Disposed

Arjun Mohan v. the Union of India

Kerala HC2 Jul 2024OP (CAT)/277/2016

Case brief

AI extract

What is this about?

A challenge to the Central Administrative Tribunal's order directing reconsideration of the withdrawal of a compassionate appointment became moot because respondents passed a fresh rejection order during pendency, which is under challenge in the pending OA. The court closed the petition with liberty to raise all pleas in the OA.

What did the court decide?

Petition closed with liberty to the petitioner to take all pleas in the pending OA.

Arjun Mohan Vs the Union of India — Service and Employment | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE AMIT RAWAL

¶4

¶5

THE HONOURABLE MR. JUSTICE EASWARAN S.

¶6

TUESDAY, THE 2ND DAY OF JULY 2024 / 11TH ASHADHA, 1946

¶7

OP (CAT) NO. 277 OF 2016

¶8

AGAINST THE ORDER DATED 05.08.2016 IN OA NO.36 OF 2015 OF
CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH

¶9

PETITIONER/S:

¶10

ARJUN MOHAN ACCOUNTANT,
OFFICE OF PRINCIPAL ACCOUNTANT GENERAL,
(ACCOUNTS & ENTITLEMENT), THIRUVANANTHAPURAM,
RESIDING AT SANDRAM, C3, SUBHASH LANE,
NETAJI ROAD,THOPPUMUKKU, VATTIYOORKAVU,
THIRUVANANTHAPURAM-13.

¶11

BY ADV S.RAMESH

¶12

RESPONDENT/S:

¶13

1THE UNION OF INDIA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
MINISTRY OF PERSONAL, PUBLIC GRIEVANCES AND PENSIONS,
(DEPARTMENT OF PERSONNEL & TRAINING),
NORTH BLOCK, NEW DELHI-110 001.

¶14

2 THE PRINCIPAL ACCOUNTANT GENERAL A E KERALA, THIRUVANANTHAPURAM-1.

¶15

3 THE DEPUTY ACCOUNTANT GENERAL ADMN. OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL (A & E), KERALA, THIRUVANANTHAPURAM-1.

¶16

4MR. T.KARUNAKARAN
DEPUTY ACCOUNTANT GENERAL (ADMN.),
OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL (A & E),
KERALA, THIRUVANANTHAPURAM-695 001.

¶17

O.P.(CAT) No.277 of 2016

¶18

¶19

5 THE CONTROLLER AUDITOR GENERAL OF INDIA 9, DEEN DAYAL UPADHYAYA MARG, NEW DELHI-110 124.

¶20

6 THE DEPUTY COMPTROLLER AUDITOR GENERAL OF INDIA 9, DEEN DAYAL UPADHYAYA MARG, NEW DELHI-110 124. BY ADV SHRI.K.I.MAYANKUTTY MATHER, SC, I.A. AND A.D.

¶21

THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 02.07.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶22

O.P.(CAT) No.277 of 2016

¶23

¶24

AMIT RAWAL & EASWARAN S. , JJ.

¶25

O.P.(CAT) No.277 of 2016

¶26

Dated this the 2^nd day of July 2024

¶27

JUDGMENT

¶28

AMIT RAWAL, J.

¶29

Petitioner was appointed on compassionate grounds, on the death of his father who died in harness, as per the general conditions of the compassionate appointment, vide Annexure A4. However, after three months, the order was withdrawn which was challenged before the Tribunal in OA No.336 of 2015. Learned Tribunal vide Ext.P5 order dated 5.8.2016 set aside the order of withdrawal of the compassionate appointment and directed the competent authority to consider the request after giving opportunity of hearing. It is the aforementioned order which is assailed in this petition.

¶30

Since there was no stay to the order of the Tribunal aforementioned, on 4.11.2016, respondents passed a fresh order Ext.R2(a) rejecting the case of the petitioner which is under challenge in OA, with application for condonation of delay.

¶31

O.P.(CAT) No.277 of 2016

¶32

¶33

In that view of the matter nothing further survives in this Original Petition. Petition is closed with liberty to the petitioner to take all pleas in the pending OA.

¶34

Sd/-

¶35

AMIT RAWAL, JUDGE

¶36

Sd/-

¶37

EASWARAN S., JUDGE

¶38

¶39

O.P.(CAT) No.277 of 2016

¶40

¶41

APPENDIX OF OP (CAT) 277/2016

¶42

PETITIONER ANNEXURES

¶43

ANNEXURE A2 TRUE COPY OF THE COMMUNICATION NO. DAG(A)/C.CELL/AM/2015/UTR.53 DATED 27.4.2015 OF THE 3RD RESPONDENT.

