Kerala High Court
Shri. Sankar N.S vs Union Of India on 29 January, 2025
Author: Amit Rawal
Bench: Amit Rawal
2025:KER:8015
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
WEDNESDAY, THE 29TH DAY OF JANUARY 2025 / 9TH MAGHA, 1946
OP (CAT) NO. 11 OF 2025
AGAINST THE ORDER DATED 09.01.2025 IN RA NO.19 OF
2024 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
AGAINST THE ORDER DATED 27.09.2024 IN OA NO.604 OF
2023 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS/RESPONDENTS/APPLICANTS:
1 SHRI. SANKAR N.S, AGED 37 YEARS,
S/O. N SIVAN, DEVADHWANI,
SANKARAPURAM, MULAGUNNATHUKAVU,
THRISSUR PRESENTLY WORKING AS MANAGER,
SPEED POST CENTRE,
THRISSUR 680001, PIN - 680581
2 SMT. HEMALATHA, AGED 46 YEARS,
D/O RADHAKRISHNAN, 33/938,
JKS 119, NARAYANEEYAM,
PERUMBHOTTA ROAD,
ELAMAKKARA PRESENTLY WORKING AS ASPM EDAPPALLY,
(HSG II) EDAPALLY,
ERNAKULAM DIVISION,
MOB. NO. 9496302127, PIN - 682026
3 SMT. RESMABINDU C P, AGED 52 YEARS
D/O PAPPUTTY C P, PACHAMBILL HOUSE,
PUDURKKARA, AYYANTHOLE, THRISSUR PRESENTLY
WORKING AS HSG II,
APM ACCOUNTS,
THRISSUR HO - 680001
MOB. NO. 9447617554, PIN - 680003
2025:KER:8015
OP (CAT) NO. 11 OF 2025
2
4 SHRI. MANOJ K, AGED 41 YEARS,
S/O MOHAN C NAIR, SREELAKAM,
KIDANGODI, KANJIKODE WEST,
PRESENTLY WORKING AS POSTMASTER HSG II COYALMANNA
SO, PALAKKAD DIVISION,
MOB. NO. 9447669834, PIN - 678623
BY ADV R.LEELA
RESPONDENTS/ REVIEW APPLICANTS/RESPONDENTS:
1 UNION OF INDIA,
REP. BY THE SECRETARY (POSTS),
MINISTRY OF COMMUNICATIONS & AMP; IT,
DEPARTMENT OF POSTS,
DAK BHAWAN,
SANSAD MARG,
NEW DELHI, PIN - 110001
2 THE DIRECTOR GENERAL (POSTS),
MINISTRY OF COMMUNICATIONS &
IT, DEPARTMENT OF POSTS,
DAK BHAWAN, SANSAD MARG,
NEW DELHI, PIN - 110001
3 THE ASSISTANT DIRECTOR GENERAL (SPG)
MINISTRY OF COMMUNICATIONS & IT,
DEPARTMENT OF POSTS,
DAK BHAWAN,
SANSAD MARG,
NEW DELHI, PIN - 110001
4 THE ASSISTANT DIRECTOR GENERAL (DE),
MINISTRY OF COMMUNICATIONS & IT,
DEPARTMENT OF POSTS, DAK BHAWAN,
SANSAD MARG,
NEW DELHI, PIN - 110001
5 THE DIRECTOR (DE)
MINISTRY OF COMMUNICATIONS & IT,
DEPARTMENT OF POSTS, DAK BHAWAN,
SANSAD MARG,
NEW DELHI, PIN - 110001
6 THE SECRETARY,
2025:KER:8015
OP (CAT) NO. 11 OF 2025
3
DEPARTMENT OF PERSONNEL AND TRAINING,
MINISTRY OF PERSONNEL,
PUBLIC GRIEVANCES AND PENSION,
NORTH BLOCK,
CENTRAL SECRETARIAT,
NEW DELHI, PIN - 110001
7 THE CHIEF POSTMASTER GENERAL
KERALA POSTAL CIRCLE,
THIRUVANANTHAPURAM, PIN - 695033
BY ADV T. V. VINU (CGC)
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON
29.01.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:8015
OP (CAT) NO. 11 OF 2025
4
JUDGMENT
AMIT RAWAL,J.
