Santhosh Kumar G.P vs Union Of India
2026 Latest Caselaw 2420 Ker

Citation : 2026 Latest Caselaw 2420 Ker
Judgement Date : 30 March, 2026

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Kerala High Court

Santhosh Kumar G.P vs Union Of India on 30 March, 2026

Author: Devan Ramachandran

Bench: Devan Ramachandran

                                               2026:KER:28355

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
                                &
           THE HONOURABLE MR.JUSTICE BASANT BALAJI
   MONDAY, THE 30TH DAY OF MARCH 2026 / 9TH CHAITHRA, 1948
                   OP (CAT) NO. 48 OF 2026
IN ORDER DATED 09.03.2026 IN M.A.NO.201/2026 IN O.A.308/2025

PETITIONERS/APPLICANTS:

    1    SANTHOSH KUMAR G.P., AGED 55 YEARS
         S/O. SHRI. P.GOPINATHA PILLAI 8352734/MTS,
         AREA ACCOUNTS OFFICE, THIRUMALA-P.O
         THIRUVANTHAPURAM PIN- 695006, KERALA PERMANENT
         ADDRESS: THUNDIL HOUSE KULATHUMKAL VAKAYAR - PO,
         PATHANAMTHITTA,KERALA, PIN - 689698

    2    PRAKASH . C.P., AGED 51 YEARS
         S/O. LATE SHRI.PALANY ACHARY 8352730/MTS,
         AREA ACCOUNTS OFFICE (ARMY) KOCHI NAVAL BASE
         - P.O, KOCHI, KERALA- 682004 PERMANENT ADDRESS:
         NADUVEEDU, PATTITHANAM JUNCTION, KANAKKARI-P.O
         KOTTAYAM, KERALA, PIN - 686632

         BY ADVS.
         SRI.V.K.SATHYANATHAN
         SHRI.VINOD K.C.
         SMT.K.R.RENJU
         SMT.RATI VARMA


RESPONDENTS/RESPONDENTS:

    1    UNION OF INDIA, REPRESENTED BY THE SECRETARY
         MINISTRY OF DEFENCE, SOUTH BLOCK NEW DELHI,
         PIN - 110011

    2    MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES &
         PENSIONS, REPRESENTED BY THE SECRETARY,
         DEPARTMENT OF PERSONNEL & TRAINING NORTH
         BLOCK, NEW DELHI, PIN - 110001
                                                             2026:KER:28355
OP(CAT) 48/26
                                      2

     3       MINISTRY OF LAW & JUSTICE, LEGISLATIVE
             DEPARTMENT, REPRESENTED BY THE SECRETARY,
             SHASTRI BHAVAN, NEW DELHI, PIN - 110001

     4       CONTROLLER GENERAL OF DEFENCE ACCOUNTS
             PALAM, DELHI CANTT, PIN - 110010

     5       UNION PUBLIC SERVICE COMMISSION, REPRESENTED
             BY THE CHAIRMAN, DHOLPUR HOUSE, SHAHJAHAN ROAD,
             NEW DELHI, PIN - 110069

             BY ADVS.
             O.M.SHALINA - DSGI
             SHRI.T.V.VINU, CGC



      THIS      OP   (CAT)   HAVING       COME   UP   FOR   ADMISSION   ON
30.03.2026,      THE   COURT   ON     THE    SAME     DAY   DELIVERED   THE
FOLLOWING:
                                                             2026:KER:28355
OP(CAT) 48/26
                                        3

                                 JUDGMENT

Devan Ramachandran, J.

We propose to be concise in what we say now; but record

upfront that we cannot find favour with the impugned order.

2. The learned counsel on both sides are ad idem that the

controversy before the learned Central Administrative Tribual,

Ernakulam (CAT), was whether the amendments to the

Recruitment Rules are in order. While the petitioners allege that

the amendments are bad, the respondents maintain to the

contrary.