¶44

ANNEXURE A9 TRUE COPY OF ORDER NO. 13 STAFF ENTT (RULES)/CA/012015/VOL.II DATED 21.04.2015 ISSUED BY THE DIRECTOR GENERAL (STAFF), OFFICE OF THE COMPTROLLER & AUDITOR GENERAL OF INDIA.

¶45

ANNEXURE A1 TRUE COPY OF THE APPOINTMENT ORDER NO.ADMN.V/5161/VOL.II DATED 19.01.2015 ISSUED TO THE APPLICANT.

¶46

ANNEXURE A3 TRUE COPY OF THE OFFICE MEMORANDUM NO. 14014/19/2000-ESTT.(D) DATED 24.11.2000 ISSUED BY THE GOVERNMENT OF INDIA.

¶47

ANNEXURE A4 TRUE COPY OF THE OFFICE MEMORANDUM NO.F.NO.14014/02/2012-ESTT.(D) DATED 16.01.2013 ISSUED BY THE GOVERNMENT OF INDIA.

¶48

ANNEXURE A5TRUE COPY OF THE ORDER NI.KIMS/HR/RAP/15 DATED
04.05.2015 ISSUED BY THE KIMS HEALTH CARE
MANAGEMENT LIMITED
ANNEXURE A6TRUE COPY OF THE RECEIPT NO.27665 DATED 17.07.2015
TOWARDS PAYMENT OF PROPERTY TAX TO THE
THIRUVANANTHAPURAM CORPORATION.
ANNEXURE A7TRUE ENGLISH TRANSLATION OF ANNEXURE A6.
ANNEXURE A8TRUE COPY OF THE RESULT SHEET DOWNLOADED FROM THE
WEBSITE OF THE KERALA PUBLIC SERVICE COMMISSION.
ANNEXURETRUE COPY OF THE CIRCULAR NO.5 DATED 09.02.2012
R2(a)ISSUED BY THE OFFICE OF THE COMPTROLLER AND AUDITOR
GENERAL OF INDIA (C & AG).
ANNEXURETRUE COPY OF THE CIRCULAR ISSUED BY THE OFFICE OF
R2(b)THE COMPTROLLER AND AUDITOR GENERAL OF INDIA (C &
AG) NO. 13-NGE/2009 CIRCULATED VIDE LETTER NO.
162/NGE (DISC.)/29-2008/VOL.III DATED 09.3.2009.

¶49

O.P.(CAT) No.277 of 2016

¶50

¶51

ANNEXURETRUE COPY OF THE LETTER ISSUED BY THE OFFICE OF TH
R2(c)COMPTROLLER AND AUDITOR GENERAL OF INDIA (C & AG)
ANNEXURETRUE COPY OF THE PROFORMA SUBMITTED BY THE
R2(d)APPLICANT.
ANNEXURETRUE COPY OF ATTESTATION FORM SIGNED AND SUBMITTED
R2(e)BY THE APPLICANT.

¶52

EXHIBIT P1COPY OF THE AMENDED OA NO.336/2015 WITH ANNEXURES.
EXHIBIT P2COPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE
RESPONDENTS 1 TO 3 WITH ANNEXURES R2(A) AND R2(B)
DATED 14.7.2015.

¶53

EXHIBIT P3 COPY OF THE REPLY STATEMENT DATED 14.7.2015 FILED BY THE 4TH RESPONDENT.

¶54

EXHIBIT P4 COPY OF THE ADDITIONAL REPLY STATEMENT FILED ON BEHALF OF THE RESPONDENTS 1 TO 3 WITH ANNEXURES R2(c) TO R2(e) DATED 8.9.2015.

¶55

EXHIBIT P5 COPY OF THE ORDER DATED 5.8.2016 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH IN OA NO.336/2015.

¶56

RESPONDENT ANNEXURES

¶57

AnnexureTRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT
R2(a)

Arjun Mohan v. the Union of India

Case brief

What is this about?

What did the court decide?

Arjun Mohan v. the Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Union of India Represented by the Secretary Vs Oleena C.S

K S Soman Vs Mohan Babu

Selvaraj Vs Unnikrishnan

Union of India Vs P. Venu

Jamal Vallil, Vs the Assistant Engineer

Paridabi U.P. Vs Union of India