Kerala High Court
Balakrishanan P.M vs Union Of India on 31 July, 2025
2025:KER:59383
O.P(CAT)No.73 of 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 31ST DAY OF JULY 2025 / 9TH SRAVANA, 1947
OP (CAT) NO. 73 OF 2025
PETITIONERS/APPLICANTS IN THE O.A.:
1 BALAKRISHANAN P.M., AGED 74 YEARS, S/O. (LATE) K.
MADHAVAN, RETIRED STENOGRAPHER GRADE 1 AND PERSONAL
ASSISTANT TO ADDITIONAL DIRECTOR GENERAL, O/O/ THE
DIRECTOR GENERAL, ASSAM RIFLES, SHILLONG RESIDING AT
MELAPAZHAERICKAL HOUSE, KULATHUR PRAYAR P.O., DISTRICT
KOTTAYAM, PIN - 686541
2 M BALACHANDRAN NAIR, AGED 73 YEARS, S/O. LATE MADHAVAN
PILLAI, RETIRED STENOGRAPHER GRADE 1, PERSONAL ASSISTANT
TO COMMANDANT, ASSAM RIFLES, TRAINING CENTRE AND SCHOOL,
P.O. DIMAPUR, NAGALAND, RESIDING AT SREE PRASADAM, NETAJI
NAGAR, P.O. VALUTHUNGAL , KOLLAM DISTRICT, PIN - 691018
BY ADVS. SHRI.M.R.HARIRAJ (SR.); SMT.ALINA ANNA KOSE;
SMT.AKHILA S.; SMT.KARTHIKA GANESH; SHRI.VISHNU PRASAD
N.K.; SMT.SANDHRA MARIA SEBASTIAN;SHRI.NAYAN LAL A.;
SHRI.SANGEETH KRISHNA G.S. ;SMT.JAYALAKSHMI G. NAIR ;
SHRI.SHERON WILLIAMS; SHRI.ARUN THAMPI M.K.;
RESPONDENTS/RESPONDENTS IN O.A.
1 UNION OF INDIA, REPRESENTED BY THE SECRETARY TO
GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI,
PIN - 110001
2 THE DIRECTOR GENERAL, ASSAM RIFLES. MINISTRY OF HOME
AFFAIRS, GOVERNMENT OF INDIA, SHILLONG, PIN - 793010
BY ADV O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF INDIA
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 31.07.2025,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:59383
O.P(CAT)No.73 of 2025
2
JUDGMENT
Dated this the 31st day of July 2025 NITIN JAMDAR, C.J.
Heard Mr.R.Hariraj, learned Senior Advocate instructed by Ms.Alina Anna Kose, learned counsel for the Petitioners and assisted by Mr.Vishnu Prasad.N.K, learned counsel for the Petitioners and Ms.O.M.Shalina, learned Deputy Solicitor General of India.
2. This petition has been filed against the order of the Central Administrative Tribunal dismissing the original application and the miscellaneous application filed therein. The original application filed by the Petitioners was not entertained on the ground of delay.
3. The learned counsel for the Petitioners points out that though the Miscellaneous Application No.698 of 2024 was filed seeking condonation of delay by setting out the reasons for the delay, the Petitioners had also taken the stand that the course of action is recurring in nature and therefore, there was no delay as such. The learned counsel for the Petitioners submits that as regards the assertion that there is recurring course of action, there is no finding in the impugned order.
4. We have perused the impugned order which rejects the application for condonation of delay on the ground that sufficient cause has not been made out. Though we are not inclined to interfere with this finding of the Tribunal, we note that the application for condonation of delay contains an averment by the Petitioners asserting that the course of 2025:KER:59383 O.P(CAT)No.73 of 2025 3 action is recurring in nature, which is not adverted to in the impugned order.
5. In these circumstances, the impugned orders dated 25 November 2024 passed in M.A.No.698 of 2024 in O.A.No.275 of 2023 and O.A.No.275 of 2023 (Exts.P1 & P2) are quashed and set aside.
6. Miscellaneous Application No.698 of 2024 and the Original Application No.275 of 2023 stand restored to the file of the Central Administrative Tribunal. Consideration of Miscellaneous Application No.698 of 2024 will be restricted to the averments made in paragraph No.11 thereof and all other findings of the Tribunal stand confirmed.
7. The original petition is accordingly disposed of.
Sd/ NITIN JAMDAR CHIEF JUSTICE Sd/-
BASANT BALAJI JUDGE vgd 2025:KER:59383 O.P(CAT)No.73 of 2025 4 APPENDIX OF OP (CAT) 73/2025 PETITIONERS' ANNEXURES ANNEXURE A1 TRUE COPY OF THE LETTER NO. A/I-A/10-82/77 DATED 30.9.1982, COMMUNICATED BY MEMO DATED 06.10.1982 ISSUED BY THE DIRECTOR GENERAL ASSAM RIFLES ALONG WITH RETYPED COPY ANNEXURE A2 A TRUE COPY OF THE LETTER NO. A/1-A/10- 83/247 - DATED 31ST JULY 1983 ISSUED BY THE DIRECTOR GENERAL OF ASSAM RIFLES ANNEXURE A3 A TRUE COPY THE LETTER NO. 27011/44/88-PF DATED 19.09.1989, ISSUED BY THE MINISTRY OF HOME AFFAIRS.