3. Going by the impugned order, the learned Tribunal has

held 'we do not propose to go into the rival contentions, but

suffice to hold that there are justifiable reasons projected and

Recruitment Rules were amended in accordance with the law,

contrary to what was projected by the applicants' (sic).

4. Prima facie, one will be justified in assuming that this

declaration virtually answers the original applications.

2026:KER:28355 OP(CAT) 48/26

5. This is why we said prefatorily that we cannot find

favour with the impugned interim order.

6. We are thus of the firm view that the holdings of the

learned Tribunal in the order in question has the effect of a final

decision in the O.A., because once it had entered into a finding

that the amendment of the Recruitment Rules were in accordance

with law, it would effectively preclude any contentions of the

petitioners contrary to it.

In such perspective, we allow this Original Petition and set

aside Ext.P1; with a request to the learned Tribunal to attempt to

dispose of the Original Application itself on merits, after affording

necessary opportunities to both sides.

Sd/-

DEVAN RAMACHANDRAN JUDGE

Sd/-

BASANT BALAJI JUDGE RR 2026:KER:28355 OP(CAT) 48/26

APPENDIX OF OP (CAT) NO. 48 OF 2026

PETITIONER ANNEXURES

Annexure A2 TRUE COPY OF S.R.O. 44 DATED 30-07-2024 Annexure 10 TRUE COPY OF LETTER NO. AN/VII/8201/2 /RECRUIT./ MISC/VOL-VI DATED 28-03-2025 ISSUED BY O/O CGDA PALAM, NEW DELHI & COVERING LETTER NO. AN/II/015/2025 DATED 22-04-2025, ISSUED BY O/O CDA CHENNAI Annexure A14 TRUE COPY OF AN/SAS/16502 /MTS-CLK /2025/PROG DATED 16/06/2025 ISSUED BY O/O CGDA, DELHI Annexure A1 TRUE COPY OF EX-SERVICEMEN ID CARD OF APPLICANT NO 1 & 2 Annexure A3 TRUE COPY OF NOTICE NO.

AN/VIII/8201/2/RR/ AUDITOR / AMENDMENT /2020 DATED 30-06-2020 ISSUED BY THE O/O CGDA, PALAM CANTT, NEW DELHI Annexure A4 TRUE COPY OF PROMOTION LIST PUBLISHED BY CONTROLLER GENERAL OF DEFENCE ACCOUNTS, PALAM, DEHI CANTT VIDE LETTER NO. AN-XI/11154/2022/MTS,CLERK (GRADUATE ) DATED 18-11-2022 Annexure A5 TRUE COPY OF CIRCULAR NO. PERS /SAS /16501/ GC&GMTS-AUD/2022/PROG DATED 22- 03-2022 ISSUED BY DAD HEAD QUARTERS DELHI CANTT Annexure A6 TRUE COPY OF LETTER NO.AN/XI/11154/2017 /MTS-CLK (GRADUATE ) DATED 03-07-2018 ISSUED BY CONTROLLER GENERAL OF DEFENCE ACCOUNTS Annexure A7 TRUE COPY OF THE CIRCULAR DATED 01-07- 2024 ISSUED BY THE OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL (AUDIT-

1)ODISHA- BHUBANESWAR.

Annexure A8 TRUE COPY NOTICE NO. AN/VIII/8201/2/RR/ AUDITOR / AMENDMENT /2023 DATED 14-08- 2023 ISSUED BY THE O/O CGDA, PALAM, NEW DELHI Annexure A9 TRUE COPY OF REPRESENTATION LETTER DATED 13-09-2023 SEND BY APPLICANT NO.1 2026:KER:28355 OP(CAT) 48/26

Annexure A11 TRUE COPY OF OM NO. NO.AB-14017 /61/2008- ESTT.(RR) DATED 13/10/2015 Annexure A12 TRUE COPY OF THE REPRESENTATION LETTER DATED 06-11-2024 & 08-11-2024 SEND BY APPLICANT NO & 2 RESPECTIVELY Annexure A13 TRUE COPY OF O.M NO. AB.14017/61/2008- ESFT. (RR) DATED 27-01- 2016 ISSUED BY GOI, MINISTRY OF PERSONNEL & P.G AND PENSIONS, DOPT Annexure A15 TRUE COPY OF COLUMN NO.11 OF THE SCHEDULE VIDES NOTICE NO. AN/VIII/8201/CLERK CUM TYPIST /AMENDMENT /2023 DATED 14/08/2023. Annexure A16 TRUE COPY OF NOTIFICATION NO.

