Kerala High Court
Rajesh Kumar.R vs Union Of India on 11 August, 2025
2025:KER:60992
O.P.(CAT) No.310 of 2019
-1-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR.JUSTICE BASANT BALAJI
MONDAY, THE 11TH DAY OF AUGUST 2025 / 20TH SRAVANA, 1947
OP (CAT) NO. 310 OF 2019
AGAINST THE ORDER DATED 05.07.2019 IN OA NO.871 OF
2017 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER/APPLICANT:
RAJESH KUMAR.R,
AGED 45 YEARS
S/O R. RAMAKRISHNAN NAIR, NOW WORKING AS JOINT
DIRECTOR(SCIENTIST E), CENTRE FOR DEVELOPMENT OF
ADVANCED COMPUTING, VELLAYAMBALAM,
THIRUVANANTHAPURAM - 695 033, RESIDING AT
SREENILAYAM, 35/380, YMJ ROAD, JANATHA NORTH,
PALARIVATTOM, KOCHI - 682 025.
BY ADVS.
SRI.MANU GOVIND
SHRI.A.JAYASANKAR
RESPONDENTS/RESPONDENTS 1 TO 6:
1 UNION OF INDIA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT OF
INDIA, MINISTRY OF ELECTRONICS AND INFORMATION
TECHNOLOGY, NEW DELHI - 110 001.
2 CENTRE FOR DEVELOPMENT OF ADVANCED COMPUTING (C-
DAC FOR SHORT),
REPRESENTED BY THE REGISTRAR, UNIVERSITY OF PUNE
2025:KER:60992
O.P.(CAT) No.310 of 2019
-2-
CAMPUS, GANESHKHIND, PUNE - 411 007.
3 THE EXECUTIVE DIRECTOR,
CENTRE FOR DEVELOPMENT OF ADVANCED COMPUTING,
VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 033.
4 MR.SUBODH.P.S
SCIENTIST E, CENTRE FOR DEVELOPMENT OF ADVANCED
COMPUTING, VELLAYAMBALAM, THIRUVANANTHAPURAM -
695 033.
5 RAJESH K.R.,
SCIENTIST E, CENTRE FOR DEVELOPMENT OF ADVANCED
COMPUTING, VELLAYAMBALAM, THIRUVANANTHAPURAM -
695 033.
6 JOHN THOMAS,
SCIENTIST E, CENTRE FOR DEVELOPMENT OF ADVANCED
COMPUTING, VELLAYAMBALAM, THIRUVANANTHAPURAM -
695 033.
BY ADVS.
O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF INDIA
SMT.M.SHAJNA
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON
11.08.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:60992
O.P.(CAT) No.310 of 2019
-3-
JUDGMENT
Dated this the 11th day of August 2025 NITIN JAMDAR, C.J.
Heard Ms. M. Shajna, learned Central Government Counsel appearing for Respondent Nos. 1 to 3.
2. On 16 July 2025, the following order was passed.
"Heard Mr. Jameel Ahammed M.S, learned counsel representing Ms. M. Shajna, learned Central Government Counsel for Respondent Nos. 1 to 3.
2. On 21 May 2025, the following order was passed in this petition:
"Heard Mr. Jimmy George (Thadathil), learned counsel appearing for the Petitioner and Mr.T.V. Vinu, learned Central Government Counsel. 2. The learned counsel for the Petitioner states that he is no longer representing the Petitioner and has sought discharge by sending communication to the Petitioner. 3. Post in the week commencing from 7 July 2025. If the Petitioner, upon receipt of this communication, fails to take the necessary steps, the Court may consider disposing of the Petition for non- prosecution."
3. None appears for the Petitioner.
4. By way of indulgence, post in the monthly board commencing from 4 August 2025. If none appears for 2025:KER:60992 O.P.(CAT) No.310 of 2019 -4- the Petitioner on the next date of hearing, the court may proceed to dismiss the petition for non- prosecution."
