Remanded

Arun.P.Vasudevan v. Union of India

Kerala HC9 Oct 2020OP (CAT)/132/2019

Case brief

AI extract

What is this about?

The High Court of Kerala set aside an order of the Central Administrative Tribunal which dismissed an original application due to a pending review. Upon the review disposing adversely and setting aside the challenged notification, the Court remitted the matter to the Tribunal for fresh consideration and orders within two months.

What did the court decide?

The order dated 27.3.2019 in O.A. No. 217/2019 is set aside and the matter is remitted to the Tribunal to pass orders within two months.

Arun.P.Vasudevan Vs Union of India — Service and Employment | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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THE HONOURABLE MR. JUSTICE GOPINATH P.

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FRIDAY, THE 09TH DAY OF OCTOBER 2020 / 17TH ASWINA, 1942

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OP (CAT).No.132 OF 2019

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AGAINST THE ORDER IN OA 217/2019 DATED 27-03-2019 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH

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PETITIONERS/APPLICANTS IN THE OA:

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1 ARUN.P.VASUDEVAN AGED 31 YEARS

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S/O. VASUDEVAN P.N., RESIDING AT PUNCHDATH HOUSE, MULAYAM P.O., VALAKKAVU, MANNUR, THRISSUR 680 751.

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2 VIDYAMOL.T.H.,

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AGED 30 YEARS

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W/O. ARUN KUMAR, RESIDING AT THAIPARAMBIL HOUSE, THUMPING P.O., ALAPPUZHA 688 008.

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3 RASHMA THERES K. JOY AGED 27 YEARS

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W/O. RONY, RESIDING AT MOONJELY HOUSE, PUTHENPALLY VARAPUZHA P.O., ERNAKULAM 683 517.

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4 ANISHA.M., AGED 29 YEARS

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W/O. JYOTHIS.M., RESIDING AT MELEDTH HOUSE, EDAKKAD P.O., KADAMBUR, KANNUR 670 663.

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5 ABDULLA ANSHAD.S. AGED 31 YEARS

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S/O. SHAMSUDHIN.M. RESIDING AT DARUL AMAN NETTUR P.O., MARADU, ERNAKULAM 682 040.

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6 APPU.M.S.,AGED 27 YEARS, S/O. SIVAN M.K., RESIDING AT MURINGATHARA HOUSE MARAPPALAM WEST. AZHICODE P.O., THRISUSR DISTRICT 680 666

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7 ANJU SANTHOSH,AGED 32 YEARS, D/O. LATE C.R. SANTHOSH, RESIDING AT CHIRAPARAMBIL HOUSE, HOUSE NO. 11/107C SOUTH THAMARAPARAMBU, FORT KOCHI 682 001.

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O.P(CAT).No. 132/2019

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8 ROHNA BASTIN,AGED 26 YEARS W/O. SILVANOS V. ANTONY, RESIDING AT 15/322D, VELIYATH HOUSE MOOLAMKUZHI MUNDAMVELI P.O., KOCHI 682 507.

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9 JITHIN K.T.,AGED 30 YEARS S/O. THANKAPPAN.K.K., RESIDING AT KURUPPATH PARAMBIL M.G. NAGAR PLOT NO. 551, P.O., PUNKUNNAM, THRISSUR 680 002.

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10 RIJUN K.V., AGED 24 YEARS S/O. DIVAKARAN.K.V., RESIDING AT KUNNUMALTHAZHAM, VENGERI P.O., KOZHIKODE 673 010.

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11 SYAMLAL A.B., AGED 26 YEARS S/O. BHASKARAN.M.,RESIDING AT SYAM NIVS, CNRA 130A, CHATHIYODE LANE, NALANCHIRA, MUTTADA P.O., THIRUVANANTHAPURAM 695 025.

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12 ASWATHY MOHANDAS,

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AGED 30 YEARS

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D/O. MOHANDAS, RESIDING AT 9/201, KRISHNA KRIPA KUSUMAGIRI P.O., KAKKANAD, KOCHI 682 030.

