IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 5TH OCTOBER 2010 / 13TH ASWINA 1932 WP(C).No. 5031 of 2010(S) ------------------------- OA.754/2008 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER(S): --------------- 1. USHAKUMARI K.T., W/O.BABURAJ, RESIDING AT SREEVALSAM, IRIVALLUR P.O., CHELANNUR, KOZHIKODE, NOW WORKING AS ASSISTANT, PASSPORT OFFICE, KOZHIKODE. 2. BABY SHYLAJA KUNIYIL, W/O.P.LOHITHAKSHAN, RESIDING AT PANOTH HOUSE, MALAPARAMBA P.O., KKOZHIKODE, NOW WORKING AS ASSISTANT, PASSPORT OFFICE, KOZHIKODE. 3. BEENA.P., W/O.RAVEENDRAN M.P., RESIDING AT MELEPARIKKATT HOUSE, MADAVOOR P.O., NARIKKUNI VIA, KOZHIKODE, NOW WORKING AS ASSISTANT, PASSPORT OFFICE, KOZHIKODE. 4. BINDU.K., W/O.V.P.RADHAKRISHNAN, RESIDENT OF KALATHIL HOUSE, CIVIL STATION P.O., KOZHIKODE, NOW WORKING AS ASSISTANT PASSPORT OFFICE, KOZHIKODE. 5. JAYASREE C., W/O.SIVADASAN.K., RESIDING AT SIVASREE, KALOLIPADINILAM, ERANHIPALAM P.O., KOZHIKODE, NOW WORKING AS ASSISTANT, PASSPORT OFFICE, KOZHIKODE. 6. REEJA V., W/O.KRISHNA.A., RESIDING AT AMBALI HOUSE, KOLATHARA P.O., KOZHIKODE, NOW WORKING AS ASSISTANT PASSPORT OFFICE, KOZHIKODE. 7. SHEEBA K., W/O.DAYANANDAN, RESIDING AT SIVADAM, NEAR SOUTH MALABAR GRAMIN BANK, THIRUVANGOOR P.O., KOZHIKODE NOW WORKING AS ASSISTANT, PASSPORT OFFICE, KOZHIKODE. 8. BINDU.M., W/O.A.RAMANATHAN, RESIDING AT ANDISSERY HOUSE, KOLAKKATTUCHALI P.O., MALAPPURAM, NOW WORKING AS ASSISTANT PASSPORT OFFICE, KOZHIKODE. 9. ANITHAKUMARI M.K., W/O.KRISHNADASAN, RESIDING AT ANJALI, BALUSSERY P.O., KOZHIKODE, NOW WORKING AS ASSISTANT PASSPORT OFFICE, KOZHIKODE. 2 10. REMA ARK, W/O.T.P.MOHANAN, RESIDING AT PROMOD NIVAS, THEVAPARAMBIL HOUSE, KOLATHARA P.O., KOZHIKODE, NOW WORKING AS ASSISTANT, PASSPORT OFFICE, KOZHIKODE. 11. SUHASINI.K., D/O.BALAKRISHNAN NAIR, BHAGAVATH KRIPA, EDAKKAD, KOZHIKODE NOW WORKING AS ASSISTANT, PASSPORT OFFICE, KOZHIKODE. 12. PANKAJA O.K., W/O.SAJITH.P., RESIDING AT QUARTER NO.B-18, PASSPORT OFFICE STAFF RESIDENTIAL QUARTERS, ERANHIPALAM P.O., KOZHIKODE, NOW WORKING AS ASSISTANT PASSPORT OFFICE, KOZHIKODE. 13. SOBHANA.V., W/O.SANTHOSHKUMAR, RESIDING AT QUARTER NO.C32, PASSPORT OFFICE STAFF RESIDENTIAL QUARTERS, ERANHIPALAM P.O., KOZHIKODE, NOW WORKING AS ASSISTANT PASSPORT OFFICE, KOZHIKODE. 14. REENA.P., W/O.VENUGOPALAN, RESIDING AT KOLLAMPATH HOUSE, PANNIYANKARA, KALLAI, KOZHIKODE, NOW WORKING AS ASSISTANT PASSPORT OFFICE, KOZHIKODE. 15. SREELATHA.K., W/O.KRISHNADAS, ELAYEDATH HOUSE, VENGERI P.O., KOZHIKODE, NOW WORKING AS ASSISTANT PASSPORT OFFICE, KOZHIKODE. 16. MINI.P., W/O.SIVADASAN.K., RESIDING AT QUARTER NO.C.33, PASSPORT OFFICE STAFF RESIDENTIAL QUARTERS, ERANHIPALAM P.O., KOZHIKODE NOW WORKING AS ASSISTANT, PASSPORT OFFICE, KOZHIKODE. 17. VIJAYAN.K., S/O.RAGHAVAN NAIR, RESIDING AT KODIYOTH HOUSE, NANMINDA P.O., KOZHIKODE, NOW WORKING AS ASSISTANT, PASSPORT OFFICE, KOZHIKODE. 18. GEETHAMANI.T.P., W/O.KRISHNAN UNNI, RESIDING AT VIGNESH, PILASSERY, EDAKKAD P.O., KOZHIKODE, NOW WORKING AS ASSISTANT, PASSPORT OFFICE, KOZHIKODE. 