The Central Administrative Tribunal allowed O.A.No.604/2023 vide order dated 27.09.2024. However, review has been filed by the Union of India, as certain documents, particularly the order of the Bangalore Bench, has not been taken into consideration. The Tribunal, vide order under review dated 09.01.2025 in R.A.No.19/2024 passed the following order and restored the OA:
"This is a Review Application filed by the respondents in the Original Application seeking to review the order dated 27.09.2024 in the Original Application.
2. The of the crux arguments of the Review Applicants/respondents in the Original Application is that at the time of final hearing of the O.A., copy of order of Bangalore Bench of this Tribunal - Annexure-RA2 in OA 632/2023 was placed before this Tribunal. But the Court failed to make mention about the said decision, nor relied on it and allowed the O.A. taking a contra view. According to the Review Applicants, it is a decision of a co-ordinate Bench of equal strength, whereunder the O.A. seeking self same relief was dismissed by the Bangalore Bench. Challenge in both the O.A. was one and the same. This Tribunal which is a subsequent co-ordinate Bench of equal strength, instead of taking a contra view should 2025:KER:8015 OP (CAT) NO. 11 OF 2025 5 have referred the matter to a larger bench as held by Hon'ble Supreme Court In Union of India & others v. S.K.Kapoor [(2011) 4 SCC 589). That has resulted in rendering two decisions of co-ordinate Benches of equal strength on the same set of facts.
3. According to the petitioners, such contradictory decisions have pan-India applicability. Moreover, such conflicting views by co-ordinate Benches have resulted in dichotomous situation. Therefore, if results are declared as directed by this Tribunal, in the backdrop of the decision of the Bangalore Bench, It may result in further complications.
4. The respondents in the Review Applicants, who are the Original Applicants have disputed the contentions and sought for dismissing the Review Application. According to them, in pursuance to the order passed by this Tribunal, the official respondents in the Original Application have circulated a draft Recruitment Rules for PS Group-B cadre inviting comments from the stakeholders. Annexure-R1 would clarify the actual intention of the department. Referring to Annexure-R2 it is submitted after Annexure-RA1 order the respondents have withdrawn Writ Petition No. 15184/2024 pending before the Hon'ble High Court of Rajasthan. Referring to Gopal Krishanindly v. Fifth Additional District Judge, Kanpur [AIR 1981 Allahabad 300] and Indo- Swiss Time Ltd. v. Umrao [AIR 1981 Punjab and Haryana 213] it is submitted that when there are two conflicting judgments, the latter should prevail. The contention that Annexure-RA1 order was passed without referring to RA2 is factually incorrect. Through documents these respondents could show that the persons who sought permission for attending the examination were 2025:KER:8015 OP (CAT) NO. 11 OF 2025 6 permitted to appear for the examination. Such contentions were not raised before the Bangalore Bench. In fine, the Review Application is sought is dismissed.
5. We heard learned counsel on both sides.
6. The argument of the Review Applicants, who are the respondents in the Original Application, is that even though Annexure- RA2 order of the Bangalore Bench dated 07.06.2024 was produced before this Tribunal on 30.08.2024, the Tribunal did not make any reference about it in the Annexure-RA1 Order, which is illegal, which resulted in rendering conflicting decisions by co-equal Benches.
7. There cannot be denial of the fact that Annexure-RA2 order was produced before this Tribunal by the learned Senior Central Government Standing Counsel during the course of argument and had pointed out that the Bangalore Bench had dismissed the O.A., whereby correctness of cancellation of the notification and issue of a fresh notification was upheld. But this Tribunal has taken a contrary view. It is a fact that by an inadvertent omission the Tribunal failed to notice it in the Annexure-RA1 order. Resultantly, two co-equal Benches have rendered conflicting decisions on the same issue. As rightly pointed out, that will have pan-India complications. Matter relates to the filling up of 25% of the quota meant for Postal Services Group-B cadres through Limited Departmental Competitive Examinations. Mistake committed by the Tribunal should not cause prejudice to any party. Therefore, the order dated 27.09.2024 requires to be reviewed.
