The High Court dismissed a writ petition challenging an order directing notional promotion, holding that appointment dates must align with vacancy availability as per previous precedent.
Writ petition declared; respondent held eligible only from date of appointment on 1.7.2007.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933
WP(C).No. 10899 of 2009(S)
-------------------------AGAINST THE ORDER DATED 30.9.2008 IN MA.564/2008 IN OA.977/2003 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS/RESPONDENTS 1 TO 3 IN THE O.A.
---------------------------------
1. THE CHIEF POST MASTER GENERAL, KERALA CIRCLE, THIRUVANANTHAPURAM.
2. SENIOR SUPERINTENDENT OF POST OFFICES, KOLLAM POSTAL DIVISION, KOLLAM.
3. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, MINISTRY OF COMMUNICATIONS, GOVERNMENT OF INDIA, NEW DELHI.
BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR SRI.S.KRISHNAMOORTHY, CGC SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI
RESPONDENT/ APPLICANT IN THE O.A.
-----------------------R. PADMA, W/O. SRI. N. DAMODARAN PILLAI, GROUP D, PERINAD.P.O, KOLLAM POST DIVISION, KOLLAM, RESIDING AT PRANAVAM, AMBIPOYKA.P.O, KUNDARA, KOLLAM DISTRICT.
ADV. SRI.O.V.RADHAKRISHNAN, SENIOR ADVOCATE FOR R1 SMT.REKHA VASUDEVAN FOR R1
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.10899/2009
APPENDIX
PETITIONER'S EXTS:
| EXT.P1: | COPY OF THE O.A.NO.977/2003 & M.A.No.564/2008 FILED BY THE RESPONDENT BEFOR ETHE CAT ERNAKULAM BENCH. |
|---|---|
| EXT.P2: | COPY OF THE CAT ORDER DT.30.9.2008 IN M.A.NO.564/2008 |
| EXT.P3: | COPY OF THE REPLY STATEMENT FILED BY THE PETITIONERS IN M.A.NO.564/2008 |
| EXT.P4; | COPY OF THE ORDER ABOLISHING FOUR GROUP D POSTS IN KOLLAM DIVISION IN THE YEAR 2002 |
| EXT.P5: | COPY OF THE ORDER ABOLISHING TWO GROUP D POSTS IN KOLLAM DIVISION IN THE YEAR 2003 |
| EXT.P6: | COPY OF THE ORDER ABOLISHING TWO GROUP D POSTS IN KOLLAM DIVISION IN THE YEAR 2004 |
| EXT.P7: | COPY OF THE ORDER ABOLISHING TWO GROUP D POSTS IN KOLLAM DIVISION IN THE YEAR 2005 |
//TRUE COPY//
PA TO JUDGE
C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ.
W.P.(C) 10899 OF 2009
Dated this the 14th day of July, 2011
J U D G M E N T
~~~~~~~~~~~
C.N.Ramachandran Nair, J.
We have today decided a case of the same nature in W.P.(C) 9488/2009, wherein the respondent being the seniormost was given notional appointment on 1.1.2006. The respondent in this case is the 2nd candidate in the casual employees list and it is conceded that she was given appointment on 1.7.2007. The department's challenge is against the order of the Tribunal directing to give respondent notional promotion with effect from an anterior date, if she is found eligible. We have already noticed that if the appointments are made based on the vacancy arising in an year, casual employees may not get job at all. Considering the vacancies and the eligibility of the respondent in W.P.(C) No. 9488/2009 and with reference to the order of the Tribunal, we found he was eligible for appointment from 1.1.2006. Since the respondent in W.P.(C) No.9488/2009 was the seniormost, the
W.P.(C) No.10899/2009
2
respondent herein will get the employment only in the next arising vacancy which obviously can be only in 2007. We, therefore, do not want to modify the appointment given by the department with effect from 1.7.2007. So much so, we dispose of this W.P.(C) declaring the respondent was eligible only with effect from the date on which she is appointed.
(C.N.RAMACHANDRAN NAIR, JUDGE)
(P.S.GOPINATHAN, JUDGE)
ps
2 issues framed by the court
Whether to modify departmental appointment taking effect from 1.7.2007 for the senior-most casual employee candidate.
Whether to grant notional appointment with anterior date when vacancies may not arise to justify earlier engagement.
Colour shows how this judgement treated each authority
W.P.(C) 9488/2009Distinguished¶27
The Chief Post Master General, Kerala Circle
Senior Superintendent of Post Offices
Union of India
R. Padma
C.N. Ramachandran Nair
P.S. Gopinathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
