delay and laches as the respondent -
applicant had acquiesced the alleged denial of the
promotion and seniority. It was contended that already
two representations of similar nature had been
dismissed. The learned CAT failed to notice this fact and
therefore, it would be a farcical exercise in complying
with the directions. It was also submitted that in the
mean while, the applicant retired from service.
6. We have heard learned counsel for the parties
and appraised the paper books and of the view that the
directions as extracted above are too innocuous and
cannot be said to be fatal for the adjudication of the
dispute for, it is upto the petitioners to take a call by
giving opportunity to the affected parties as well as the
applicant and assign all possible reasons permissible in
law.
With the aforementioned observations, the original
petition stands disposed of.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
EASWARAN S.
JUDGE
vv
APPENDIX OF OP (CAT) 249/2016
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE ORDER RENDERED BY
THIS HON'BLE TRIBUNAL IN
OA.NO.823/2002 DATED 01.03.2005.
ANNEXURE A2 TRUE COPY OF OFFICE ORDER
NO.F.NO.1/4/2006-ESTT.II DATED
23.02.2006 BY 2ND RESPONDENT.
ANNEXURE A3 TRUE COPY OF OFFICE ORDER
NO.PB/1/4/2007-ESTT.I DATED 12.11.2008
BY 2ND RESPONDENT.
ANNEXURE A4 TRUE COPY OF REPRESENTATION DATED
27.07.2009 SUBMITTED BY THE APPLICANT.
ANNEXURE A5 TRUE COPY OF REPRESENTATION DATED
19.11.2009 SUBMITTED BY THE APPLICANT.
ANNEXURE A6 TRUE COPY OF LETTER NO.PB/2/4/2007
ESTT.I 17.08.2009 BY 2ND RESPONDENT.
ANNEXURE A7 TRUE COPY OF REPRESENTATION DATED
30.09.2010 SUBMITTED BY THE APPLICANT.
ANNEXURE A8 TRUE COPY OF FINAL SENIORITY LIST OF
PRIVATE SECRETARIES UPTO 30.12.2009
PUBLISHED BY THE 2ND RESPONDENT UNDER
NO.PB/7/1/2010-ESTT.I.
ANNEXURE A9 TRUE COPY OF DRAFT SENIORITY OF
PRIVATE SECRETARIES AS ON 31.12.2012
PUBLISHED ON BEHALF OF THE 2ND
RESPONDENT.
ANNEXURE A10 TRUE COPY OF REPRESENTATION DATED
29.04.2013 SUBMITTED BY THE APPLICANT.
ANNEXURE A11 TRUE COPY OF LETTER NO.PB/17/8/2005-
ESST.I DATED 25.06.2013 ISSUED ON
BEHALF OF THE 2ND RESPONDENT.
ANNEXURE A12 TRUE COPY OF THE FINAL SENIORITY LIST
OF PRIVATE SECRETARIES AS ON
01.01.2013 BY 2ND RESPONDENT.
ANNEXURE A13 TRUE COPY OF THE AMENDED RECRUITMENT
RULES, 1998 RELATING TO THE POST OF
PRIVATE SECRETARIES.
ANNEXURE R1 TRUE COPY OF THE DOPT OM DATED
19.01.2007.
ANNEXURE R2 TRUE COPY OF THE RELEVANT EXTRACT OF
SWAMY'S-ESTABLISHMENT AND
ADMINISTRATION.
ANNEXURE MA1 TRUE COPY OF LETTER NO.A-12011/1/2011-
AT DATED 06.05.2014 ALONG WITH REVISED
RR.
EXHIBIT P1: TRUE COPY OF THE OA NO.972 OF 2013
DATED 30.9.2013 FIELD BY THE
RESPONDENT
EXHIBIT P2; TRUE COPY OF THE REPLY STATEMENT IN
OA.NO.972/2013 DATED 03.07.2014, FILED
BY THE PETITIONERS
EXHIBIT P3: TRUE COPY OF THE REJOINDER IN OA.
NO.972/2013 DATED 25.9.2014, FILED BY
THE RESPONDENT
EXHIBIT P4: TRUE COPY OF THE M.A.TO ACCEPT
ADDITIONAL DOCUMENT PRODUCED BY THE
PETITIONERS
EXHIBIT P5: TRUE COPY OF THE ORDER IN OA
NO.972/2013 DATED 11.08.2015 OF THE
CENTRAL ADMINISTRATIVE TRIBUNAL