3. None appears for the Petitioner.
4. The petition is accordingly dismissed for non-prosecution.
Sd/-
NITIN JAMDAR CHIEF JUSTICE Sd/-
BASANT BALAJI JUDGE uu 2025:KER:60992 O.P.(CAT) No.310 of 2019 -5- APPENDIX OF OP (CAT) 310/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF O.A. NO. 180/00871/2017 FILED BY THE PETITIONER BEFORE CAT ERNAKULAM.
Exhibit P1 (A6) TRUE COPY OF LETTER NO.PGA/RCT/135/09 DD 5/3/09 ISSUED BY 3RD RESPONDENT TO DHS.
Exhibit P1 (A4) TRUE COPY OF THE RELIEVING LETTER ISSUED BY RBEI, THE PREVIOUS EMPLOYER OF THE APPLICANT DTD 30/3/09. EXHIBIT P1(A10) TRUE COPY OF PART A OF ANNUAL WORK REPORTS (AWR) OF THE APPLICANT FOR THE PERIOD FROM 2009 TILL 2016.
EXHIBIT P1 (A10(A) TRUE COPY OF ANNUAL CONFIDENTIAL REPORTS (ACR) OF THE APPLICANT FOR THE YEAR 2009-2010.
EXHIBIT P1(A15) TRUE COPY OF CIRCULAR NO. HR/101/2016 DTD 14/03/2017 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P1(A16) TRUE COPY OF OFFICE MEMORANDUM NO.
CORP;DG;2723 DTD 31/07/2017 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P1(A17) TRUE COPY OF CIRCULAR NO. HR/101/2016 DTD 17/08/2017 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P1(A19) TRUE COPY OF CIRCULAR NO. HR/101/2016 DTD 22/08/2017 ISSUED BY THE 3RD RESPONDENT. COMPILATION - II EXHIBIT P1(A1) TRUE COPY OF THE OFFER OF APPOINTMENT NO. PGA/RCT/135/09 DTD 05-03-2009 TO THE APPLICANT FROM THE 3RD RESPONDENT. EXHIBIT P1(A2) TRUE COPY OF THE LIST OF CANDIDATES AND INTERVIEW RANK LIST OF THE CANDIDATES SELECTED FOR THE POST OF SCIENTIST-D FOR DIRECT RECRUITMENT HELD IN 2009. EXHIBIT P1(A3) TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY RBEI TO THE PETITIONER DTD 30-03-2009.
EXHIBIT P11 TRUE COPY OF THE RELIEVING LETTER ISSUED BY RBEI, THE PREVIOUS EMPLOYER OF THE PETITIONER DTD 30-03-2009. EXHIBIT P1(A5) TRUE COPY OF THE SALARY CERTIFICATE 2025:KER:60992 O.P.(CAT) No.310 of 2019 -6- ISSUED BY RBEI TO THE PETITIONER DTD 18-02-2009.
EXHIBIT P1(A7) TRUE COPY OF LETTER NO. MHI-
32385/2009/DHS FROM THE DIRECTORATE OF HEALTH SERVICES TO THE PETITIONER. EXHIBIT P1(A8) TRUE COPY OF MEDICAL FITNESS CERTIFICATES ISSUED TO THE PETITIONER ON 23-04-2009 BY THE DIRECTORATE OF HEALTH SERVICES.
EXHIBIT P1(A9) TRUE COPY OF ONE PAGE WRITE UP OF THE PETITIONER DULY SIGNED BY THE REPORTING OFFICER AND 3RD RESPONDENT. EXHIBIT P1(A9(A) TRUE COPY OF ANNUAL WORK REPORTS (AWR) OF THE PETITIONER FOR THE PERIOD FROM 2009 TO 2016.
EXHIBIT P1(A9(B) TRUE COPY OF INFORMATION SOUGHT UNDER RTI ACT FOR SUPPLY OF PART B AND C OF THE ANNUAL WORK REPORT OF THE PETITIONER FROM 2009 TO 2016. EXHIBIT P1(A11) TRUE COPY OF REPRESENTATION DTD 29-12- 2016 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT.