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BY ADVS. SRI.ELVIN PETER P.J. SRI.K.R.GANESH SMT.N.R.REESHA

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RESPONDENTS/RESPONDENTS IN THE OA:

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1 UNION OF INDIA REPRESENTED BY ITS SECRETARY MINISTRY OF DEFENCE, NEW DELHI 110 001.

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2 THE SECRETARY, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS, DEPARTMENT OF PERSONNEL AND TRAINING, NORTH BLOCK, NEW DELHI 110 001.

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3 THE CHIEF OF NAVAL STAFF, MINISTRY OF DEFENCE, SENA BHAWAN., NEW DELHI 110 011.

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O.P(CAT).No. 132/2019

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4 THE FLAG OFFICER, COMMANDING -IN-CHIEF, CIVILIAN RECRUITMENT CELL SOUTHERN NAVAL COMMAND, NAVAL BASE, KOCHI 682 004.

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R1-4 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA

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THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 09.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P(CAT).No. 132/2019

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JUDGMENT

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Dated this the 9^th day of October 2020

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Shaffique, J

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This original petition has been filed challenging the order dated 27.3.2019 in O.A.No.180/00217/2019 by which the Tribunal issued the following directions.

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“2. Applicants are candidates who had appeared in the written examination conducted in August 2017 in response to Annexure A-1 notification. The issue relating to their eligibility visa-vis promotees was taken up before the Principal Bench of this Tribunal in O.A.No.3042/2016 which was decided on 18.12.2018 setting aside the notification. It is stated by the learned counsel for the applicants that a review is pending against the said order before the Principal Bench.

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Shri. C. Rajendran takes notice on behalf of the respondents. The issue as it stands before us, there is no scope for this Tribunal to consider the very same issue so long as the review remains pending before the Principal Bench. The Original Application is dismissed. The applicants are granted liberty to approach the appropriate forum, if they choose to do so. No costs.”

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It is now brought to our notice that the order of the Principal Bench in O.A.No.3042/2016 was reviewed and the original application was since dismissed as per order dated 4.2.2020. Under such circumstances, the notification stands set aside and necessarily further proceedings pursuant to the said notification, i.e., examination

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O.P(CAT).No. 132/2019

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conducted pursuant to the said notification will have to be undertaken by the competent authorities. Since the Tribunal has not gone into those facts and had allowed the original application based on the order dated 18.12.2018 in O.A.No.3042/2016 which has subsequently been reviewed and O.A.No.3042/2016 was dismissed, it is only appropriate to remit the matter back to the Tribunal for passing further orders in the matter.

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Accordingly, we set aside the order dated 27.3.2019 (Ext.P2) and the matter is remitted back to the Tribunal to consider it afresh and to pass appropriate orders as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment.

Sd/-

A.M.SHAFFIQUE

JUDGE

Sd/-

GOPINATH P.

True copy

JUDGE

P.A. To Judge

O.P(CAT).No. 132/2019

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE O.A. NO. 217/2019 FILED BEFORE THE HONBLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH,

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EXHIBIT P2 TRUE COPY OF THE ORDER DATED 27.3.2019 IN O.A. NO. 217/2019 OF THE HONBLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. EXHIBIT P3 TRUE COPY OF THE ORDER DATED 4/2/2020 IN R.A NO.31/2019 AND R.A NO.59/2019 IN OA.NO.3042/2016 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI.

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EXHIBIT P4 TRUE COPY OF THE ORDER DATED 4/2/2020 IN OA.NO.3042/2016 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI.

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RESPONDENTS' EXHIBITS:

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EXHIBIT R1 TRUE COPY OF THE SRO 95/2018 DATED 14.7.2006 EXHIBIT R2 TRUE COPY OF THE SRO 40/2008 DATED 8.4.2008

Arun.P.Vasudevan v. Union of India

Case brief

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Arun.P.Vasudevan v. Union of India

Case brief

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