Kerala High Court
Union Of India vs C.G.Sarala on 2 July, 1997
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN
&
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY,THE 31ST DAY OF MARCH 2014/10TH CHAITHRA, 1936
WP(C).No. 70 of 2007 (Z)
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AGAINST THE ORDER IN OA 798/2003 of CENTRAL ADMINISTRATIVE TRIBUNAL,
ERNAKULAM BENCH
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PETITIONER(S):
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1. UNION OF INDIA, REPRESENTED BY THE
SECRETARY TO THE GOVERNMENT OF INDIA,
MINISTRY OF DEFENCE, NEW DELHI.
2. THE CHIEF OF THE NAVAL STAFF,
NAVAL HEADQUARTERS, NEW DELHI.
3. THE FLAG OFFICER COMMANDING-IN-CHIEF,
SOUTHERN NAVAL COMMAND, KOCHI.
4. THE COMMODORE SUPERINTENDENT,
NAVAL AIRCRAFT YARD, KOCHI-4.
RESPONDENT(S):
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1. C.G.SARALA, W/O.KUMARAN,
CONTROL FITTER (INSTRUMENT) HS-I,
NAVAL AIRCRAFT YARD, KOCHI-4, RESIDING AT
"VISHNU BHAVAN", VELIPARAMBIL, KONTHURUTHY ROAD,
NEAR SEVA SADAN HOSPITAL, KOCHI-13.
2. THE CENTRAL ADMINISTRATIVE TRIBUNAL,
REPRESENTED BY THE REGISTRAR, ERNAKULAM BENCH.
R1 BY ADV.SRI.T.C.GOVINDASWAMY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31-03-2014,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 70 of 2007 (Z)
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APPENDIX
PETITIONERS' EXHIBITS
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P1: A TRUE COPY OF OA.798/2003 FILED BY SMT.CG SARALA
P2: A TRUE PHOTOCOPY OF REPLY STATEMENT FILED B Y PETITIONERS IN
OA.798/2003.
P3: A TRUE PHOTOCOPY OF GOI, MIN OF PERSONNEL, PUBLIC GRIEVANCES &
PENSIONS (DOP&T)OM NO.36012/2/96-ESTT.(RES) DATED 2ND JULY 1997.
P4: A TRUE PHOTOCOPY OF THE HONOURABLE CAT ERNAKULAM BENCH
ORDER DATED 18/9/2006 IN OA.798/2003
RESPONDENTS' EXHIBIT
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NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
THOTTATHIL B.RADHAKRISHNAN
&
A.MUHAMED MUSTAQUE, JJ.
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W.P.(C) No.70 of 2007
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Dated this the 31st day of March, 2014
JUDGMENT
Thottathil B.Radhakrishnan, J.
1.Heard.
2.The petitioner moved the Central Administrative Tribunal, challenging the refusal of the establishment to promote her as against a particular vacancy, which according to her is to be filled by an SC candidate. The Tribunal rightly noted that the question involved is whether the introduction of post based roster with effect from 2.7.1997 had resulted in preparation of a fresh roster in respect of Chargeman Grade-II, when the total number of posts in that cadre is only three. It went on to consider the provisions in the order dated 2.7.1997, which brought in the post based roster and adverted to and considered the facts relating to the different employees as available from the statement of the establishment. W.P.(C) No.70 of 2007 2 Accordingly, it concluded that the roster has to be from the inception. Referring to the Rules, the Tribunal looked into how the initial operation of the roster ought to be done. Resultantly, on facts, the Tribunal held that the initial operation of the roster in terms of the requirement of the order dated 2.7.1997 would show that the current vacancy is 7 and the same shall go to the SC candidate and not to the general candidate. This was found after holding that the copy of roster as maintained by the establishment and produced by it before the Tribunal was prepared with effect from 2.7.1997 and not from inception. With such findings of fact having been rendered on due and correct application of the provisions of the order dated 2.7.1997, we find no legal infirmity or jurisdictional error in the impugned decision of the Tribunal. The writ petition, therefore, fails.
In the result, the writ petition is dismissed. No costs.
Sd/-
THOTTATHIL B.RADHAKRISHNAN, JUDGE Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln /True copy/ P.A. to Judge