2025:KER:8015 OP (CAT) NO. 11 OF 2025 7 Resultantly, the Review Application is allowed and O.A.604/2023 will be posted for final hearing on 30.01.2025. Meanwhile, additional documents, if any, will be filed in advance."
2. We are of the view that, such an exercise by the Central Administrative Tribunal is in accordance with the provisions of the Section 114 and Order 47 of the CPC, much less the provisions of the Administrative Tribunal Act. The petitioners are at liberty to raise all the pleas in the pending O.A. in accordance with the law. We do not find any illegality and perversity in the order under challenge.
OP(CAT) stands dismissed.
Sd/-
AMIT RAWAL JUDGE Sd/-
K. V. JAYAKUMAR JUDGE msp 2025:KER:8015 OP (CAT) NO. 11 OF 2025 8 APPENDIX OF OP (CAT) 11/2025 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE ORDER F.NO.34012/04/2023-DE(I) DATED 21.11.2023 ISSUED BY 5 TH RESPONDENT Annexure A2 THE TRUE COPY OF THE NOTIFICATION F.NO.A-34012/04/2023-DE (II) DATED 21.11.2023 ISSUED BY THE 5 TH RESPONDENT Annexure A3 THE TRUE COPY OF THE PS GROUP B RECRUITMENT RULES 1993 Annexure A4 THE TRUE COPY OF NOTIFICATION NO.F.NO.A34012/03/2022DE DATED 21.09.2022 Annexure A5 THE TRUE COPY OF THE COMMUNICATION NO.F.NO.A34012/03 /2022DE DATED 26.09.2022 ISSUED BY THE 4 TH RESPONDENT Annexure A6 THE TRUE COPY OF COMMUNICATION NO.F.NO.A34012/07/ 2022-DE DATED 26.09.2022 Annexure A7 THE TRUE COPY OF ORDER NO.9- 10/2022- SPG-II DATED 25.11.2022 Annexure A8 THE TRUE COPY OF THE NOTIFICATION F.NO.A-34012/03/2022-DE DATED 02.01.2023 Annexure A9 THE TRUE COPY OF THE ORDER F.NO.A-
34012/03/2022-DE DATED 10.01.2023 Annexure A10 THE TRUE COPY OF THE ORDER NO.Y-
23/1/2022-PE-II DATED 11.04.2023 Annexure A11 THE TRUE COPY OF THE ORDER NO.9- 10/2022-SPG-II DATED 04.05.2023 2025:KER:8015 OP (CAT) NO. 11 OF 2025 9 Annexure A12 THE TRUE COPY OF THE COMMUNICATION NO.F.NO.A34012/03/2022-DE DATED 12.05.2023 Annexure A13 THE TRUE COPY OF THE COMMUNICATION NO.F.NO.A34012/03/2022-DE DATED 18.10.2023 ISSUED BY 5 TH RESPONDENT Annexure A14 THE TRUE COPY OF THE RTI INFORMATION ISSUED TO SRI. RAJEEV BELOCHAN MISHRA DATED 27.10.2023 Annexure A15 THE TRUE COPY OF THE ORDER NO.9/10/2022-SPG-LL DATED ISSUED BY THE 3RD RESPONDENT Annexure A16 TRUE CPOY OF THE ORDER NO.F.NO.A-
34012/04/2023-DE ISSUED BY THE 3RD RESPONDENT.
Annexure A17 HE TRUE COPY OF THE F.NO.A-
34012/03/2022-DE OFFICE NOTICE OF DRAFT NOTIFICATION Annexure A18 THE TRUE COPY OF THE DOPT OM NO.9- 36/2019-SPG-II DATED 26TH DECEMBER 2019 Annexure A19 THE TRUE COPY OF THE DOP OM NO.9- 36/2019 -SPG-II DATED 18TH NOVEMBER 2020 Annexure A20 THE TRUE COPY OF THE OFFICE MEMORANDUM NO.9-36/219-SPG-II DATED 15TH FEBRUARY 2023 Annexure A21 THE TRUE COPY OF THE F.NO.A-
34012/03/2022-DE DATED 2ND JUNE 2023 Annexure R1(a) THE TRUE COPY OF THE ORDER DATED 04.03.2022 IN SLP (C) DIARY NO.5030/2022 OF THE HON'BLE SUPREM COURT OF INDIA.
2025:KER:8015 OP (CAT) NO. 11 OF 2025 10 Annexure A22 THE TRUE COPY OF THE JUDGEMENT DATED 09.02.2022 OP(CAT) 50/2021 Annexure A23 THE TRUE COPY OF THE DOP OM NO.
09/02/2024-SPG.I DATED 07.03.2024 | Annexure A24 THE TRUE COPY OF THE SELECTION METHOD PARA NO.3 OF O.M.22011/2/2002 ESST (D) DATED 06.01.2006.
Annexure A25 THE TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE RESPONDENTS 1-5 IN O.A 291/2023 DATED 14.03.2024 Annexure A26 THE TRUE COPY OF THE ADMIT CARDS ISSUED IN FAVOR OF THE NINE ASPIRANTS.
Annexure RA1 THE TRUE COPY OF THE ORDER DATED 27.09.2024 IN OA NO.180/604/2023 Annexure RA2 TRUE COPY OF ORDER DATED 07.06.2024 IN O.A.NO.170/00632/2023 ISSUED BY THE BANGALORE BENCH Annexure R1 THE TRUE COPY OF THE OFFICE MEMORANDUM F.NO.9-14/2010-SPG (VOL.LL) DATED 13.11.2024.
Annexure R2 THE TRUE COPY OF THE JUDGEMENT D.B. CIVIL WRIT PETITION NO.15184/2024 DATED 25/09/2024 Exhibit P1 THE TRUE COPY OF THE O.A. NO.
180/000604/2023 ALONG WITH ITS ANNEXURES Exhibit P2 THE TRUE COPY OF THE ORDER IN OA NO.
180/604/2023 DATED 27.09.2024 Exhibit P3 THE TRUE COPY OF THE MA 36/2024 ALONG WITH THE ADDITIONAL ANNEXURE IS PRODUCED Exhibit P4 THE TRUE COPY OF THE ORDER SHEET DATED 2025:KER:8015 OP (CAT) NO. 11 OF 2025 11 21.12.2023 IN MA 1103/2023 Exhibit P5 THE TRUE COPY OF THE MA 118/2024 ALONG WITH ANNEXURE A16 Exhibit P6 THE TRUE COPY OF THE REJOINDER ALONG WITH THE ANNEXURES FILED BEFORE THE TRIBUNAL Exhibit P7 THE TRUE COPY OF THE MA 188/2024 DATED 21.02.2024 ALONG WITH ANNEXURE R1(A) Exhibit P8 THE TRUE COPY OF THE REPLAY ALONG WITH ANNEXURE A22 Exhibit P9 THE TRUE COPY OF THE M.A.NO.235/2024 ALONG WITH ANNEXURE A23 AND A24 Exhibit P10 THE TRUE COPY OF THE ADDTIONAL REPLAY STATEMENT FILED BY THE RESPONDENTS BEFORE THE TRIBUNAL ON 11.04.2024 Exhibit P11 THE TRUE COPY OF THE REJOINDER FILED BY THE PETITIONERS HEREIN TO THE ADDITIONAL REPLY STATEMENT ALONG WITH ANNEXURE A25 AND A26 Exhibit P12 THE TRUE COPY OF THE ORDER IN OA NO.
180/604/2023 DATED 27.09.2024 Exhibit P13 THE TRUE COPY OF THE RA NO. 19/2024 IN OA 180/604/2023 FILED BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL ALONG WITH THE ANNEXURES Exhibit P14 THE TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS TO THE REVIEW APPLICATION ALONG WITH THE ANNEXURES Exhibit P15 THE TRUE COPY OF THE ORDER IN REVIEW APPLICATION NO. 19/2024 DATED 09.01.2025