IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 WP(C).No. 36930 of 2004(S) -------------------------- OA.1/2002 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONERS: --------------- 1. K.VASUDEVAN ACHARY, S/O. THE LATE P.KUNCHU ACHARY, AGED 58 YEARS, ASSISTANT POST MASTER GENERAL, OFFICE OF CHIEF POST MASTER GENERAL, KERALA CIRCLE, THIRUVANANTHAPURAM. 695 033. RESIDING AT ANISHAM, TC 23/939-4, VALIYASALA, THIRUVANANTHAPURAM. 2. K.M.KUMARAN, S/O.LATE K.M.KANNAN, AGED 58 YEARS, SENIOR SUPERINTENDENT OF POST OFFICES, THRISSUR DIVISION, THRISSUR, RESIIDING AT43/2296, NEAR MOSQUE, SRM ROAD, KOCHI-18. 3. M.ANANTHAKRISHNA IYER, S/O. SRI. MAHADEVA IYER, AGED 60 YEARS, SENIOR SUPERINTENDENT OF POST OFFICES (RETIRED), CHENNAI CITY NORTH DIVISION, CHENNAI, RESIDING AT 43/2297, NEAR MOSQUE, SRM ROAD, KOCHI - 18. 4. A.RAJA, S/O. SRI. ALIYAR KUNJU, AGED 60 YEARS, SENIOR SUPERINTENDENT OF RMS, (RETIRED), MA DIVISION, MADURAI, RESIDINT AT 64/4, SATELLITE TOWNSHIP, PADAMUGAL, KAKKANAD WEST KOCHI - 30. 5. P.K.NARAYANAN, S/O. SRI.K.KESAVAN, AGED 60 YEARS, SENIOR SUPERINTENDENT OF POST OFFICES (RETIRED),DINDIGUL DIVISION,DINDIGUL, RESIDING AT “PEEROOSHA”, KOLLAD, KOTTAYAM. W.P.(C) NO.36930/2004 6. T.P.NAMBIAR, S/O.SRI.GOVINDAN NAMBIAR, AGED 60 YEARS, SENIOR SUPERINTENDENT OF POST OFFICES (RETIRED),MUMBAI CITY NORTH WEST DIVISION, KANDIVALI(E),RESIDING AT 27/684, SREEPADMAM, KUTHIRAVATTOM, CALICUT. 7. K.RAMACHANDRAN,S/O.LATE K.N.KRISHNAN PILLAI, AGED 58 YEARS, SENIOR SUPERINTENDENT OF POST OFFICES, ERNAKULAM DIVISION, KOCHI-682 011. RESIDING AT “POURNAMI”, AKG ROAD,THYKOODAM, VYTTILA P.O.,KOCHI-19. 8. N.GOPALAKRISHNAN NAIR, S/O.LATE N. KESAVAN NAIR, AGED 60 YEARS,SENIOR SUPERINTENDENT OF POST OFFICES (RETIRED),MUMBAI CITY NORTH WEST DIVISION, KANDIVALI (E),RESIDING AT ASWATHY HOUSE, NIRANAM P.O.,TIRUVALLA. BY ADV. SRI.O.V.RADHAKRISHNAN (SR.) SMT.K.RADHAMANI AMMA SRI.ANTONY MUKKATH SRI.K.RAMACHANDRAN NAIR(PATTAZHY) RESPONDENTS: --------------- 1. DIRECTOR GENERAL, DEPARTMENT OF POSTS, DAK BHAVAN, NEW DELHI-110 001. 2. UNION OF INDIA, REPRESENTED BY ITS SECRETARY,GOVERNMENT OF INDIA, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSION, (DEPARTMENT OF PERSONNEL & TRAINING), NEW DELHI-110 001. 3. CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH, REPRESENTED BY ITS REGISTRAR, C.A.T.BUILDING, MANAPPATTIPARAMBU, KALOOR, ERNAKULAM. ADV. SRI.P.PARAMESWARAN NAIR, ASST.SOLICITOR FOR R1 TO 3 SRI.P.S.BIJU, ADDL.CGSC FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.36930/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE O.A.NO.1/2002 ALONG WITH ANNEXURES OF THE CAT, ERNAKULAM DATED 17.12.2001. EXT.P2: COPY OF THE REPLY STATEMENT OF THE RESPONDENTS IN O.A.NO.1/2002 DATED 28.3.2002. EXT.P3: COPY OF THE REJOINDER STATEMENT FILED BY THE PETITIONERS IN O.A.NO.1/2001 DATED 17.12.2002. EXT.P4: COPY OF THE ADDITIONAL REPLY STATEMENT FILED ON BEHALF OF THE RESPONDENTS INO.A.NO.1/02 DATED 8.4.2004. EXT.P5: COPY OF THE ADDITIONAL REJOINDER STATEMENT FILED BY THE PETITIONERS IN O.A.NO.1/2001 DATED 30.5.2004. EXT.P6: COPY OF THE ORDER DATED 11.10.2001 IN O.A.NO.1/2002 OF THE 3RD RESPONDENT. //TRUE COPY// PA TO JUDGE. K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. -------------------------------------- W.P.(C) No.36930 OF 2004 -------------------------------------- Dated this the 22nd day of October, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioners are the applicants in O.A.No.1/2002 before the Central Administrative Tribunal, Ernakulam Bench. They challenged before the C.A.T. Annexure A14 order dated 23.7.2008 by which the Government appointed officers of Postal Service Group 'B' to officiate on regular basis in the Junior Time Scale of Indian Postal Service Group 'A' with effect from the date of assumption of charge. They also challenged Annexure A15 which is another order promoting Postal Group B officers to officiate on regular basis in the Junior Time Scale of Indian Postal Service Group 'A'. They also challenged Annexure A16 which is the seniority list of officers of Postal Service Group 'B' cadre as on 31.12.1999 published on 31.10.2000. 2. The grievance of the petitioners is that the members of the Scheduled Castes and Scheduled Tribes were promoted W.P.(C) No.36930/2004 2 with reference to the vacancies and not with reference to the cadre strength. Therefore, they got unmerited accelerated promotion under Annexures A14 and A15. They also got higher places in Annexure A16 seniority list because of the promotions granted to them applying reservation with reference to vacancies. The C.A.T. considered the claim of the applicants and rejected it on merit. But, we notice that none of the promotees under Annexures A15 and A16 or the beneficiaries of higher rank in A16 seniority list was before the C.A.T. or is before us. So, no relief could be granted to the petitioners in this writ petition, in the absence of the affected persons on the party array. Therefore, the writ petition is not maintainable. Accordingly, it is dismissed. No costs. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps