A Kerala High Court bench declined to interfere with an Administrative Tribunal order denying interim permission to a petitioner for a Departmental Examination. The court noted the petitioner's belated approach despite earlier awareness of the examination date.
Original Petition dismissed; no interference with Tribunal order.
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
MONDAY, THE 3RD DAY OF SEPTEMBER 2012/12TH BHADRA 1934 OP (CAT).No. 2819 of 2012 (Z) -----------------------------
IN OA.NO.773/2012 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER(S):
RAJESH C., AGED 34 YEARS, S/O.JANARDHANAN, NOW WORKING AS NAIK POSTAL OPERATOR (ON DEPUTATION), 1, CENTRAL BASE POST OFFICE, C/O.56 A.P.O., PERMANENT RESIDENCE AT CHITTAZHI HOUSE, VELUR P.O., THRISSUR-680601.
BY ADVS.SRI.P.C.SEBASTIAN SRI.MARTIN G.THOTTAN
RESPONDENT(S):
1. THE UNION OF INDIA REPRESENTED BY THE SECRETARY, GOVT. OF INDIA, MINISTRY OF COMMUNICATIONS, DEPARTMENT OF POSTS, NEW DELHI-110011.
2. THE SENIOR SUPERINTENDENT OF POST OFFICES, THRISSUR DIVISION, THRISSUR-680001.
3. THE COMMANDANT, CENTRAL BASE POST OFFICE, PIN-900056, C/O.56, ARMY POST OFFICE.
4. THE CHIEF POSTMASTER GENERAL KERALA CIRCLE, THIRUVANANTHAPURAM-695033.
5. THE DY.GENERAL MANAGER, M/S.CMC LTD, A-61/A, 2ND FLOOR, SECTOR 63, NOIDA-201301.
BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 03-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
AS
OP (CAT).No. 2819 of 2012 (Z)
APPENDIX
PETITIONER(S) EXHIBITS:
| EXHIBIT-P1: | COPY OF THE FILE OF THE BENCH. |
ORIGINAL APPLICATION NO.773 OF 2012 ON THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM |
|---|---|---|
| ANNEXURE-A1: | COPY OF THE DATED 17.12. |
MEMO NO.B2/POSTMAN EXAMINATION/NOV.09 2009. |
| ANNEXURE-A2: | COPY OF THE | CERTIFICATE ISSUED TO THE APPLICANT. |
| ANNEXURE-A3: | COPY OF THE SPB I DATED |
EXTRACT OF THE LETTER NO.DG(P) NO.44-4/96- 25.06.1996. |
| ANNEXURE-A4: | COPY OF THE 20.06.2012. |
NOTIFICATION NO.B3/RECTT/LGO/2012 DATED |
| ANNEXURE-A5: | COPY OF THE 23.07.2012. |
LETTER NO.199/A/PAS/SAS/SC-III DATED |
| ANNEXURE-A6: | COPY OF THE AND CONNECTE |
ORDER DATED 21.09.2011 IN O.A.NO.849/10 D CASES. |
| EXHIBIT-P2: | COPY OF THE THE CENTRAL |
ORDER DATED 24.09.2012 IN O.A.NO.667/12 OF ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. |
RESPONDENT'S EXHIBITS: NIL
/TRUE COPY/
P.A.TO JUDGE
AS
Manjula Chellur, Ag. C.J. & A.M. Shaffique, J.
JUDGMENT
Manjula Chellur, Ag. C.J.
Heard learned counsel for the petitioner. Petitioner is aggrieved by the order of the Tribunal declining to grant the interim order of permission permitting the petitioner to appear in the Departmental Examination provisionally subject to the result of the Original Application.
OP(CAT) No. 2819 of 2012
-:2:-
the interim order and in some cases it declined to extend the said benefit to the candidates. The submissions of the learned Assistant Solicitor General clarifies the situation that the Division Bench of the Tribunal declined to extend such benefit, as the applicant came late which would come in the way of preparing the Hall Ticket, i.e. shortage of time for preparing the Hall Ticket as the procedure requires above exercise.
We decline to interfere in the above circumstances. Accordingly, the Original Petition is dismissed.
Manjula Chellur, Ag. Chief Justice.
A.M. Shaffique, Judge.
ttb/03/09
OP(CAT) No. 2819 of 2012
-:3:-
2 issues framed by the court
Whether the order of the Administrative Tribunal declining interim permission to appear in the Departmental Examination should be reviewed by the Court.
Whether the petitioner deserves relief having approached the Tribunal only after becoming aware of the date of leave for similarly situated candidates.
Rajesh C.
The 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
