Kerala High Court
S.Vijayakumar vs The Union Of India on 28 January, 2025
Author: Amit Rawal
Bench: Amit Rawal
2025:KER:6800
OP (CAT) NO. 315 OF 2017
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
TUESDAY, THE 28TH DAY OF JANUARY 2025 / 8TH MAGHA, 1946
OP (CAT) NO. 315 OF 2017
AGAINST THE ORDER/JUDGMENT DATED 30.10.2017 IN OA NO.434
OF 2016 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS/APPLICANTS NO.1, 4, 6 & 7:
1 S.VIJAYAKUMAR
AGED 55 YEARS, S/O. SUKUMARAN NAIR,
LEADING FIREMAN, FIRE STATION, INS VENDURUTHY,
NAVAL BASE, SOUTHERN NAVAL COMMAND, KOCHI-682 004.
RESIDING AT NEKKUNOOR VEEDU, CHENCHERY,
NALANCHIRA P.O, THIRUVANANTHAPURAM-695 015.
2 K. ANI
S/O. KANNAPPAN, AGED 50 YEARS,
LEADING FIREMAN, FIRE STATION, INS VENDURUTHY,
NAVAL BASE, SOUTHERN NAVAL COMMAND, KOCHI-682 004.
RESIDING AT AYYANKOKKAL, KANNAMPALLY BHAGAM,
I.K. JUNCTION, KAYAMKULAM P.O, PIN- 690 502.
3 T. VIPIN
AGED 28 YEARS, S/O. K.P. NANDAKUMAR,
LEADING FIREMAN, FIRE STATION, INS VENDURUTHU,
NAVAL BASE, SOUTHERN NAVAL COMMAND, KOCHI-682
004.RESIDING AT NANDANAM HOUSE,
PALLURUTHUY P.O, KOCHI-682 006.
4 BIJEESH BABU
AGED 35 YEARS, S/O. JAYACHANDRABABU,
LEADING FIREMAN, FIRE STATION, INS VENDURUTHY,
NAVAL BASE, SOUTHERN NAVAL COMMAND, KOCHI-682 004.
RESIDING AT SOMAPURATH, KANNAMPALLY BHAGAM,
KAYAMKULAM P.O, PIN- 690 502.
BY ADVS.
SMT.SUMATHY DANDAPANI (SR.)
SRI.K.K.ANIL KUMAR
SMT.R.LEELA
2025:KER:6800
OP (CAT) NO. 315 OF 2017
2
RESPONDENTS/RESPONDENTS IN OA AND APPLICANTS NOS.2, 3, 5 AND 8
TO 14:
1 THE UNION OF INDIA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF
INDIA, MINISTRY OF DEFENCE, NEW DELHI-110 001.
2 THE CHIEF OF NAVAL STAFF
NAVAL HEADQUARTERS, NEW DELHI-110 001.
3 THE FLAG OFFICER COMMANDING IN CHIEF
SOUNTHERN NAVAL COMMAND, KOCHI-680 004.
4 V.P. MOHANAN
AGED 59 YEARS, S/O. PADMANABHAN,
FIRE ENGINE DRIVER, FIRE STATION, INS VENDURUTHY,
NAVAL BASE, COCHIN-682 004.
RESIDING AT VADAKKE ATHIR KANDATHIL, THEKKUMBHAGOM,
TRIPUNITHURA P.O, ERNAKULAM DISTRICT, PIN 682 301.
5 V.T . SUNIL KUMAR
AGED 40 YEARS, S/O. THANKAPPAN,
FIRE ENGINER DRIVER, FIRE STATION, NAD, ALUVA,
RESIDING AT VADAKKEDAN HOUSE, VELUPADAM P.O,
TRICHUR-680 303.
6 T.B. VINOD KUMAR
AGED 47 YEARS, S/O. BHASKARAN,
FIRE ENGINE DRIVER, FIRE STATION, NAD, ALUVA,
RESIDING AT THERMALA THADATHIL, PATTIMOTTOM P.O,
ERNAKULAM DISTRICT.
7 DILEEP KUMAR K.R
AGED 48 YEARS, S/O. V.K. RAJAN (LATE),
FIRE ENGINE DRIVER, FIRE STATION, NAD, ALUVA,
RESIDING AT KUNNATHUPARAMBIL, PACHALAM P.O,
ERNAKULAM DISTRICT, PIN- 682 012.
*8 P.G. INDUCHOODAN
AGED 58 YEARS, S/O. GANGADHARAN NAIR,
LEADING FIREMAN, FIRE STATION, INS VENDURUTHY,
NAVAL BASE, SOUTHERN NAVAL COMMAND, KOCHI- 682
004.RESIDING AT PANACHIKKATTIL MATTATHIL HOUSE,
PALLARIMANGALAM P.O, PIDAVOOR,
ERNAKULAM DISTRICT, PIN-686 671. DELETED
2025:KER:6800
OP (CAT) NO. 315 OF 2017
3
*9 P.B. SURENDRAN
AGED 57 YEARS, S/O. BALAKRISHNAN,
LEADING FIREMAN, FIRE STATION, INS VENDURUTHY,
NAVAL BASE, SOUTHERN NAVAL COMMAND,
KOCHI- 682 004.RESIDING AT PARAMBATH HOUSE,
EROOR P.O, KOCHI-682 306.
AS PER THE ORDER DATED 14/08/19 IN IA NO.3/19
RESPONDENT NO.8 AND 9 ARE DELETED FROM THE ARRAY OF
PARTIES.
0 M. V. JIJITH
AGED 35 YEARS, S/O. VELAYUDHAN,
LEADING FIREMAN, FIRE STATION, INS VENDURUTHY,
NAVAL BASE, SOUTHERN NAVAL COMMAND,
KOCHI- 682 004.RESIDING AT MANGALASSERY HOUSE,
THIRUVANKULAM P.O, ERNAKULAM DIST- 682 305.
11 S. RATHEESH
AGED 28 YEARS, S/O. SOMAN,
LEADING FIREMAN, FIRE STATION, INS VENDURUTHY,
NAVAL BASE, SOUTHERN NAVAL COMMAND,
KOCHI- 682 004.RESIDING AT SOMAPURATH,
KANNAMPALLY BHAGAM, KAYAMKULAM P.O, PIN- 690 502.
12 S. SUNILKUMAR
AGED 28 YEARS, S/O. T.S. SASIDHARA KURUP,
LEADING FIREMAN, FIRE STATION, INS VENDURUTHY,
NAVAL BASE, SOUTHERN NAVAL COMMAND,
KOCHI- 682 004.
RESIDING AT THARAVEETTIL PUTHENVEEDU, NIRANAM,
NORTH P.O, THIRUVALLA,
PATHANAMTHITTA DISTRICT, PIN- 689 621.
13 P.N. MRUTHYUNJAYAN
AGED 48 YEARS, S/O. P.E. NARAYANAN,
LEADING FIREMAN, FIRE STATION, INS VENDURUTHY,
NAVAL BASE, SOUTHERN NAVAL COMMAND,
KOCHI- 682 004.RESIDING AT PULITHARANIKATHIN HOUSE,
MULAVUKADU P.O, ERNAKULAM DISTRICT, PIN- 682 504.
14 A. SYAM
AGED 31 YEARS,
S/O. ARAVINDAKSHAN PILLAI,
LEADING FIREMAN, FIRE STATION,
INS VENDURUTHY,
NAVAL BASE, SOUTHERN NAVAL COMMAND,
2025:KER:6800
OP (CAT) NO. 315 OF 2017
4
KOCHI- 682 004.RESIDING AT THAKIDIYIL HOUSE,
KURUPPANKULANGARA P.O, CHERTHALA,
ALAPPUZHA, PIN-688 551.
15 M. RAMESH
AGED 34 YEARS, S/O. MUTHAPPAN,
LEADING FIREMAN, FIRE STATION, INS VENDURUTHY,
NAVAL BASE, SOUTHERN NAVAL COMMAND,
KOCHI- 682 004.RESIDING AT PRA 82,
PUTHUVAL PUTHANVEEDU, PAROTTUKONAM,
NALANCHIRA P.O, THIRUVANANTHAPURAM-695 015.
16 R. VIJAYACHANDRAN
AGED 31 YEARS, S/O. RAMACHANDRAN NAIR,
LEADING FIREMAN, FIRE STATION, INS VENDURUTHY,
NAVAL BASE, SOUTHERN NAVAL COMMAND,
KOCHI- 682 004.RESIDING AT PULIMOOTTIL HOUSE,
PUTHIYAVILAM PATTOLI MARKET P.O, ALAPPUZHA-690 531.
17 SIJI SEBASTIAN
AGED 35 YEARS, S/O. SEBASTIAN,
LEADING FIREMAN, FIRE STATION, INS VENDURUTHY,
NAVAL BASE, SOUTHERN NAVAL COMMAND, KOCHI- 682 004.
RESIDING AT KUNNATHU PARAMBU, CHERUVARANAM,
VARANAM P.O, CHERTHALA, ALAPPUZHA, PIN-688555.
BY ADVS.