19. VENUGOPAL E.M., S/O.E.M.NARAYANAN NIAR RESIDING AT EDAVANA MEETHAL HOUSE, NUT STREET P.O., VADAKARA, KOZHIKODE, NOW WORKING AS ASSISTANT PASSPORT OFFICE, KOZHIKODE. BY ADV. P. RAMAKRISHNAN 3 RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY THE JOINT SECRETARY (CPV) AND THE CHIEF PASSPORT OFFICER, MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI. 2. THE UNDER SECRETARY (PV), MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI. 3. N.K.BEENA, UPPER DIVISION CLERK, PASSPORT OFFICE, KOZHIKODE, RESIDING AT SAROVARAM, P.O.MADAPPALLY COLLEGE KOZHIKODE. 4. N.GEETHA, UPPER DIVISION CLERK, PASSPORT OFFICE, KOZHIKODE, RESIDING AT SIVAGEETH, KAKOLANGARA EDAKKAD, KOZHIKODE. 5. C.P.REMA UPPER DIVISION CLERK, PASSPORT OFFICE, KOZHIKODE, RESIDING AT SREE PADAM, CHELANUR P.O., KOZHIKODE. ADDL. 6. K.R. REENA, U.D. CLERK, PASSPORT OFFICE, ERNAKULAM. ADDL. 7. N.M. SUHARA BEEVI, U.D. CLERK, PASSPORT OFFICE, ERNAKULAM. ADDL. 8. K.M. PONNU, U.D. CLERK, PASSPORT OFFICE, ERNAKULAM. ADDL. 9. T. LALITHA, U.D. CLERK, PASSPORT OFFICE, KOZHIKODE. ADDL.10. K.S. SINDHU, U.D. CLERK, PASSPORT OFFICE, THIRUVANANTHAPURAM. ADDL. 11. S. JAYA, U.D. CLERK, PASSPORT OFFICE, MALAPPURAM. ADDL.12. P.T. RAJAGOPAL, U.D. CLERK, PASSPORT OFFICE, KOZHIKODE. ADDL.13. K. UNNIKRISHNAN, U.D. CLERK, PASSPORT OFFICE, KOZHIKODE. ADDL.14. N. GIRIJA, U.D. CLERK, PASSPORT OFFICE, KOZHIKODE. ADDL.15. P.V. VINODINI, U.D. CLERK, PASSPORT OFFICE, KOZHIKODE. ADDL.16.P. SIVARANI, U.D. CLERK, PASSPORT OFFICE, KOZHIKODE. ADDL.17. P. REMADEVI, U.D. CLERK, PASSPORT OFFICE, KOZHIKODE. ADDL.18.KOCHURANI, K.V., ASSISTANT, REGIONAL PASSPORT OFFICE, KOCHI. ADDL.19. SOBHANA VARGHESE, ASSISTANT, REGIONAL PASSPORT OFFICE, KOCHI. ADDL. 20. MINI PAUL, ASSISTANT, REGIONAL PASSPORT OFFICE, KOCHI. ADDL.21 PREETHA P.A., ASSISTAT, REGIONAL PASSPORT OFFICE, KOCHI. ADDL.22. DAISY PAULOSE, ASSISTANT, REGIONAL PASSPORT OFFICE, KOCHI. 4 ADDL. 23. JYOTHIRMAYI V.S., ASSISTANT, REGIONAL PASSPORT OFFICE, KOCHI. ADDL. 24. REMA BABU, ASSISTANT, REGIONAL PASSPORT OFFICE, KOCHI. ADDL. 25. SHEEBA K.R., ASSISTANT, REGIONAL PASSPORT OFFICE, KOCHI. ADDL. 26. LATHA, A.S., ASSISTANT, REGIONAL PASSPORT OFFICE, KOCHI. ADDL. 27. OMANA PRADEEP, ASSISTANT, REGIONAL PASSPORT OFFICE, KOCHI. ADDL. 28. C.P. SUHASINI, ASSISTANT, REGIONAL PASSPORT OFFICE, KOCHI. ADDL. 29. SUNU K. PAUL, ASSISTANT, REGIONAL PASSPORT OFFICE, KOCHI. ADDL.30. JIJI ROBY, ASSISTANT, REGIONAL PASSPORT OFFICE, KOCHI. ADDL. 31. BINDU, K.C., ASSISTANT, REGIONAL PASSPORT OFFICE, KOCHI. ADDL. 32. SHEEBA REGHU, ASSISTANT, REGIONAL PASSPORT OFFICE, KOCHI. ADDL. 33. ANNIE ALEX, ASSISTANT, REGIONAL PASSPORT OFFICE, KOCHI. ADDL. 34. SOBHA AJAYAKUMAR, ASSISTANT, REGIONAL PASSPORT OFFICE, KOCHI. ADDL. 35. BEENA SOMASEKHARAN, ASSISTANT, REGIONAL PASSPORT OFFICE, KOCHI ADDL.36. S. AJITHKUMAR, ASSISTANT, REGIONAL PASSPORT OFFICE, KOCHI. ADDL. 37. SHIBU JOHN, ASSISTANT, REGIONAL PASSPORT OFFICE, KOCHI. ADDL. 38. ANI SHIBU, ASSISTANT, REGIONAL PASSPORT OFFICE, KOCHI. ADDL. R6 TO R17 ARE IMPLEADED AS SUCH AS PER ORDER ON I.A.10932/2010 16.8.2010 ADDL. R18 TO R38 ARE IMPLEADED AS SUCH AS PER ORDER DATED 29.9.2010 ON I.A.NO. 12967 OF 2010. