Kerala High Court
Pradeep Kumar vs Union Of India on 3 August, 2021
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
TUESDAY, THE 3RD DAY OF AUGUST 2021 / 12TH SRAVANA, 1943
OP (CAT) NO. 49 OF 2021
AGAINST OA NO.265/2020 OF CENTRAL ADMINISTRATIVE TRIBUNAL,
ERNAKULAM BENCH.
PETITIONERS/APPLICANTS 1 & 3 TO 5:
PRADEEP KUMAR,
AGED 57 YEARS, S/O N.P.PANICKAR VAVOLIKKAL,
CHAMPAKKARA P.O., KARUKACHAL, KOTTAYAM - 686 540
(METEOROLOGIST A, METEOROLOGICAL CENTRE
THIRUVANANTHAPURAM)
BY ADVS.
RINNY STEPHEN CHAMAPARAMPIL
ASHA ELIZABETH MATHEW
RESPONDENTS/RESPONDENTS & APPLICANTS 1 & 3 TO 5:
1 THE UNION OF INDIA
REPRESENTED BY THE SECRETARY, MINISTRY OF EARTH
SCIENCES, MAHASAGAR BHAVAN BLOCK-12, LODHI ROAD,
NEW DELHI - 110003
2 THE DIRECTOR GENERAL OF METEOROLOGY
INDIA METEOROLOGICAL DEPARTMENT MAUSAM BHAVAN,
LODHI ROAD, NEW DELHI - 110003
3 THE SECRETARY TO GOVERNMENT OF INDIA,
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSIONS,
MAHASAGAR BHAVAN BLOCK-12, LODHI ROAD, NEW DELHI-110003
4 SANDEEP KUMAR SHARMA
METEOROLOGIST GR.II, REGIONAL METROLOGICAL CENTRE,
TERMINAL 2, OLD ADMIN AIRLINES GALLERY, IGI AIRPORT,
NEAR NATIONAL HIGHWAY 8, NEW DELHI, DELHI - 110037
5 JAN MOHAMMAD
METEOROLOGIST GR.II, REGIONAL METROLOGICAL CENTRE,
INDIA METEOROLOGICAL DEPARTMENT, NANANBHAI MOOSAI MARG
NEAR RC CHURCH, NEXT TO ASHWINI NAVAL HOSPITAL, NAVY
NAGAR, COLABA, MUMBAI, MAHARASHTRA 400005
O.P.(KAT) No.49 of 2021 2
6 NAHUSH PRAKASH KULKARNI
METEOROLOGIST GR.II, CRS, INDIA METEOROLOGICAL
DEPARTMENT, UNIVERSITY ROAD, REVENUE COLONY,
SHIVAJINAGAR, PUNE, MAHARASHTRA-411 005
7 SHIRISH YOGRAJ KHEDIKAR
METEOROLOGIST GR.II, CRS, INDIA METEOROLOGICAL
DEPARTMENT, UNIVERSITY ROAD, REVENUE COLONY,
SHIVAJINAGAR, PUNE, MAHARASHTRA 411005
8 RANJAN PHUKAN
METEOROLOGIST GR.II, METEOROLOGICAL CENTRE,
NEAR MBB AIRPORT, AGARTHALA 799009
9 ARUN KUMAR V.H.
METEOROLOGIST GR.II, METEOROLOGICAL CENTRE,
VIKAR BHAVAN NANDAVANAM,
THIRUVANANTHAPURAM 695 033
10 SURENDRA PRATAP SINGH
METEOROLOGIST GR.II, DGM'S OFFICE,
INDIA METEOROLOGICAL DEPARTMENT, LODHI ROAD,
NEW DELHI 100003
11 ASHISH KUMAR
METEOROLOGIST GR.II, RMC, INDIA METEOROLOGICAL
DEPARTMENT NEW AIRPORT ROAD, BORJHAR,
GUWAHATI, ASSAM - 781015
12 SHANKER PAL
METEOROLOGIST, GR.II, DGM'S OFFICE INDIA
EMTWOROLOGICAL DEPARTMENT, LODHI ROAD,
NEW DELHI - 110003
13 DHARMA RAJU AKASAPU
METEOROLOGIST GR.II, METEOROLOGICAL CENTRE,
INDIA METEOROLOGICAL DEPARTMENT, MOTILAL NEHRU
NAGAR, BEGUMPET, HYDERABAD 500016
14 KRISHNA MISHRA
METEOROOGIST GR.II, DGM'S OFFICE,
LODHI ROAD, INDIA METEOROLOGICAL DEPARTMENT,
NEW DELHI - 110003
15 HIMANSHU SHARMA
METEOROLOGIST GR.II, METEOROLOGICAL CENTRE,
INDIA METEOROLOGICAL DEPARTMENT, SANGANER,
JAIPUR, RAJASTAN - 302029
16 ANAND SHANKAR
METEOROLOGIST GR.II, METEOROLOGICAL CENTRE,
O.P.(KAT) No.49 of 2021 3
INDIA METEOROLOGICAL DEPARTMENT, WIRELESS
MAIDAN, NH 98, OPP. SAKET VIHAR, POLICE COLONY,
ANISABAD, PATNA, BIHAR 800002
17 DEBAPRIYA ROY
METEOROLOGIST GR.II, REGIONAL METEOROLOGICAL
CENTRE, INDIA METEOROLOGICAL DEPARTMENT, DUEL
AVE, ADJACENT TO ALIPUR ZOOLOGICAL GARDEN
ALIPORE, KOLKATA WEST BENGAL- 700027
18 DEEP KARAN SINGH
METEOROLOGIST FR.II, DGM'S OFFICE,
INDIA METEOROLOGICAL DEPARTMENT LODHI ROAD,
NEW DELHI - 110003
19 LATA VISHNOI
METEOROLOGIST GR.II, DGM'S OFFICE, INDIA
METEOROLOGICAL DEPARTMENT LODHI ROAD,
NEW DELHI - 110003
20 SUDEEP KUMAR B.L.
METEOROLOGIST GR.II, CRS, INDIA METEOROLOGICAL
DEPARTMENT, UNIVERSITY ROAD, REVENUE COLONY,
SHIVAJINAGAR, PUNE, MAHARASHTRA 411005
21 KHUSHVIR SINGH
SCIENTIST E, REGIONAL METROLOGICAL CENTRE,
INDIA METEOROLOGICAL DEPARTMENT, TERMINAL 2,
OLD ADMIN AIRLINES GALLERY, IGI AIRPORT NEAR
NATIONAL HIGHWAY 8, NEW DELHI, DELHI 110037
22 J.L. GAUTAM
SCIENTIST E, DFM'S OFFICE, INDIA METEOROLOGICAL
DEPARTMENT, LODHI ROAD, NEW DELHI (NCS)-110003
23 KRIPAN GHOSH
SCIENTIST E, REGIONAL METEOROLOGICAL CENTRE,
INDIA METEOROLOGICAL DEPARTMENT, UNIVERSITY
ROAD, REVENUE COLONY, SIVAJINAGAR, PUNE,
MAHARASHTRA 411005
24 GAJENDRA KUMAR
SCIENTIST E, DGM'S OFFICE, INDIA METEOROLOGICAL
DEPARTMENT, LODHI ROAD, NEW DELHI (NSC)-110003
25 S.D. KOTAL
SCIENTIST E, METROLOGICAL CENTRE, AIRPORT ROAD,
NEAR BIRSA MUNDA AIRPORT, HINOO, RANCHI,
JHARKHAND 834002
26 V.K. SONI
O.P.(KAT) No.49 of 2021 4
SCIENTIST E, DGM'S OFFICE,
INDIA METEOROLOGICAL DEPARTMENT, LODHI ROAD,
NEW DELHI (NSC) - 110003
27 RAJAVEL MANICKAM
SCIENTIST E, METEROLOGICAL CENTRE,
CENTRAL OBSERVATORY COMPLEX, PALACE ROAD,
BANGLORE (BENGALURU), KARNATAKA - 560002
28 C. JAYAKUMAR
AGED 56 YEARS, S/O RAMACHANDRAN NAIR, RAJEEVAM,
MRA-A40, MARUTHAMKUZHI, KANJIRAMPARA P.O.,
THIRUVANANTHAPURAM 695030
29 SUNIL KUMAR
AGED 48 YEARS S/O SIVADAS, AADIBHADRI,
CHAMPAKATIMMODU, VENKUKAVU, EDAVA P.O.,
THIRUVANANTHAPURAM 695311(METEOROLOGIST A,
METEOROLOGICAL CENTRE, THIRUVANANTHAPURAM)
30 BEENA K.R.
AGED 49 YEARS, W/O SATHISH, TC 27/258 AKG ROAD
VANCHIYOOR POST, TRIVADNDRUM - 695035
(METEOROLOGIST A, METEOROLOGICAL CENTRE
THIRUVANANTHAPURAM)
31 SATHANANTHAN
AGED 57 YEARS, S/O V.K.KUNJUPILLAI, SABARI,
VAYANAKAM, NJAKKANAL P.O., KOLLAM - 690533
(METEOROLOGIST B, METEOROLOGICAL CETRE
THIRUVANANTHAPURAM)
OTHER PRESENT:
SRI.P.VIJAYAKUMAR, ASGI
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON
03.08.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(KAT) No.49 of 2021 5
ALEXANDER THOMAS & A. BADHARUDEEN, JJ.
----------------------------------------------------
O.P.(KAT) No.49 of 2021
[arising out of O.A. No.265/2020 of C.A.T., EKM]
-------------------------------------
Dated this the 03rd day of August, 2021
JUDGMENT
Alexander Thomas, J.
Heard Sri.Rinny Stephen Chamaparampil, learned counsel appearing for the petitioner in the O.P./2nd applicant in the O.A. and Sri.P. Vijayakumar, learned Assistant Solicitor General of India, appearing for the respondents in the O.P./respondents & applicants 1 & 3 to 5.
2. Sri.Rinny Stephen Chamaparampil, learned counsel appearing for the petitioner would submit on the basis of instructions of his party that the limited relief, which is now been sought for by the petitioner at this stage, is only for a direction from this Court to ensure the early final disposal of Ext.P1 O.A. No.265/2020, now on the file of the Central Administrative Tribunal, Ernakulam Bench, within a reasonable time limit that may be appropriately fixed by this Court.
O.P.(KAT) No.49 of 2021 63. Taking note of the said limited plea and without getting into the merits of the controversies, in any manner, it is ordered that the Central Administrative Tribunal, Ernakulam Bench is requested to take all reasonable measures possible under the circumstances to ensure the early consideration and final disposal of Ext.P1 O.A. No.265/2020, without much delay, preferably within a period of 5 months or at any rate within 6 months from the date of receipt of a certified copy of this judgment.
4. The Registry may forward a copy of this judgment to the Registry of the Central Administrative Tribunal, Ernakulam, who is dealing with O.A. No.265/2020, at the cost of the petitioner herein.
With these observations and directions the above original petition will stand disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE Sd/-
A. BADHARUDEEN, JUDGE Skk//03082021 O.P.(KAT) No.49 of 2021 7 APPENDIX OF OP (CAT) 49/2021 PETITIONERS EXHIBITS:-
EXHIBIT P1 A TRUE COPY OF THE MEMORANDUM OF AMENDED O.A.NO.265/2020 OF CAT, ERNAKULAM WITH ANNEXURES ANNEXURE A12 A TRUE COPY OF CIRCULAR NO.A3 201 3/SC E&F/2014-E1 DATED 25.04.2020 ISSUED BY THE 2ND RESPONDENT ANNEXURE A13 A TRUE COPY OF CIRCULAR NUMBER A32013/MET GR-I/FCS/2008-E.1 DATED 25.04.2020 ISSUED BY THE DIRECTOR GENERAL OF METEOROLOGY ANNEXURE A18 A TRUE COPY OF THE OFFICE ORDER NO.A 32013/MET.GR.I/FCS/2018-E I DATED 30.06.2020 PROMOTING METEOROLOGIST GR-
II AS SCIENTIST C ANNEXURE A19 A TRUE COPY OF THE OFFICE ORDER NO.A 32013/SCIENTIST E&F/2015-E.I DATED 30.06.2020 PROMOTING SCIENTIST E AS SCIENTIST F ISSUED BY THE 2ND RESPONDENT ANNEXURE A20 A 32013/SCIENTIST E&F/2015-E.I DATED 30.06.2020 PROMOTING A SCIENTIST D AS SCIENTIST E ISSUED BY THE 2ND RESPONDENT ANNEXURE A1 A TRUE COPY OF OM NO.A-B-
14017/37/2008-ESTT(RR) DATED 10.09.2010 ISSUED BY THE DEPARTMENT OF PERSONAL AND TRAINING, GOVERNMENT OF INDIA INTRODUCING MFCS FOR SCIENTIST BASED ON THE RECOMMENDATIONS OF 6TH CENTRAL PAY COMMISSION ANNEXURE A2 A TRUE COPY OF THE GAZETTE OF INDIA NOTIFICATION NO.GSR 1270 DATED 06.10.1978 ANNEXURE A3 A TRUE COPY OF THE GAZETTE OF INDIA O.P.(KAT) No.49 of 2021 8 NOTIFICATION NO.GSR 184 DATED 28.02.1991 ANNEXURE A4 A TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE PUBLIC INFORMATION OFFICER OF IMD ANNEXURE A5 A TRUE COPY OF THE REPLY ISSUED BY THE IMD TO ANNEXURE A4 APPLICATION ANNEXURE A6 A TRUE COPY OF THE REPLY ISSUED BY THE UNDER SECRETARY TO THE GOVERNMENT OF INDIA ANNEXURE A7 A TRUE COPY OF THE REPLY DATED 30.04.2019 ISSUED BY THE PUBLIC INFORMATION OFFICER OF THE MINISTRY OF SCIENCE AND TECHNOLOGY ANNEXURE A8 A TRUE COPY OF THE INDIA METEOROLOGICAL DEPARTMENT (ASSISTANT METEOROLOGIST GRADE I AND ASSISTANT METEOROLOGIST GRADE II) RECRUITMENT RULES, 2009 ANNEXURE A9 TRUE COPY OF THE PROMOTION ORDER DATED 20.01.2009 ANNEXURE A10 A TRUE COPY OF MFCS RR PUBLISHED VIDE NOTIFICATION DATED 19.09.2012 ISSUED BY THE MINISTRY OF EARTH SCIENCES ANNEXURE A11 A TRUE COPY OF THE RECRUITMENT RUELS REGULATING THE METHOD OF RECRUITMENT TO GROUP A SCIENTIFIC OFFICER NOTIFIED ON 07.03.2018 ANNEXURE A14 A TRUE COPY OF THE LIST OF THE SCIENTIST WORKING IN IMD ISSUED AS PER THE RTI ACT BY REPLY DATED 23.11.2017 ANNEXURE A15 A TRUE COPY OF THE ORDER DATED 15.11.2017 ISSUED BY THE DOPT ANNEXURE A16 A TRUE COPY OF THE LIST OF THE OFFICERS WHOSE NAME FIGURED IN ANNEXURE A12 AND A13 LIST FOR PROMOTION AS SCIENTIST F & SCIENTIST E AND THEIR QUALIFICATION.
O.P.(KAT) No.49 of 2021 9ANNEXURE A17 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY APPLICANT NO.2 EXHIBIT P2 A TRUE COPY OF M.A. NO.180/411/2021 FILED IN O.A.NO.180/265/2020 BEFORE THE CAT ERNAKULAM EXHIBIT P3 A TRUE COPY OF THE OFFICE ORDER NO.A32013/SCIENTIST E AND F/2021-E1 DATED 19.07.2021