SRI.T.V.VINU, CGC
T.C.GOVINDA SWAMY
N.N.SUGUNAPALAN (SR.)
SMT.P.I.SHAMLATH
S.SUJIN
T.N.SREEKALA
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 28.01.2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:6800
OP (CAT) NO. 315 OF 2017
5
JUDGMENT
Amit Rawal, J.
This matter has become infructuous in view of the statement made by the learned counsel for the petitioners that 1st petitioner had retired, 2nd petitioner is retiring in December and remaining two have already been promoted.
therefore, do not press this petition. Petition is therefore closed.
Sd/-
AMIT RAWAL JUDGE Sd/-
K. V. JAYAKUMAR JUDGE nak 2025:KER:6800 OP (CAT) NO. 315 OF 2017 6 APPENDIX OF OP (CAT) 315/2017 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORIGINAL APPLICATION, O.A. NO. 180/00434/2016 WITH ITS ANNEXURES FILED BEFORE THE CAT ERNAKULAM BENCH.
ANNEXURE A7 TRUE COPY OF THE REPRESENTATION DATED 18.10.2015 SUBMITTED BY THE 2ND APPLICANT BEFORE THE THIRD RESPONDENT.
ANNEXURE A6 TRUE COPY OF THE REPRESENTATION DATED 18.10.2015 SUBMITTED BY THE 1ST APPLICATION BEFORE THE THIRD RESPONDENT.
ANNEXURE A5 TRUE COPY OF THE ORDER OF THIS HONBLE TRIBUNAL DATED 12.12.20111 IN O.A.354/2009 ANNEXURE A1 TRUE COPY OF THE RELEVANT EXTRACT OF THE INDIAN NAVY (GROUP D AND GROUP C) FIRE FIGHTING STAFF RECRUITMENT RULES, 1982, OBTAINED BY THE APPLICANTS UNDER RTI ACT.
ANNEXURE A2 TRUE COPY OF THE RELEVANT EXTRACT OF FIRE ORDERS OF INS VENDURUTHY ANNEXURE A3 TRUE COPY THE ORDER OF THIS HONBLE TRIBUNAL DATED 09.02.2007 IN O.A.NO.824 OF 2004 ANNEXURE A4 TRUE COPY OF THE LETTER NO. CP(NG) 2805/CORR DATED 17TH JUNE, W008 ISSUED FROM THE INTEGRATED HEADQUARTERS OF MINISTRY OF DEFENCE (NAVY)TO THE THIRD RESPONDENT.
EXHIBIT P2 THE TRUE COPY OF THE REPLY STATEMENT DATED 28.10.2016 FILED BY THE 2025:KER:6800 OP (CAT) NO. 315 OF 2017 7 RESPONDENTS NO. 1 TO 3 APPEARING THROUGH N. ANILKUMAR, STANDING COUNSEL FOR UNION OF INDIA.
ANNEXURE R1 COPY OF RECRUITMENT RULE OF FIRE ENGINE DRIVER EXHIBIT P3 THE TRUE COPY OF THE ORDER SHEET DATED 18.07.2016 IN M.A. NO. 540/2016 FILED IN O.A. 180/00434/2016.
EXHIBIT P4 THE TRUE COPY OF THE M.A. NO.
180/00583/2017 IN O.A. NO. 180/00434/16 FILED BY THE RESPONDENTS 4 TO 7.
ANNEXURE MA1 TRUE COPY OF THE INTERIM DIRECTION IN O.A.NO.180/00343/2016 RENDERED BY THIS HONBLE TRIBUNAL EXHIBIT P5 THE TRUE COPY OF THE REPLY STATEMENT TO M.A. NO. 583/2017 IN O.A. NO. 180/00434/2016 FILED BY THE PETITIONERS AND RESPONDENTS NO. 2,3,5 & 8 TO 14.
EXHIBIT P6 THE TRUE COPY OF THE REJOIONDER FILED BY THE APPLICANTS IN O.A. NO. 180/00434/2016.
EXHIBIT P7 THE TRUE COPY OF THE COMMON ORDER DATED 30.10.2017 IN O.A. NO. 180/00434/2016 AND O.A. NO. 180/00860/2015 PASSED BY THE CAT ERNAKULAM BENCH.
EXHIBIT P8 THE TRUE COPY OF THE PROMOTION LIST NO.2760/8 DATED 30TH JULY 19 ISSUED BY THE SOUTHERN RAILWAY COMMAND, KOCHI EXHIBIT P9 THE TRUE TYPED COPY OF THE DETAILS OF THE PRESENT STO S AND THE NEWLY PROMOTED STOS