IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 24TH FEBRUARY 2009 / 5TH PHALGUNA 1930 WP(C).No. 887 of 2006(S) ------------------------ OA.734/2002 of CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH .................... PETITIONER(S): --------------- 1. K.VIJAYA NITHESWARA RAO, S/O.K.PADMANABHA RAO, JUNIOR ENGINEER(CIVIL), OFFICE OF THE CIRCLE POST MASTER GENERL, A.P.CIRCLE, DAKSADAN, HYDERABAD. 2. G.NEELAKANTAN, S/O.G.NARAYANAN, JUNIOR ENGINEER(CIVIL), POSTAL CIVIL SUB DIVISION, HYDERABAD. 3. D.PRABHAKAR, S/O.D.MALLAIAH, JUNIOR ENGINEER(CIVIL), POSTAL CIVIL SUB DIVISION, VIJAYAWADA. 4. R.SRIHARI, S/O.R.NARASIMHULU, JUNIOR ENGINEER (CIVIL), POSTAL CIVIL SUB DIVISION HYDERABAD. BY ADV. SRI.C.P.RAVIKUMAR RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY THE SCREATARY, DEPARTMENT OF POSTAL, MINISTRY OF COMMUNICATIONS, GOVERNMENT OF INDIA, NEW DELHI. 2. THE CHIEF ENGINEER(C), POSTAL ELECTRICAL SUB DIVISION, HEAD QUARTERS, DEPARTMENT OF POST DAK BHAVAN, NEW DELHI. 3. THE SUPERINTENDING ENGINEER(E), POSTAL ELECTRICAL CIRCLE, BANGLORE-9. 4. THE EXECUTIVE ENGINEER(E), POSTAL ELECTRICAL CIRCLE, BANGALORE. 5. A.ASHOK KUMAR, JUNIOR ENGINEER, POSTAL ELECRICAL SUB DIVISION, NO.3 E-IN.C ROAD, CHENNAI-600 105. 6. NALINI, JUNIOR ENGINEER, KANTA NAYAK POSTAL ELECTRICAL SECTION, SAMBHALPUR-768 001. 7. GIRI SHANKAR KHAKHATARI, JUNIOR ENGINEER, POSTAL ELECTRICAL SUB DIVISION, GOWAHATI-781 001. 8. T.VIJAYAKUMAR, S/O.M.THANKAPPAN PILLAI, JUNIOR ENGINEER(ELECTRICAL),POSTAL ELECTRICAL SUB DIVISION,THIRUVANANTHAPURAM,RESIDING AT PATTIRTHU KIZHAKKETHIL,ANGILLIPRA,THATTARAMBALAM.P.O, MAVELLIKARA. 9. P.A.M.ANSARI, S/O.K.K.ABDUL KAREEM, JUNIOR ENGINEER(ELECTRICAL), POSTAL ELECTRICAL SECTION,ERNAKULAM,RESIDING AT HASHIM MANZIL, PADAMUGAL,KOCHI. 10. CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. ADV. SRI.M.R.HARIRAJ FOR R8 & 9 SMT.REKHA VASUDEVAN FOR R8 & 9 SRI.SURAJ.S FOR R8 & 9 SRI.P.A.KUMARAN FOR R8 & 9 SMT.VINEETHA B. FOR R8 & 9 SRI.JAMES ABRAHAM (VILAYAKATTU) FOR R8 & 9 SRI.K.R.AVINASH (KUNNATH) FOR R8 & 9 SRI.JOHN VARGHESE, ASSISTANT SG FOR R1 TO 4,10 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXTS: EXT.P1 TRUE COPY OF THE EXTRACT OF TE PROVISIONAL LIST DT.1.3.05. EXT.P2 TRUE COPY OF JUDGMENT PASSED BY THE 10TH RESPONDENT DT. 15.4.05. EXT.P3 TRUE COPY OF SENIORITY LIST DT.28.12.05. EXT.P4 TRUE COPY OF LETTER DT. 5.1.06 OF THE COUNSEL FOR THE PETITIONERS TO THE 2ND RESPONDENT. EXT.P5 TRUE COPY OF O.A.NO.403/05. EXT.P6 TRUE COPY OF EXTRACT OF REPLY STATEMENTS BY RESPONDENTS 1 TO 3 INCLUDING RESPONDENTS 1 AND 2 IN O.A.403/05. EXT.P7 REPLY AFFIDAVIT BY THE PETITIONERS IN O.A. 403/05. EXT.P8 TRUE COPY OF EXTRACT OF THE CONDITIONS AGREED AND SIGNED BY THE CANDIDATES WHO COME ON DEPUTATION IN POSTAL DEPARTMENT. RESPONDENTS' EXTS: EXT.R3(a) TRUE COPY OF RELEVANT PORTION OF THE RECRUITMENT RULES 1995 DT.21.11.95. EXT.R3(b) TRUE COPY OF ORDER IN O.A.1490/04 OF THE CAT, PRINCIPAL BENCH, NEW DELHI DT.30.8.05. EXT.R8(a) TRUE COPY OF ORDER NO.(9)SEE/PEC/DGL/2001/793 DT.10.12.01 ISSUED BY THE 3RD RESPONDENT. EXT.R8(b) TRUE COPY OF LETTER NO.9(19)SEE/PEC/DGL/2001/838 DT.19.12.01 ISSUED BY THE 4TH RESPONDENT. EXT.R8(c) TRUE COPY OF THE DEPARTMENT OF POST (JUNIOR ENGEER (ELECTRICAL) IN CIVIL WING) RULES, 1995. EXT.R8(d) TRUE COPY OF LETTER NO.9(5)/SE(E)/PEC/BGL/99/51 DT.20.5.99 ISSUED BY THE 3RD RESPONDENT. EXT.R8(e) TRUE COPY OF RELEVANT PORTION OF THE BOOK SWAMY'S COMPILATION OF ESTABLISHMENT AND ADMINISTRATION. EXT.R8(f) TRUE COPY OF OM NO.20011/1/2000-ESTT DT.27.3.01. /TRUE COPY/ K. BALAKRISHNAN NAIR & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 887 of 2006 S - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of February, 2009 JUDGMENT Balakrishnan Nair, J. The writ petitioners are Junior Engineers (Civil) working in the Postal Department. Respondents 8 and 9 are Junior Engineers (Electrical) absorbed in the Postal Department from All India Radio. The said respondents moved the Central Administrative Tribunal by filing an Original Application for reckoning their past service in their parent department also for the purpose of seniority. The said Original Application was allowed by the Tribunal by Ext.P2 order. Following the principles laid down in Ext.P2, the seniority list of Civil Engineers was also revised. Ext.P1 is the provisional seniority list of Civil Engineers, which was finalised as per Ext.P3. Since the principles laid down by the Central Administrative Tribunal was followed for revising the seniority list, the petitioners have approached this Court challenging Ext.P2. W.P.(C).No. 887 of 2006 2 2. We feel that this Writ Petition is not maintainable. If the petitioners are aggrieved by Ext.P3, their remedy is to challenge it before the Central Administrative Tribunal. If they do not succeed, they can approach this Court. Ext.P2 will be used only as a precedent against them. A person, who may be affected by a judgment cited as a precedent, need not challenge it. He should not be permitted to challenge the same as he is not interested in the dispute decided in that case. 3. In the result, this Writ Petition fails and it is dismissed. But the contentions of the petitioners against Ext.P2 order in O.A.No. 734 of 2002 are kept open. (K. BALAKRISHNAN NAIR) Judge (M.L. JOSEPH FRANCIS) Judge tm W.P.(C).No. 887 of 2006 3