The court disposed of an employment posting petition as infructuous because the post at Agatti was abolished, necessitating a transfer to Kavaratti. The direction to pay costs was deleted.
Original Petition disposed of as infructuous; direction to pay costs deleted.
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 V.CHITAMBARESH
&
THE HONOURABLE MR. JUSTICE A.M.BABU
WEDNESDAY,THE 06TH DAY OF MARCH 2019 / 15TH PHALGUNA, 1940
OP (CAT).No. 203 of 2016
AGAINST THE ORDER/JUDGMENT IN OA 181/2015 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH DATED 17-05-2016
PETITIONER/S:
3 THE SECRETARY DEPARTMENT OF STATIONERY AND PRINTING, SECRETARIAT, UT OF LAKSHADWEEP, KAVARATTI, PIN - 682 555.
BY ADVS. SRI.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMN SRI.MANU.S, CGC, ADMINISTRATION OF THE UNION TERRITORY OF LAKSHADWEEP
RESPONDENT/S:
ATTAKOYA .M AGED 52 YEARS, PROOF READER CUM TRANSLATOR, LAKSHADWEEP GOVERNMENT PRESS, KAVARATTI, RESIDING AT MASHAIKENA PURA, KAVARATTI - 652 555.
BY ADV. SRI.P.SANKARANKUTTY NAIR
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 06.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2
OP (CAT).No. 203 of 2016
JUDGMENT
V.CHITAMBARESH, J.
It is conceded by both sides that the post of Proof Reader cum Translator at Agatti has since been abolished necessitating the posting of the respondent at Kavaratti itself. The Original Petition under such circumstances has become infructuous and it is disposed of accordingly. The direction to pay costs and recover the same from the officers personally is however deleted.
Sd/-
V.CHITAMBARESH
JUDGE
Sd/-
A.M.BABU
SKS/6.3.2019
JUDGE
3
OP (CAT).No. 203 of 2016
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT-P1 | A TRUE COPY OF THE ORIGINAL APPLICATION NO.181/00040/2015 |
|---|---|
| EXHIBIT-P2 | A TRUE COPY OF THE REPLY STATEMENT IN O.A.NO.181/00040/2015 |
| EXHIBIT-P3 | A TRUE COPY OF THE AMENDED ORIGINAL APPLICATION |
| EXHIBIT-P4 | A TRUE COPY OF THE REPLY STATEMENT TO THE AMENDED ORIGINAL APPLICATION. |
| EXHIBIT-P5 | A TRUE COPY OF THE COUNSEL STATEMENT DATED 22.03.2016 |
| EXHIBIT-P6 | A TRUE COPY OF THE ORDER IN O.A.NO.181/00040/2015 DATED 17.05.2016 |
RESPONDENTS' EXHIBITS
R1- TRUE COPY OF THE LETTER NO.F.NO.6/1/2014-LGP(2)/588 DATED 24.3.2017
R2-TRUE COPY OF THE ORDER NO.F.NO.10/06/2016-PRESS/K ISSUED IN JULY, 2018.
2 issues framed by the court
Whether the original petition seeking posting remains viable after the abolition of the post making it infructuous.
How to dispose of a petition that has become infructuous.
THE ADMINISTRATION OF THE UT OF LAKSHADWEEP
ATTAKOYA .M
V.CHITAMBARESH
A.M.BABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
