IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 14TH OCTOBER 2010 / 22ND ASWINA 1932 WP(C).No. 8037 of 2008(S) ------------------------- OA.598/2006 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONERS: --------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE MINISTRY OF FINANCE, NORTH BLOCK - NEW DELHI. 2. CHAIRMAN CENTRAL BOARD OF EXCISE & CUSTOMS NORTH BLOCK, NEW DELHI. 3. CHIEF COMMISSIONER OF CENTRAL EXCISE & CUSTOMS, CENTRAL REVENUE BUILDING, I.S.PRESS ROAD COCHIN-682 018. 4. THE COMMISSIONER OF CENTRAL EXCISE & CUSTOMS, CENTRAL REVENUE BUILDING, I.S.PRESS ROAD COCHIN-682 018. 5. THE COMMISSIONER (LOGISTICS) CUSTOMS & CENTRAL EXCISE, 4TH FLOOR, A WING LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI. BY ADV. SRI.JOHN VARGHESE,SC,CEN.BOARD OF EXCIS RESPONDENT: --------------- A.A. JAYANTHAN, SKIPPER MATE (RETD.) ARACKAPARAMBIL HOUSE, PUTHUVAIPU P.O. COCHIN:682 508 ADV. SRI.C.S.GOPALAKRISHNAN NAIR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXHIBITS: P1: TRUE COPY OF ORIGINAL APPLICATION NO.598/2006 ALONG WITH ITS ANNEXURES FILED BY THE RESPONDENT BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. P2: TRUE COPY OF REPLY STATEMENT DT.10.10.2006 FILED BY PETITIONERS. P3: TRUE COPY OF ORDER DT.25.7.2007 OF THE HON'BLE C.A.T. IN O.A. NO.598/2006. P4: TRUE COPY OF NOTIFICATION NO.15012/8/82-ESTT. (D) DT.12.2.1986. RESPONDENT'S EXHIBITS: R1: TRUE COPY OF ESTABLISHMENT CIRCULAR NO.66/92 DT.14.12.1992 ISSUED BY 4TH PETITIONER. TRUE COPY PS TO JUDGE C.N.RAMACHANDRAN NAIR & K.SURENDRA MOHAN, JJ. .................................................................... W.P.(C) No.8037 of 2008 .................................................................... Dated this the 14th day of October, 2010. JUDGMENT Ramachandran Nair, J. Heard Sri.John Varghese, Standing Counsel appearing for the appellants and Adv. Sri.Gopalakrishnan Nair appearing for the respondent. After hearing both sides and after going through the impugned order of the Central Administrative Tribunal, we do not find any merit in the appeal because the respondent prior to his appointment in the Marine Wing of the Customs and Excise Department had served the Indian Navy for over nine years. Under the Rules for promotion to the post of Skipper, the educational qualification insisted by the appellants is a Certificate from the Mercantile Marine Department about the candidate's service as a Skipper or Joint Skipper in a Fishing Vessel. Obviously an Ex-serviceman taken from Navy could not be asked to produce experience certificate for work in a Fishing Vessel. The respondent's eligibility for service in a vessel with the appellant's Marine Department is based on his experience as a Navy personnel for 2 nine years. Therefore, obviously the certificate demanded under the Rules cannot be produced by the respondent. The finding of the CAT is that ever since joining the appellants'-department the respondent was engaged in vessel as a Senior Deck Hand, later as Skipper mate and on retirement of the Skipper, he was acting as Skipper for 18 years. Consequently we do not find any justification for promoting persons junior to him by denying promotion to the respondent as a Skipper. The Tribunal, therefore, rightly granted relief to the respondent. We do not find any merit in the W.P.(C). However, since the respondent is retired, he can be given only notional Grade promotion as Skipper on the date on which his juniors were promoted and all consequential benefits should be given to him including retirement benefits. The appellants are given three months' time from the date of receipt of copy of this judgment to pay the arrears to the respondent and to start paying regular pension accordingly. C.N.RAMACHANDRAN NAIR Judge K.SURENDRA MOHAN Judge pms