ANNEXURE A4 A TRUE COPY OF THE SERVICE CERTIFICATE OF THE APPLICANT BALAKRISHNAN P.M. ANNEXURE A5 A TRUE COPY OF THE SERVICE CERTIFICATE OF THE APPLICANT M. BALACHANDRAN NAIR ANNEXURE A6 A TRUE COPY OF THE REPRESENTATION FILED BY THE FIRST APPLICANT ANNEXURE A7 TRUE COPIES OF THE REPRESENTATIONS DATED 15.10.2013, 26.08.2009, 07.04.2010, AND 20TH JULY 2021 ANNEXURE R1 TRUE COPY OF ORDER DATED 14.1.2009 ANNEXURE R2 TRUE COPY OF LETTER A/PERS/11-7/C DATED 09.11.2011 ANNEXURE R3 TRUE COPY OF LIST DATED 18.11.2011 ANNEXURE R4 TRUE COPY OF COMBATISATION OF CIVIL STAFF DATED 14.10.2013 ANNEXURE R5 TRUE COPY OF ORDER DATED 21/26.03.2022 ANNEXURE A8 A TRUE COPY OF THE LETTER BEARING NO. ADDL DGAR'S SECTT/P& TRF DATED 16.12.2005, ISSUED BY THE OFFICIATING STAFF OFFICER ANNEXURE A9 A TRUE COPY OF THE LETTER BEARING NO. ADG SECTT/MISC/09/357 DATED 29.04.2009, ALONG WITH ITS ENCLOSURES.
ANNEXURE A10 A TRUE COPY OF THE GRADATION LIST IN RESPECT OF PS TO DGAR, SUB (PA) ETC.
BEARING NO. REC (ADM-IV)/GDN LIST/2001/442 DATED 28TH MARCH, 2001.
ANNEXURE A11 A TRUE COPY OF THE ORDER BEARING NO.A/1- 1/10-82/76 DATED 04.10.1982, ISSUED BY THE DEPUTY DIRECTOR GENERAL, ASSAM RIFLES ANNEXURE R6 TRUE COPY OF RULE 15(3)(C) OF AR RULES 2010 2025:KER:59383 O.P(CAT)No.73 of 2025 5 EXHIBIT P1 TRUE COPY OF ORDERS DATED 25/11/2024 IN MA NO. 698/2024 IN O.A. 275/2023 EXHIBIT P2 TRUE COPY OF ORDERS DATED 25/11/2024 IN O.A. 275/2023 EXHIBIT P3 A TRUE COPY OF THE ORIGINAL APPLICATION NO.
275/2023 ALONG WITH ANNEXURES EXHIBIT P4 A TRUE COPY OF THE REPLY STATEMENT DATED 20/02/2024 ALONG WITH THE ANNEXURES EXHIBIT P5 A TRUE COPY OF THE REJOINDER DATED 02/05/2024 ALONG WITH ANNEXURES EXHIBIT P6 A TRUE COPY OF THE MA NO. 698/2024 IN OA NO. 275/2023 EXHIBIT P7 A TRUE COPY OF THE OBJECTION DATED 08/10/2024 TO THE MA NO. 698/2024 IN OA NO.
275/2023EXHIBIT P8 A TRUE COPY OF THE ADDITIONAL REPLY STATEMENT ALONG WITH ANNEXURE EXHIBIT P9 TRUE COPY OF MEDICAL PRESCRIPTION DATED BETWEEN 2014-15 EXHIBIT P10 TRUE COPY OF MEDICAL PRESCRIPTION DATED BETWEEN 2016-17 EXHIBIT P11 A TRUE COPY OF THE DISCHARGE SUMMARY DATED 23/12/2022 FROM AMRITA HOSPITAL, KOCHI EXHIBIT P12 A TRUE COPY OF THE DISCHARGE SUMMARY DATED 04/07/2023 FROM AMRITA HOSPITAL, KOCHI EXHIBIT P13 TRUE COPY OF CYTOLOGY/ HISTOPATHOLOGY REPORT DATED 31/03/2011 EXHIBIT P14 A TRUE COPY OF THE PRESCRIPTION OF SKIN SPECIALIST DURING THE PERIOD 21/11/2013 TO 18/06/2014 EXHIBIT P15 A TRUE COPY OF PRESCRIPTION DATED 9/8/2021