Kerala High Court
S.Mahalakshmi vs Union Of India on 25 February, 2025
Author: Amit Rawal
Bench: Amit Rawal
2025:KER:16671
OP (CAT) NO. 211 OF 2020
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
TUESDAY, THE 25TH DAY OF FEBRUARY 2025 / 6TH PHALGUNA, 1946
OP (CAT) NO. 211 OF 2020
AGAINST THE ORDER/JUDGMENT DATED 01.10.2019 IN OA
NO.946 OF 2015 OF CENTRAL ADMINISTRATIVE TRIBUNAL,
ERNAKULAM BENCH
PETITIONER:
S.MAHALAKSHMI
AGED 46 YEARS
W/O. VIJAYA KUMAR,
PART TIME CASUAL LABOURER, KOLLAM TALUK
CUTCHERY/KOLLAM BAZAR,
RESIDING AT VINAYAKA BHAVANAM, KALEEKAL
KADAPURAM, MUNDAKKAL EAST, KOLLAM-691001.
BY ADVS.
SHRI.VIVEK A.V.
SHRI.GODWIN JOSEPH
SMT.APARNA CHANDRAN
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF POSTS, MINISTRY OF COMMUNICATIONS,
GOVERNMENT OF INDIA, NEW DELHI-110001.
2 THE CHIEF POSTMASTER GENERAL,
KERALA CIRCLE, TRIVANDRUM-695033.
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2
3 THE SENIOR SUPERINTENDENT OF POST OFFICES,
KOLLAM POSTAL DIVISION, KOLLAM-691001.
4 THE INSPECTOR OF POST,
KOLLAM NORTH SUB DIVISION,
TKM COLLEGE PO -691005.
ADDL.R5 R.RADHAMANI,
MTS,KOLLAM HEAD POST OFFICE, KOLLAM P.O.,
KOLLAM DISTRICT-691 001.
ADDITIONAL RESPONDENT NO.5 IS IMPLEADED AS PER
THE ORDER DATED 04/02/2021 IN I.A.NO.1/21 IN
OP(CAT) NO.211/2020,
BY ADVS.
SRI.M.JAYAKRISHNAN
SHRI.SHAJI MATHEW N.M.
JAGADEESH LAKSHMAN-CGC
JELSON.J.EDAMPADAM
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON
25.02.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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3
JUDGMENT
Amit Rawal, J.
1. In the present O.P.(CAT) challenge has been
laid to the judgment of the learned Tribunal dated
01.10.2019 in O.A.No.946 of 2015 wherein the claim has
been laid by the petitioner applicant in the following
manner:
(i) To direct the Respondent to consider the Applicant
for the post of MTS set apart for Casual Labourer
under Kollam Postal Division and to appoint her as
MTS with all consequential benefits as expeditiously
as possible.
(ii) Grant such other reliefs as may be prayed for and as
the Court may deem fit to grant, and
(iii) Grant the cost of this Original Application."
2. The aforementioned relief was based upon
the pleadings that the applicant had staked the claim for one
vacancy of Multi Tasking Staff which was offered by the
respondents to one Smt. R.Radhamani who had refused to
accept employment and the applicant was next in line to be
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OP (CAT) NO. 211 OF 2020
considered. The aforementioned position was clarified by the
respondents in the reply statement that Radhamani had not
declined the offer unconditionally but shown her inability to
join the post for the time being. But later on she had
requested permission for joining and she joined on
16.04.2016. It is on that ground petitioner's case was
rejected.
3. During the pendency of present O.P., I.A.No.1 of
2023 has been filed placing on record additional documents
though earlier also additional documents have been
submitted, that on retirement of Radhamani, applicant -
petitioner had been appointed as MTS sweeper, Kollam
headquarters with effect from 05.06.2021.
4. Learned counsel representing the petitioner
submits that the findings of the Tribunal are not disputed on
the basis of stand taken by the respondents, but prays that
the respondents should consider the case of the applicant -
petitioner for regularisation from the date she has assumed
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the charge of sweeper with effect from 05.06.2021 for other
benefits.
5. Petitioner, if eligible shall be at liberty to make
representation which shall be decided in accordance with
law. By upholding the findings of the Tribunal, with the
aforementioned direction, O.P.(CAT) stands disposed off.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
K. V. JAYAKUMAR
JUDGE
nak
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OP (CAT) NO. 211 OF 2020
APPENDIX OF OP (CAT) 211/2020
PETITIONER ANNEXURES
ANNEXURE A1 A TRUE COPY OF THE RELEVANT PAGES OF
THE CONTINGENT REGISTER OF THE KOLLAM
POSTAL DIVISION.
ANNEXURE A2 EXTRACT OF THE REGISTER KEPT AT KOLLAM
TALUKACHERRY POST OFFICE.
ANNEXURE A3 A TRUE COPY OF THE ORDER NO.45-24/88-
SPB-I DATED 17.5.1989 ISSUED BY THE 1ST
RESPONDENT.
ANNEXURE A4 A TRUE COPY OF THE ORDER DATED
18.6.2015 IN O.A.NO.66/2014 OF THE
CENTRAL ADMINISTRATIVE TRIBUNAL,
ERNAKULAM BENCH.
ANNEXURE A5 A TRUE COPY OF 2010 MTS RECRUITMENT
RULES BY NOTIFICATION DATED 12.12.2010.
ANNEXURE A5(A) A TRUE COPY OF 2015 RECRUITMENT RULES
DATED 14.5.2015.
ANNEXURE A6 A TRUE COPY OF THE LETTER
NO.BB/44/RECTT/2015 DATED 28.9.2015
ISSUED BY THE 3RD RESPONDENT.
ANNEXURE A7 A TRUE COPY OF THE LETTER
NO.CC/44/RECTT/2015 DATED 20.10.2015
ISSUED BY THE 3RD RESPONDENT.
ANNEXURE A8 A TRUE COPY OF THE REPRESENTATION DATED
25.9.2015 SUBMITTED BY THE APPLICANT
BEFORE THE 3RD RESPONDENT.
ANNEXURE R1 A TRUE COPY OF THE REPRESENTATION DATED
26.10.2015 SUBMITTED BY SMT.RADHAMANI.
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ANNEXURE R1(A) A TRUE COPY OF THE ENGLISH TRANSLATION
OF THE REPRESENTATION DATED 26.10.2015.
ANNEXURE R2 A TRUE COPY OF THE REPRESENTATION DATED
4.3.2016 SUBMITTED BY SMT.RADHAMANI.
ANNEXURE R2(A) A TRUE COPY OF THE ENGLISH TRANSLATION
OF THE REPRESENTATION DATED 4.3.2016.
ANNEXURE R3 A TRUE COPY OF THE ORDER
NO.GDSMP/KOLLAM BAZAR DATED 16.3.2016
ISSUED BY THE 4TH RESPONDENT.
ANNEXURE R4 A TRUE COPY OF THE CHARGE REPORT OF
SMT.S.MAHALAKSHMI.
ANNEXURE R5 A TRUE COPY OF THE CHARGE REPORT OF
SMT. RADHAMANI.
ANNEXURE A9 A TRUE COPY OF THE JUDGMENT DATED
2.11.2015 IN O.P.(CAT)NO.176/2015 OF
THE HON'BLE HIGH COURT.
ANNEXURE A10 A TRUE COPY OF THE LETTER DATED
24.5.2016 ALONG WITH ORDER DATED
1.4.2016 ISSUED BY THE 2ND RESPONDENT.
ANNEXURE A11 A TRUE COPY OF THE ORDER DATED
18.4.2016 ISSUED BY THE 4TH RESPONDENT.
ANNEXURE A12 A TRUE COPY OF THE ORDER NO.37-15/2001-
SPB-I(VOL.II) DATED 20.6.2003 ISSUED BY
THE 1ST RESPONDENT TO THE 2ND
RESPONDENT.
EXHIBIT P1 A TRUE COPY OF THE O.A.NO.946/2015
FILED BY THE PETITIONER.
EXHIBIT P2 A TRUE COPY OF THE REPLY STATEMENT
DATED 25.4.2016 FILED BY THE
RESPONDENTS IN O.A.NO.946/2015.
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EXHIBIT P3 A TRUE COPY OF THE REJOINDER DATED
12.6.2016 FILED BY THE PETITIONER IN
O.A.NO.946/2015.
EXHIBIT P4 A TRUE COPY OF THE ADDITIONAL REPLY
STATEMENT FILED ON 16.11.2016 BY THE
RESPONDENTS IN O.A.NO.946/2015.
EXHIBIT P5 A TRUE COPY OF THE M.A.NO.1115/2018
DATED 1.10.2018 FILED BY THE PETITIONER
IN O.A.NO.946/2015.
EXHIBIT P6 A TRUE COPY OF THE REPLY STATEMENT
DATED 1.2.2019 FILED BY THE RESPONDENTS
IN M.A.NO.1115/2018 IN O.A.NO.946/2015.
EXHIBIT P7 A TRUE COPY OF THE REJOINDER DATED
11.3.2019 FILED BY THE PETITIONER IN
M.A.NO.1115/2018 IN O.A.NO.946/2015.
EXHIBIT P8 A TRUE COPY OF THE ORDER DATED
1.10.2019 IN O.A.NO.946/2015 OF THE
HON'BLE CENTRAL ADMINISTRATIVE
TRIBUNAL, ERNAKULAM BENCH.
EXHIBIT P9 A TRUE COPY OF THE O.M.NO.1/3/69-
ESTT(D) DATED 22.11.1975 ISSUED ON
BEHALF OF THE 1ST RESPONDENT.
EXHIBIT P10 A TRUE COPY OF THE O.M.NO.22-34/3/81-
ESTT(D) DATED 01.10.1981 ISSUED ON
BEHALF OF THE 1ST RESPONDENT.
Exhibit P11 A TRUE COPY OF THE CHARGE REPORT ISSUED
BY THE 4TH RESPONDENT TO THIS
PETITIONER ON 05.06.2021
Exhibit P12 A TRUE COPY OF THE MEMO NO. BB/44/IV
DATED 09.05.2023 ISSUED BY THE 3RD
RESPONDENT
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Exhibit P13 A TRUE COPY OF THE REQUEST DATED
03.06.2023 SUBMITTED BY THIS PETITIONER
TO THE 3RD RESPONDENT WITHOUT
ENCLOSURES
Exhibit P14 A TRUE COPY OF THE MEMO NO. BB/44/IV
DATED 05.06.2023 ISSUED BY THE 3RD
RESPONDENT
Exhibit P15 A TRUE COPY OF THE REQUEST DATED
06.06.2023 SUBMITTED BY THE PETITIONER
TO THE 3RD RESPONDENT