EXHIBIT P1(A12) TRUE COPY OF OFFICE MEMORANDUM NO.2 (11)/2016-PERS,III DTD 19/09/2016 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P1(A13) TRUE COPY OF OFFICE MEMORANDUM 20/16HRD/R/02 ISSUED BY THE 2ND RESPONDENT DTD 07/11/2016 BEING THE PROMOTION POLICY OF CDAC.
EXHIBIT P1(A14) TRUE COPY OF THE INTERVIEW MEMO NO.
HR/101/2016 DTD 08-02-2017 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P1(A16A) TRUE COPY OF OFFICE MEMORANDUM CORP;DG;2731 DTD 08/08/2017 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P1(A18) TRUE COPY OF EMAIL COMMUNICATION SCHEDULING INTERVIEW ON 16-08-2017 FOR PROMOTION TO THE POST OF SCIENTIST-E. EXHIBIT P1(A20) TRUE COPY OF CIRCULAR NO. HR/101/2016 DTD 25/08/2017 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P1(A21) TRUE COPY OF MODIFIED FLEXIBLE COMPLEMENTING SCHEME ISSUED BY THE GOVERNMENT OF INDIA, MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND 2025:KER:60992 O.P.(CAT) No.310 of 2019 -7- PENSION.
EXHIBIT P1(A21A) TRUE COPY OF COMMUNICATION NO.
PGA/PER/201A/2011 DTD 26-04-2011 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P1(A21B) TRUE COPY OF OFFICE ORDER NO.
PGA/PER/201A/2011 (I) DTD 09-05-2011 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P1(A 22) TRUE COPY OF COMMUNICATION NO. 6(1) 2013-STPI DTD 14-10-2013 ISSUED BY THE SR. ADMN. OFFICER SOFTWARE TECHNOLOGY PARKS OF INDIA.
EXHIBIT P1(A 23) TRUE COPY OF COMMUNICATION NO. C-DAC CORP-HRD/2014-3102 DTD 03-01-2014 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P2 TRUE COPY OF REPLY STATEMENT FILED BY RESPONDENTS 1 TO 3 IN O.A NO. 871/2017 ON 08-02-2018.
EXHIBIT P3 TRUE COPY OF REPLY STATEMENT FILED BY RESPONDENTS 4 AND 5 IN O.A NO. 871/2017 ON 12-12-2018.
EXHIBIT P3(R4-A) TRUE COPY OF NOTIFICATION ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P3(R4-B) TRUE COPY OF APPOINTMENT ORDER DTD02- 01-2001 OF THE 4TH RESPONDENT. EXHIBIT P3(R4-C) TRUE COPY OF APPOINTMENT ORDER DTD 02- 01-2001 OF THE 5TH RESPONDENT. EXHIBIT P3 (R4-D) TRUE COPY OF CONFIRMATION ORDER DTD 09- 03-2002 OF THE 4TH RESPONDENT. EXHIBIT P3 (R4-E) TRUE COPY OF CONFIRMATION ORDER DTD 09- 03-2002 OF THE 5TH RESPONDENT. EXHIBIT P3 (R4-F) TRUE COPY OF RELEVANT PAGES OF THE BYE-
LAWS OF THE 2ND RESPONDENT.
EXHIBIT P3(R4-G) TRUE COPY OF ORDER DATED 06-01-2016 IN O.A. NO. 1053/2013 OF THIS HON'BLE TRIBUNAL.
EXHIBIT P4 TRUE COPY OF REJOINDER FILED BY THE PETITIONER IN O.A. NO. 871/2017 ON 20- 07-2018.
EXHIBIT P4 (A24) TRUE COPY OF LETTER NO. MHI-
11780/2008/HFWD DTD 20-03-2016 ISSUED BY THE OFFICE OF DIRECTOR NOTIFICATION ISSUED BY THE OFFICE OF DIRECTOR, HEALTH SERVICES.
EXHIBIT P4 (A24 A) TRUE COPY OF ENGLISH TRANSLATION OF PANNEX:A 24.
2025:KER:60992 O.P.(CAT) No.310 of 2019 -8- EXHIBIT P4 (A25) TRUE COPY OF PART C OF AWR IE., SCREENING COMMITTEE REPORT. EXHIBIT P4 (A26) TRUE COPY OF FINAL ASSESSMENT FORM OF INTERVIEW / DPRC HELD ON 17-02-2017. EXHIBIT P4 (A27) TRUE COPY OF FINAL ASSESSMENT FORM FOR INTERVIEW /DPRC FOR MRP +1 DTD 17-08- 2017.
EXHIBIT P4 (A28) TRUE COPY OF MEITY ORDER NO.6(20) 2017- ABCD DTD 28-07-2017 OBTAINED THROUGH RTI ACT.
EXHIBIT P5 TRUE COPY OF REJOINDER TO REPLY STATEMENT FILED BY THE RESPONDENTS 4 AND 5 DTD 05-02-2019 IN O.A. NO. 180/00871/2017.
EXHIBIT P5(A29) TRUE COPY OF ORDER DTD 14-12-2018 IN O.A.NO. 661/2017 AND O.A. NO. 679/2017 OF THE HON'BLE TRIBUNAL.
EXHIBIT P5(A30) TRUE COPY OF EXPERIENCE CERTIFICATE ISSUED TO THE PETITIONER BY THE CDAC. EXHIBIT P5(A31) TRUE COPY OF PROBATION CONFIRMATION ORDER NO. PGA/PER/106/2010 DTD 23-06- 2010 OF THE PETITIONER.
EXHIBIT P5(A32) TRUE COPY JUDGMENT DTD 28-03-2016 IN O.P (CAT) NO. 113/2016 OF THIS HON'BLE COURT.
EXHIBIT P5(A33) TRUE COPY OF OFFICE MEMORANDUM F NO.
CS-14017/6/2017-ESTT(RR) DTD 03/01/2018 ISSUED BY THE GOVERNMENT OF INDIA, MINISTRY OF PERSONNEL P.G. AND PENSIONS.
EXHIBIT P6 TRUE COPY OF MISCELLANEOUS APPLICATION FILED BY THE PETITIONER BEFORE THE CAT, ERNAKULAM AS M.A. 180/1276/2018 IN O.A. NO. 180/00871/2017 ON 19-11-2018. EXHIBIT P6 (MA1) TRUE COPY OF OFFICE MEMORANDUM NO.
HRD/R/02 DTD 10/08/2018 ISSUED BY THE CDAC.
EXHIBIT P7 TRUE COPY OF REPLY STATEMENT TO MISCELLANEOUS APPLICATION NO. 1276/2018 FILED BY RESPONDENTS 1 TO 3 ON 06-12- 2018 BEFORE THE CAT, ERNAKULAM. EXHIBIT P7 (RA1) TRUE COPY OF CIRCULAR NO. HR/101/2016 DTD 17-10-2017.
EXHIBIT P7 (RA2) TRUE COPY OF OFFICE MEMORANDUM NO.
21/2018 DTD 10/08/2018.
2025:KER:60992 O.P.(CAT) No.310 of 2019 -9- EXHIBIT P8 TRUE COPY OF MISCELLANEOUS APPLICATION FILED BY THE PETITIONER BEFORE THE CAT, ERNAKULAM AS M.A. 180/226/2019 IN O.A. NO. 180/00871/2017 ON 22-02-2019. EXHIBIT P9 TRUE COPY OF MISCELLANEOUS APPLICATION FILED BY THE PETITIONER BEFORE THE CAT, ERNAKULAM AS M.A. 180/00/185/2019 IN O.A. NO. 180/00871/2017 ON 11-02-2019. EXHIBIT P9 (MA1) TRUE COPY OF OFFICE MEMORANDUM NO.
HRD/R/02 DTD 04/01/2019 ISSUED BY THE CDAC.
EXHIBIT P10 TRUE COPY OF ORDER DTD 05-07-2019 IN O.A. NO. 180/00871/2017 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.