IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 WP(C).No. 7163 of 2010(S) ------------------------- OA.118/2010 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER(S): --------------- K.K.REMANI, ADDITIONAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, RESIDING AT HOUSE NO.55,KOWDIAR GARDEN(B SITE), KOWDIAR, THIRUVANANTHAPURAM. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN SMT.NITA.N.S. RESPONDENT(S): --------------- 1. THE CHIEF SECRETARY, GOVERNMENT OF KERALA,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ADDITIONAL CHIEF SECRETARY IN CHARGE OF DEVASWOM, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. UNION PUBLIC SERVICE COMMISSION, DOLPHUR HOUSE, NEW DELHI. 4. THE SECRETARY, UNION PUBLIC SERVICE COMMISSIONER, DHOLPUR HOUSE, NEW DELHI. 5. UNION OF INDIA, REPRESENTED BY THE SECRETARY MINISTRY OF PERSONNEL, GRIEVENCE & PENSION GOVERNMENT OF INDIA, NEW DELHI. 6. THE CHAIRMAN, GURUVAYOOR DEVASWOM, GURUVAYOOR, THRISSUR DISTRICT. 7. RATHEESAN, ADMINISTRATOR, GURUVAYOOR DREVASWOM GURUVAYOOR, THRISSUR DISTRICT ADV. SRI.THOMAS MATHEW NELLIMOOTTIL,SC UPSC FOR R3 TO R4 ADV.SRI.K.R.B.KAIMAL FOR R7 GOVERNMENT PLEADER ADV.SRI.V.KRISHNA MENON THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L. JOSEPH FRANCIS, JJ. ``````````````````````````````````````````````````````` W.P.(C) No. 7163 of 2010 S ``````````````````````````````````````````````````````` Dated this the 8th day of March, 2010 J U D G M E N T Joseph, J. Prayer in the writ petition is as follows:- “ To issue a Writ of Certiorari or any other appropriate writ, order or direction to call for the records leading to the issuance of Ext.P3 order and to quash the same directing the respondents not to process the selection of the 7th respondent for the IAS(Appointment by selection) and not to take any steps to grant the IAS to the 7th respondent.” 2. Petitioner filed O.A.No.118/2010 before the Central Administrative Tribunal, Ernakulam, seeking various reliefs. Ext.P4 is an order passed by the Tribunal which reads as follows:- “ Counsel for the respondents sought some more time to file reply. Let the same be filed within a week. Rejoinder, if any, be filed within a week thereafter. Counsel for the State Government shall produce the selection files before this Court on the next date of hearing. WPC.7163/2010 : 2 : List for disposal on 31.3.2010. However, it is made clear that the selection made by the State Government on the basis of the Annexure-A3 Rank List shall be subject to the outcome of this OA.” 3. The matter concerns the appointment by selection from Non-State Civil Service Officers for the year 2009. Both the petitioner and the 7th respondent have been recommended. The 7th respondent is at the 2nd position and the petitioner is at the 3rd position in the select list. The petitioner has raised various grounds to point out that the 7th respondent could not be considered. 4. We heard the learned senior counsel Sri.N.N.Sugunapalan on behalf of the petitioner, Sri.K.R.B.Kaimal, learned senior counsel for the 7th respondent, learned Government Pleader and Sri.Thomas Mathew Nellimoottil, learned counsel appearing on behalf of respondents 3 and 4. Learned senior counsel for the petitioner would submit that the petitioner is aged 54 and this is her last chance. He would also raise certain grounds to point out that the 7th respondent cannot be selected. Learned senior counsel for the 7th respondent would submit that WPC.7163/2010 : 3 : the matter is coming up for final hearing on 31-03-2010 before the Tribunal. 5. We do not think that we would be justified in interfering at this stage. We feel that all that is required is a direction to the Tribunal to consider and take a decision on the OA filed by the petitioner expeditiously, since it is submitted that the OA is posted for disposal on 31-03-2010. 6. The writ petition is disposed of directing the Tribunal to take up Ext.P1 OA filed by the petitioner and hear the parties and dispose of the same finally, if possible on the same day itself, and if it is not possible, within a period of one week from 31-03-2010. We make it clear that we have not pronounced on the merits of the contentions of the parties. Sd/- (K.M.JOSEPH, JUDGE) Sd/- (M.L.JOSEPH FRANCIS, JUDGE) aks // True Copy // P.A. To Judge