Kerala High Court
The Senior Superintendent Of Post ... vs Nobleraj.G on 28 June, 2012
Author: Thottathil B.Radhakrishnan
Bench: Thottathil B.Radhakrishnan
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 27TH DAY OF JANUARY 2014/7TH MAGHA, 1935
OP (CAT).No. 3116 of 2012 (Z)
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O.A NO. 952/2011 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM ,
DATED 28-06-2012.
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PETITIONERS (RESPONDENTS IN THE OA):
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1. THE SENIOR SUPERINTENDENT OF POST OFFICES,
THIRUVANANTHAPURAM NORTH DIVISION,
THIRUVANANTHAPURAM - 695 001.
2. UNION OF INDIA,
REPRESENTED BY THE CHIEF POSTMASTER GENERAL,
KEERALA CIRCLE, TRIVANDRUM - 695 033.
BY ADV. SRI.S.KRISHNAMOORTHY, CGC
RESPONDENT (APPLICANT IN THE OA):
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NOBLERAJ.G,
AGED 57, S/O.GANGADHARAN,
GRAMIN DAK SEVAK MAIL PACKER, SREENISAPURAM.P.O,
VARKALA, THIRUVANANTHAPURAM- 695 601.
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 27-01-2014,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
OP (CAT).No. 3116 of 2012 (Z)
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APPENDIX
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PETITIONER(S)' EXHIBITS:
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EXHIBIT P1: TRUE COPY OF THE O.A NO.952/2011 FILED BY THE
RESPONDENT/APPLICANT BEFORE THE CAT, ERNAKULAM BENCH.
EXHIBIT P2: TRUE COPY OF THE REPLY STATEMENT FILED BY THE
PETITIONERS/RESPONDENT BEFORE THE CAT, ERNAKULAM BENCH.
EXHIBIT P3: TRUE COPY OF THE CAT ORDER DATED 28/06/2012 IN O.A NO. 952/2011
OF THE HONOURABLE CAT, ERNAKULAM BENCH.
EXHIBIT P4: TRUE COPY OF THE CIRCULAR DATED 28.04.2010 OF THE P.M.G.,
KERALA CIRCLE, TVM.
RESPONDENT(S)' EXHIBITS:
----------------------------------------- NIL
//TRUE COPY//
P.A.TO JUDGE.
Msd.
THOTTATHIL B. RADHAKRISHNAN &
A.MUHAMED MUSTAQUE, JJ.
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O.P.(CAT)No.3116 of 2012
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Dated this the 27th day of January, 2014
JUDGMENT
Thottathil B. Radhakrishnan,J.
This Original Petition is filed under Article 227 of the Constitution of India by the establishment challenging the order of the Central Administrative Tribunal, Ernakulam Bench in O.A.No.952/2011. That Original Application was decided as per the common order along with O.A.No.984/2011. The challenge to the order insofar as is against O.A.No.984/2011 has been repelled today as per separate judgment rendered in O.P(CAT)No.3486/2012. The facts in this case are similar to that case.
2. The respondent was working in Varkala, which is 45 kms away from his residence. He wanted a transfer to Charupara, which is 2 kms away from his residence. Going by the impuged order, the respondent-employee had O.P.(CAT)3116/12 2 expressed his willingness to work on lower TRCA at the place to which he sought transfer. That being so the need for a residence within the delivery area of the Post Office to which transfer is sought need not be insisted upon, as settled by different judgments of this Court. Under such circumstances, there is no obligation for the Department to pay anything more than the TRCA applicable to the post in Charupara. The impugned order of the Tribunal has only to be confirmed.
In the result, the O.P.(CAT) fails and the same is dismissed.
Sd/-
THOTTATHIL B. RADHAKRISHNAN, JUDGE Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln