IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 WP(C).No. 24452 of 2008(S) --------------------------------------- OA.673/2006 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER(S): ---------------------- 1. THE CHIEF POSTMASTER GENERAL, KERALA CIRCLE, TRIVANDRUM-33. 2. THE ASSISTANT DIRECTOR (STAFF), O/O CHIEF POSTMASTER GENERAL KERALA CIRCLE, TRIVANDRUM-33. 3. UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF COMMUNICATIONS NEW DELHI-110 001. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR RESPONDENT(S): ------------------------- K.P.VARGHESE, ASST.POSTMASTER (A/CS) (RETD)ERNAKULAM HEAD POST OFFICE, RESIDING AT 'KOTTARATHIL' HOUSE, MULANTHURUTHY, ERNAKULAM. ADV. SRI.P.C.SEBASTIAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.24452/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE OA. NO.673/06 FILED BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. P2:- COPY OF THE REPLY STATEMENT FILED BY THE PETITIONERS. P3:- COPY OF THE ORDER DT. 7.3.08 IN OA. NO.673/06. /TRUE COPY/ P.A. TO JUDGE tss K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------------------- W.P.(C)No.24452 OF 2008 S ----------------------------------------------------- DATED THIS THE 20th DAY OF OCTOBER, 2008 J U D G M E N T Balakrishnan Nair, J. The Writ Petitioners who are the respondents in O.A.No.673/06 have approached this Court challenging Exhibit P3 order of the CAT, dated 7.3.2008 in that O.A. Though, many grounds were taken in the Writ Petition, when the case was taken up for hearing on admission, the learned counsel for the writ petitioners submitted that the Tribunal has only power to direct the writ petitioners to consider the case of the respondent/applicant for promotion. But, in this case, there is a positive direction to promote him. The tone and tenor of the order would show that the writ petitioners are bound to promote him. To that extent, that order is without jurisdiction. Taking note of the above submission, we issued notice to the respondent by our speaking order, dated 22.9.2008. 2. We heard the learned counsel appearing for the respondent also. The last but one sentence in the impugned order, W.P.(C)No.24452/08 -2- Exhibit P3 reads as follows: “ The respondents are, therefore, directed to consider the case of the Applicant in terms of the aforesaid Rule and grant him all consequential benefits within three months from the date of receipt of this order.” We accept the contentions of the petitioners and modify the said sentence in the following manner. “ The respondents are, therefore, directed to consider the case of the Applicant in terms of the aforesaid Rule and grant him the benefits, if any, found due to him upon such consideration, within three months from the date of receipt of this order.” The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. dsn