Kerala High Court
Fakira .M vs Union Bank Of India on 12 February, 2025
Author: Amit Rawal
Bench: Amit Rawal
2025:KER:15388
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
WEDNESDAY, THE 12TH DAY OF FEBRUARY 2025 / 23RD MAGHA, 1946
OP (CAT) NO. 35 OF 2021
AGAINST THE ORDER DATED 21.08.2019 IN OA NO.248 OF
2019 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH
PETITIONER:
SMT. FAKIRA M.,
AGED 34 YEARS,
W/O ABDUL JABBAR,
AND RESIDING AT MALIK DEENAR MANZIL HOUSE,
UNION TERRITORY OF LAKSHADWEEP,
AMINI ISLAND-682 552.
BY ADVS.
N.UNNIKRISHNAN
UBAI KUMAR BALAN
RESPONDENTS:
1 UNION BANK OF INDIA
REP. BY THE SECRETARY TO THE GOVERNMENT OF INDIA,
MINISTRY OF HUMAN RESOURCES DEVELOPMENT,
DEPARTMENT OF EDUCATION,
NEW DELHI-110 001.
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OP (CAT) NO. 35 OF 2021
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2 THE ADMINISTRATOR,
UNION TERRITORY OF LAKSHADWEEP,
KAVARATTI-682 555.
3 THE DIRECTOR,
DEPARTMENT OF HEALTH SERVICES,
UNION TERRITORY OF LAKSHADWEEP,
KAVARATTI-682 555
BY ADVS.
SRI.GIRISH KUMAR.V., CGC
R.V. Sreejith
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON
12.02.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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OP (CAT) NO. 35 OF 2021
3
JUDGMENT
AMIT RAWAL,J.
Present original petition has been directed against
the judgment of the Central Administrative Tribunal dated
21.08.2019 in O.A.No.248 of 2019, whereby the claim of the
applicant for appointment to the post of Lab Technician
pursuant to the advertisement caused by the respondents,
has been rejected.
2. Before Adv. N. Unnikrishnan could commence the
argument, we confronted him as to what is the explanation
for not filing the original petition immediately thereafter, as,
there is a gap of one year and ten months in filing the
appeal, but no plausible explanation came forth.
3. The applicant fulfilled all the conditions and
placed at serial No.4 in the waiting list. After having
undertaken the selection process, three persons above her
were appointed. The grievance of the petitioner was that,
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OP (CAT) NO. 35 OF 2021
during the shelf life of the waiting list, which expired on
31.03.2019 after extension, one more vacancy had fallen
vacant as per Ext.A6, however only three vacancies were
filled up by persons above her in the waiting list, ie., serial
Nos.1 to 3. Learned Tribunal though, did not notice this fact
while dismissing the petition, much less prayer for
considering the contractual employment was also rejected.
4. Had the applicant/petitioner approached this
Court immediately, there could have been a ground for
warranting interference, in view of the existence of the
vacancy as indicated in Ext.A6 during the shelf life of the
waiting list. However, much water has flown within a period
of one year and ten months as new selection process, as per
the submission of the respondents, had taken place. Had
the petition been filed in 2019, there could have been a
good ground for allowing O.A.No.248/2019, but after a gap
of one year and ten months, the things which have already
taken place cannot be turned around or reverted to its
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OP (CAT) NO. 35 OF 2021
original position. We do not find any illegality in the matter
and no ground for interference is made out.
Original Petition stands dismissed.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
K. V. JAYAKUMAR
JUDGE
msp
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OP (CAT) NO. 35 OF 2021
APPENDIX OF OP (CAT) 35/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF ORIGINAL APPLICATION NO
181/248/2019 WITH ANNEXURES.
ANNEXURE 10 A TRUE COPY FOR ODER F.NO 5/12/2018-
DHS/218 DATED 6.2.2019 ISSUED BY THE
THIRD RESPONDENT
ANNEXURE A1 A TRUE COPY EMPLOYMENT NOTICE F NO
5/2/2011-DHS DATED 7.11.2017
ANNEXURE A2 A TRUE COPY OF SELECTION LIST F NO
5/2/2011-DHS(1) DATED 1.6.2018.
ANNEXURE A3 A TRUE COPY OR REPRESENTATION DATED
19.11.2018 SUBMITTED BY THE APPLICANT
ANNEXURE A4 A TRUE COPY OF APPLICATION DATED
20.9.2018 UNDER R.T.I ACT.
ANNEXURE A5 A TRUE COPY OF LETTER F. NO.20/18/2015-
DHS(RTI01472 DATED 31.11.2018
ANNEXURE A6 A TRUE COPY RELIEVING ORDER F.NO 1/53-
MOAMN DATED 31.3.2018 OF SHRI T. HAMEED.
ANNEXURE A7 A TRUE COPY OF THE P.P.O NO 850011400227
OF SHRI ZAINUL ABID M SENIOR LAB
TECHNICIAN.
ANNEXURE A8 A TRUE COPY OF THE ORDER NO
181/00994/2018 DATED 6.12.2018 OF THE
HONBLE TRIBUNAL
ANNEXURE A9 A TRUE COPY OF THE RELIEVING ORDER
F.NO.2/12/2017-MOC 311 DATED 30.11.2018
ISSUED TO SHRI A AKBER ALI, LAB
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OP (CAT) NO. 35 OF 2021
TECHNICIAN
ANNEXURE A11 A TRUE COPY OF THE REPRESENTATION DATED
7.2.2019 SUBMITTED BY THE APPLICANT
Exhibit P2 A TRUE COPY OF COUNSEL STATEMENT DATED
COUNSEL STATEMENT DATED 7.8.2019 FOR
RESPONDENTS NO 2 AND 3
Exhibit P3 A TRUE COPY OF REJOINDER DATED 10.8.2019
IN OA NO 181/248/2019 FILED BY THE
APPLICANT
Exhibit P4 A TRUE COPY OF M.A NO 181/723/2019 IN OA
NO 181/248/2019
ANNEXURE A12 A TRUE COPY OF THE NOTIFICATION F NO
72/01/2019-DHS(STAT) DATED 22.7.2019 FOR
THE POST OF MEDICAL STAFF.
Exhibit P5 A TRUE COPY OF OF M.A NO 722/2019 IN OA
Exhibit P6 A TRUE COPY OF THE ORDER DATED 21.8.2019
IN OA NO 181/248/2019