                39016/10/79-ESTT(C)    GOVT    OF   INDIA,
                DEPARTMENT       OF     PERSONNEL      AND

ADMINISTRATIVE REFORMS 15 DEC. 1979 Annexure A17 TRUE COPY OF RULE-5(A) OF EX-SERVICE RE-

EMPLOYMENT IN CENTRAL CIVIL SERVICE AND POST RULES 1979 AMENDED IN THE YEAR 2012 Annexure A18 TRUE COPY OF OFFICE MEMORANDUM NO.

36034/6/90-ESTT (SCT) ISSUED BY GOVT OF INDIA, MINISTRY OF PERSONNEL, P.G AND PENSIONS DATED 02-04-1992 Annexure A19 TRUE COPY OF THE RELEVANT PAGES OF DISCHARGE BOOK OF APPLICANT NO.1 Annexure A20 TRUE COPY OF THE RELEVANT PAGES OF DISCHARGE BOOK OF APPLICANT NO.2 Annexure A21 TRUE COPY OF ORDER DATED 17-10-2013 OF CAT PRINCIPAL BENCH IN O.A NO.1572/2013 MOHINDER SINGH VS SECRETARY Annexure A 22 TRUE COPY OF INTERIM ORDER OF CAT BANGALORE IN O.A NO. 170/589/2021 DATED 15-12-2021 Annexure A23 TRUE COPY OF ORDER OF HONORABLE CAT BANGALORE DATED 03-10-2023 IN O.A NO. 170/589/2021 Annexure R14 DEFENCE ACCOUNTS DEPARTMENT (AUDITOR) RECRUITMENT (AMENDMENT) RULES, 2024 DATED 30.07.2024 Annexure R15 DOPT OM NO. AB.14017/48/2010- ESTT. (RR) DATED 31.12.2010 Annexure R16 DOPT OM NO.AB-14017/61/2008-ESTT.(RR) DATED 13.10.2015 2026:KER:28355 OP(CAT) 48/26

Annexure R17 DOPT OM NO.AB-14017/4/2021-ESTT.(RR) DATED 20.09.2022 Annexure R18 THE DEFENCE ACCOUNTS DEPARTMENT (AUDITOR)RECRUITMENT RULES 2022 SRO 74 DATED 30.05.2023 Annexure R19 HON'BLE SUPREME COURT JUDGMENT IN CIVIL APPEAL NO. 9746 OF 2011 & 9747 OF 2011 Exhibit P1 ORDER DATED 09.03.2026 PASSED IN M.A. NO.201 OF 2026 ARISING OUT OF O.A. NO. 308 OF 2025 PASSED BY THE HON'BLE CAT ERNAKULAM BENCH Exhibit P2 TRUE COPY OF ORIGINAL APPLICATION NO.180/308/2025 DATED 26-06-2025 Exhibit P3 TRUE COPY OF THE INTERIM ORDER DATED 08- 12-2025 PASSED BY HON'BLE CAT KOCHI Exhibit P4 TRUE COPY OF OBJECTION STATEMENT FILED BY RESPONDENTS 1 TO 4 DATED 15-01-2026 Exhibit P5 TRUE COPY OF MA APPLICATION NO.201/2026 FILED BY THE RESPONDENTS Exhibit P6 TRUE COPY OF THE NOTICE NO.AN/VIII/8201/2/RRS AAO/2024/VOL-1 DATED 15-01-2026 Exhibit P7 TRUE COPY OF LETTER NO.AN/XI/11154/2017/MTS-CLK (GRADUATE) DATED 03-07-2018