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1-2 SRI.M.A.SHAFIK FOR R3 TO 5 SRI.P.SANTHOSH KUMAR (PANAMPALLI NAGAR) FOR ADDL R6-17 SRI.K.JAJU BABU FOR ADDL.R18 TO R38 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/10/2010, ALONG WITH WPC NO. 5131 OF 2010 WPC NO. 5092 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 5 APPENDIX (WPC 5031 OF 2010) PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF CENTRAL PASSPORT ORGANISATION (GROUP C POSTS) RECRUITMENT RULES 2004 EXT.P2 TRUE COPY OF CIRCULAR DATED 17.9.2008 ISSUED BY THE 2ND RESPONDENT. EXT.P3 TRUE COPY OF O.A.NO. 754 OF 2008 OF CAT, ERNAKULAM BENCH. EXT.P4 TRUE COPY OF REPLY STATEMENT FILED BY RESPONDENTS 1 AND 2 IN OA 754/08 EXT.P5 TRUE COPY OF ORDER DATED 1.4.2009 IN O.A.NO.754 OF 2008 EXT.P6 TRUE COPY OF INTIMATION DTED 12.1.2010 ISSUED BY THE 2ND RESPONDENT. EXT.P6(a) TRUE COPY OF INTERIM ORDER OF HON'BLE CAT DATED 24.2.1010 IN OA NO. 154/2010 EXT.P7 TRUE COPY OF ORDER DATED 7.3.2007 ISSUED TO SRI. K.S. LEELAMANI. EXT.P8 RELEVANT EXTRACT OF CENTRAL PASSPORT AND EMIGRATION ORGANIZATION (RECRUITMENT AND PROMOTION TO CLASS II POSTS) MAINTENANCE RULES. RESPONDENTS' EXHIBITS: NIL TRUE COPY P.S. TO JUDGE. C .N. RAMACHANDRAN NAIR, & K. SURENDRA MOHAN, JJ. ------------------------------------------------ W.P.C. Nos. 5031, 5092 & 5131 of 2010 ------------------------------------------------- Dated this the 5th day of October, 2010 JUDGMENT Ramachandran Nair, J. These connected Writ Petitions are filed against the orders issued by the Tribunal on original applications filed by petitioners and some others who are aspirants for appointment to the post of Assistant in the Passport Office. Admittedly, petitioners are applicants in the 25 per cent quota provided for promotion from UDC to the post of Assistant through selection process. The posts were notified vide Ext.P2 produced in W.P.C. No. 5031 of 2010. The eligibility for candidates for participating in the examination, that is qualifying service was reckoned with reference to the last date for making application for the examination. The department initially did not accept the qualifying service claimed by petitioners for writing the examination. However, through interim orders passed in the O.As. filed by the petitioners, the Tribunal permitted the petitioners to write the departmental examination. It is submitted that once results were published, all the WPC 5031, 5092 & 5131/2010 2 petitioners were promoted as Assistants based on the rank list prepared after the examination. Out of the total vacancies of 113, 112 vacancies are already stated to have been filled up with candidates already selected based on the examination conducted on 23.11.2008. The Tribunal, however, noticed that other candidates who had approached the Tribunal also were qualified to write the very same examination, but could not participate on account of department's refusal to recognise their qualifying service. Therefore Tribunal issued direction to the Government to hold another examination for those candidates who were denied opportunity to write the examination conducted on 23.11.2008 and accordingly another examination was held in which all those candidates who were denied opportunity in the first round were allowed to participate. The examination is over and results are awaited. The Tribunal has made further direction that once rank list is prepared after the examination presently held, it should be consolidated with the earlier rank list and common rank list has to be drawn up. Fresh appointments have to be made and seniority necessarily has to be refixed based on the combined rank list to be prepared by the Government. Writ Petitions are filed against these directions issued by WPC 5031, 5092 & 5131/2010 3 the Tribunal. We have heard counsel appearing for the petitioners, standing counsel appearing for the Central Government and the counsel appearing for the party-respondents. 