Kerala High Court
Union Of India vs A.Mohandas on 4 July, 2024
Author: Amit Rawal
Bench: Amit Rawal
OP (CAT) No.108/2017 1/3 Order Date : 04-07-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
Thursday, the 4th day of July 2024 / 13th Ashadha, 1946
OP (CAT) NO. 108 OF 2017
AGAINST THE ORDER DATED 24-06-2016 IN OA 180/2014 OF CENTRAL ADMINISTRATIVE
TRIBUNAL, ERNAKULAM BENCH,
PETITIONERS/RESPONDENTS:
1. UNION OF INDIA REPRESENTED BY ITS SECRETARY,MINISTRY OF
COMMUNCATIONS, NEW DELHI.
2. DIRECTOR OF GENRAL OF POSTS DAK BHAVAN, NEW DELHI.
3. CHIEF POSTMASTER GENERAL KERALA CIRCLE, THIRUVANANTHAPURAM.
4. SENIOR SUPERINTENDENT RMS TV DIVISION, THIRUVANANTHAPRUAM 695 036.
5. SUPERINTENDENT RMS, CT DIVISION, KOZHIKODE.
RESPONDENTS/APPLICANTS IN O.A:
1. A.MOHANDAS S/O.THE LATE ARUN,WORKING AS PART-TIME SCAVENGER,SUB
RECORD OFFICER, RMS CT DIVISION,PALAKKAD RESIDING AT KENNOTH
PARAMBU,CIVIL STATION BANK,PALAKKAD 678 001.
2. V.SINDHU S/O.THE VELAWORKING AS PART-TIME SCAVANGER,SUB RECORD
OFFICE, OTTAPPALAM,RESIDING AT ERAPPAKODE HOUSE,THEKKUMURY,
KELLEPPULLY, PALAKKAD-678005.
OP (CAT) praying inter alia that in the circumstances stated in the
affidavit filed along with the OP (CAT) the High Court be pleased to stay
the operation of Ext.P7-Order in O.A.No.180/00085/2014, dated 24.06.2016
Of the Central Administrative Tribunal, Emakulam Bench, until disposal of
the above Ornginal Petition, in the interest of justice.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of OP (CAT) and this Court's final order
dated 05-06-2024 and upon hearing the arguments of SRI. T.V.VINU, CENTRAL
GOVERNMENT COUNSEL for the petitioners and SRI. O.V.RADHAKRISHNAN
(SENIOR), ANTONY MUKKATH & K.RADHAMANI AMMA, Advocates for the
respondents, the court passed the following:
OP (CAT) No.108/2017 2/3 Order Date : 04-07-2024
AMIT RAWAL, EASWARAN S., JJ.
=========================
OP (CAT) No. 108 of 2017
==========================
Dated this the 4th day of July, 2024
ORDER
Easwaran S., J.
The judgment was rendered on 05.06.2024, without noticing the fact that an adjournment was sought, on behalf of the petitioners. After realising the mistake, we suo motu listed the matter before the Bench as spoken to.
2. Considering the fact that, the judgment was rendered by mistake, we are inclined to exercise the power of review suo motu. Hence, the judgment dated 05.06.2024 stands recalled.
List this OP(CAT) for hearing on 25.07.2024.
Sd/-
AMIT RAWAL, JUDGE Sd/-
EASWARAN S., JUDGE anm OP (CAT) No.108/2017 3/3 Order Date : 04-07-2024 APPENDIX OF OP (CAT) 108/2017 EXHIBIT P1 TRUE COPY OF THE OA NO.180/00085/2014 DATED 26/1/2014 FILED BY THE RESPONDENTS BEFORE THE CAT, ERNAKULAM BENCH ANNEXURE A1 TRUE COPY OF THE MEMO NO. PT/RECRUITS/98 DATED 31.10.1998 OF THE SUB RECORD OFFICER, RMS'CT'DIVISION, OTTAPALAM.
ANNEXURE A2 TRUE COPY OF THE MEMO NO. PT/RECTT/SRO OTP DATED 16.05.2000 SUB RECORD OFFICER, RMS'CT' DIVISION, OTTAPALAM.
EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT DATED 12/3/2014, FILED BY THE PETITITIONERS EXHIBIT P3 TRUE COPY OF THE REJOINDER DATED 7/6/2015 FILED BY THE APPLICANT ANNEXURE A3 TRUE COPY OF THE RELEVANT PORTION OF THE DEPARTMENT OF POSTS (GROUP D POSTS) RECRUITMENT RULES, 2002 AS PER NOTIFICATION DATED 23.01.2002.
ANNEXURE A4 TRUE COPY OF THE LETTER NO. 37-15/2001 SPB-1 DATED 30.01.2002 OF THE ASST. DIRECTOR GENERAL (SPN). EXHIBIT P4 TRUE COPY OF THE ADDITIONAL REPLY STATEMENT DATED 3/7/2015 FILED BY THE PETITIONERS ANNEXURE A5 TRUE COPY OF THE COMMUNICATION NO. RTI 2005/52/13 DATED 29.10.2013 OF THE 1ST RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE ADDITIONAL REJOINDER DATED 26/9/2015 FILED BY THE RESPONDENTS EXHIBIT P6 TRUE COPY OF THE SECOND ADDITIONAL REPLY STATEMENT DATED 30/10/2015 FILED BY THE PETITIONERS ANNEXURE A6 TRUE COPY OF THE DEPARTMENT OF POST MULTI-TASKING STAFF RECRUITMENT RULES 2010 AS PER GSR NO.984(E) DATED 12.12.2010 ALONG WITH COVERING LETTER NO. 37-33/2009- PB-I DATED 28.01.2011 OF THE 5TH RESPONDENT. EXHIBIT P7 TRUE COPY OF THE ORDER IN OA NO.180/85/2014 DATED 24/6/2016 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH ANNEXURE A7 TRUE COPY OF THE JUDGMENT DATED 23.12.2009 IN WPC NO.
28574 OF 2009 AND CONNECTED CASES OF THE HONOURABLE HIGH COURT OF KERALA.
ANNEXURE A8 TRUE COPY OF THE ORDER DATED 20.08.2013 IN OA NO.
536/2012 OF THIS HONOURABLE TRIBUNAL. ANNEXURE A9 TRUE COPY OF THE GOVERNMENT OF INDIA LETTER NO.
65-24/88-SPB.I DATED 17.05.1989. ANNEXURE A10 TRUE COPY OF THE COMMUNICATION NO. D4/RTI/SRM DATED 05.11.2014 OF THE 1ST RESPONDENT ALONGWITH THE APPLICATION DATED 29.09.2014.