The High Court of Kerala disposed of an original petition challenging a CAT order regarding seniority. Due to a subsequent office order negating the petitioner's claim, the Court reserved liberty to challenge financial benefits arising if seniority were revised later.
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 HON'BLE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR &
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
WEDNESDAY, THE 5TH DAY OF SEPTEMBER 2012/14TH BHADRA 1934
OP (CAT).No. 2755 of 2012 (Z) ----------------------------OA.98/2011 of CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH
PETITIONER(S):
R.VIJAYAN, AGED 63 YEARS, STAFF NO.11016 RETIRED DIVISIONAL ENGINEER (TELECOM), BHARAT SANCHAR NIGAM LIMITED, KOLLAM SECONDARY SWITCHING AREA, KERALA CIRCLE, RESIDING AT USHUS, VADAMON P.O., ANCHAL-691306.
BY ADV. SRI.S.VISHNU
RESPONDENT(S):
BY ADV. SRI.MATHEWS K.PHILIP,SC, BSNL
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 05-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DSV/-
OP (CAT).No. 2755 of 2012 (Z)
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENTS' EXHIBITS:
NIL
//TRUE COPY//
P.A. TO JUDGE
DSV/-
MANJULA CHELLUR (Ag.CJ) & A.M.SHAFFIQUE, J.
---------------------------------------------------O.P.(CAT) No. 2755 of 2012 --------------------------------------------------Dated this the 5th day of September , 2012
J U D G M E N T
MANJULA CHELLUR (Ag.CJ)
Though the petitioner is challenging the order of the Central Administrative Tribunal, in view of subsequent development i.e. the office order dated 26/6/2012 wherein there is no revision of seniority as claimed by the petitioner, he intends to challenge the order dated 26.6.2012. Therefore, virtually no specific relief could be granted in this original petition.
In that view of the matter, we dispose of the original petition reserving liberty to the petitioner to challenge his claim for financial benefits which would have arisen if revision of seniority was acceded to by the respondent management
MANJULA CHELLUR (ACTING CHIEF JUSTICE)
A.M.SHAFFIQUE (JUDGE)
rka
1 issue framed by the court
Whether the High Court should dispose of the original petition given subsequent office order nullifying the claim for revision of seniority.
R.Vijayan
The Chief General Manager, Bharat Sanchar Nigam Limited
The Chairman and Managing Director, Bharat Sanchar Nigam Limited
Union of India
Manjula Chellur
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