2. So far as the eligibility of the petitioners and others declared by the Tribunal is concerned, the order was challenged before this Court and a Division Bench of this Court in WPC 18923 of 2009 confirmed the same. This is only in respect of one O.A. and it is not known whether any other Writ Petition filed by the Department is pending before this Court. Standing counsel submitted that SLP is filed against the judgment of this Court. In any case, in view of the Division Bench judgment above stated, there is no need for us to again consider the qualifying service or eligibility of all the candidates who were permitted to write the examination under interim orders of Central Administrative Tribunal and those whose eligibility is declared by the Tribunal through final orders. Even though petitioners contended that since they are already appointed, the rank list being prepared, the next selection based on examination held under orders of the Tribunal should not be combined with their rank list, we do not think we can accept this contention because Tribunal has only ordered holding of WPC 5031, 5092 & 5131/2010 4 another examination only because of denial of opportunity to write the examination by qualified persons by department. In other words, Tribunal has ensured that all those persons eligible to write the examination held on 23.11.2008 should be permitted to participate in the examination and for this purpose, the Tribunal has ordered supplementary examination. We therefore do not find any ground to interfere with the orders of the Tribunal permitting all qualified persons to write the examination as on the date notified for selection. So much so, we uphold the order of the Tribunal directing declaration of results of such of the persons who were allowed to write the examination under orders of the Tribunal and who were found eligible to write the examination held on 23.11.2008. 3. Counsel appearing for the contesting respondents submitted that vacancies subsequently arising should also be reckoned for filling up the posts with candidates who got arrayed in the rank list in the two examinations. We do not think there is any justification for this Court to order filling up of vacancies arising after Ext.P2 notification because for those vacancies persons qualifying later will also be eligible to write the examination along with some of whom who have written the WPC 5031, 5092 & 5131/2010 5 examination earlier and could not get promotion to the post of Assistant. So much so only notified vacancies could be filled up from out of the candidates arrayed in the combined rank list based on the two examinations held as ordered by the Tribunal. There will be direction to the Department to publish the result of examination held and recast the rank list and make appointments. Those promoted will continue until final orders are issued based on combined rank list prepared by the department. W.P.Cs. are disposed of as above. (C.N.RAMACHANDRAN NAIR) Judge. (K. SURENDRA MOHAN) Judge. kk WPC 5031, 5092 & 5131/2010 6