IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 OP.No. 224 of 2003(B) --------------------- PETITIONER: ------------------ K.REGHU, S/O.LATE P.K.RAJAN, RAJ NIVAS, ARIYALLUR P.O. MALAPPURAM DISTRICT. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENT: -------------------- 1. SECRETARY, MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, NEW DELHI. 2. ENGINEER-IN-CHIEF, ARMY HEAD-QUARTERS, DHQ, NEW DELHI. 3. HEAD QUARTERS (EIR/PPG), CHIEF ENGINEER, SOUTHERN COMMAND, PUNE-411 001. 4. HEAD QUARTERS, CHIEF ENGINEER, CHENNAI ZONE, ISLAND GROUNDS, CHENNAI - 9. 5. GARRISON ENGINEER, GE DSSC, WILLINGTON, NILGIRIS-643 231, TAMIL NADU. R1 TO R5 BY ADVS. SRI.M.A.MOHAMED ASHRAF, ADDL.CGSC SRI. AJITH KRISHNAN, ADDL.CGSC SRI.C.UNNIKRISHNAN, CGC SRI.S.KRISHNAMOORTHY, CGC THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 20/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 224 of 2003(B) -------------------------------- APPENDIX ----------------- PETITIONER'S EXHIBITS -------------------------------------- EXT.P1. COPY OF THE LEGAL HEIR CERTIFICATE NO.B3.1038/94 L.DIS DATED 3.2.1994 ISSUED BY TAHSILDAR, TIRUR. EXT.P2. COPY OF THE REPLY NO.1323/PKR/08/E1 DATED 14.10.93 ISSUED BY THE 5TH RESPONDENT ADDRESSED TO THE MOTHER OF THE PETITIONER ADVISING TO APPLY FOR EMPLOYMENT ASSISTANCE. EXT.P3. COPY OF THE LETTER NO.1323/PKR/49/E1 DATED 6.6.94 OF THE 5TH RESPONDENT ADDRESSED TO THE MOTHER of the PETITIONER TO APPLY AFTER THE PETITIONER ATTAINING THE AGE OF 18 YEARS. EXT.P4. COPY OF THE LETTER NO.1323/PKR/37/E1 DATED 4.3.1994 OF THE 5TH RESPONDENT ADDRESSED TO THE MOTHER OF THE PETITIONER DIRECTING TO SUBMIT DDECLARATION IN FULL SCAP PAPER. EXT.P5. COPY OF THE LETTER NO.1323/PKR/88/E1B DATED 30.11.1996 OF THE 5TH RESPONDENT TO THE PETITIONER TO RECTIFY CERTAIN MATTER. EXT.P6. COPY OF THE LETTER NO.1323/PKR/96/E1 DATED 13.6.97 OF THE 5TH RESPONDENT ADDRESSED TO THE PETITIONER DIRECTING HIM TO FORWARD TO HIGHER AUTHORITIES – NON EMPLOYMENT CERTIFICATE ISSUED BY A CIVIL AUTHORITY AND ALSO TO FORWARD THE ORIGINALS OF THE EDUCATIONAL QUALIFICATION CERTIFICATES. EXT.P7 COPY OF THE NO EMPLOYMENT CERTIFICATE NO.SR NO.65/97/C4 DATED 18.6.1997 ISSUED BY TAHSILDAR, TIRURANGADI. EXT.P8. COPY OF THE LETTER NO.1323/PKR/97/E1 DATED 31.8.1997 OF THE 5TH RESPONDENT ISSUED TO THE PETITIONER TO SUBMIT APPLICATION IN 4 COPIES OF THE ATTACHED PROFORMA. EXT.P9. COPY OF THE LETTER DATED 08.09.1997 SENT BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P10. COPY OF THE LETTER DATED 24.10.1997 FORWARDED BY THE PETITIONER TO THE 5TH RESPONDENT. EXT.P11. COPY OF THE LETTER DATED 8.1.1998 FORWARDED BY THE PETITIONER TO THE 3TH RESPONDENT. EXT.P12. COPY OF THE LETTER DATED 6.5.1999 SUBMITTED BY THE MOTHER OF THE PETITIONER TO THE 3RD RESPONDENT. OP.No. 224 of 2003(B) ------------------------------ EXT.P13. COPY OF LETTER NO.1323/PKR/127/EIR DATED 15.6.1999 OF THE 5TH RESPONDENT INTIMATING THE PETITIONER THAT IS CASE WILL BE CONSIDERED ALONG WITH OTHERS. EXT.P14. COPY OF THE REPRESENTATION DATED 2.9.1999 ADDRESSED TO 5TH RESPONDENT SEEKING TO RECOMMEND THE NAME OF THE PETITIONER IN ONE OF THE POST OF LOWER DIVISION CLERK AROSE IN THE GOA OFFICE. EXT.P15. COPY OF THE REPRESENTATION DATED 1.2.2000 ADDRESSED TO THE 3RD RESPONDENT SEEKING IMMEDIATE RELIEF OF APPOINTMENT. EXT.P16. COPY OF THE REPLY LETTER NO.132506/MZ/1923/E1B(S) DATED 9.2.2000 ADDRESSED TO THE PETITIONER STATING THAT THE NAME OF THE PETITIONER IS STILL ON WAITING LIST OF LOWER DIVISION CLERK. EXT.P17. COPY OF THE REPRESENTATION DATED 12.10-.2001 ADDRESSED TO THE 2ND RESPONDENT SEEKING TO CONVERT THE POST APPLIED FOR FROM LDC TO MAZDOOR. EXT.P18. COPY OF THE REPRESENTATION DATED 26.10.2001 ADDRESSED TO THE 2ND RESPONDENT WITH COPY TO THE OTHER RESPONDENTS SEEKING CHANGE FROM THE POST OF LDC TO MAZDOOR. EXT.P19. COPY OF THE REPRESENTATION DATED 26.11.2001 ADDRESSED TO THE 2ND RESPONDENT WITH COPY TO RESPONDENTS 3 TO 5 INTIMATING THE RESPONDENTS THAT HE MAY PERMIT TO RETAIN HIS REQUEST FOR THE POST OF LDC. EXT.P20. COPY OF THE ORDER NO.10426/WIM/1730/E1A DATED 7.1.2002 ISSUED BY 4TH RESPONDENT TO THE PETITIONER REJECTING THE CLAIM OF THE PETITIONER. EXT.P21. COPY OF THE LETTER NO.1323/PKR/50/E1 DATED 19.10.2002 OF THE 5TH RESPONDENT BY WHICH DIRECTING THE PETITIONER TO REFER EXHIBIT P20 FOR HIS LETTER OF REQUEST DATED 2.10.2002. EXT.P22. COPY OF THE RELEVANT PAGES OF THE S.S.L.C. BOOK OF THE PETITIONER. EXT.P.23. COPY OF THE DEGREE CERTIFICATE DATED 22.11.1999 ISSUED BY THE UNIVERSITY OF CALICUT. EXT.P24. COPY OF THE CERTIFICATE NO.1149/V DATED 1.7.2000 ISSUED BY M/S. STED PROJECT, IOZHIKODE. EXT.P25. COPIES OF MEDICAL CERTIFICATES ISSUED BY DIFFERENT DOCTORS FROM DIFFERENT HOSPITALS IN RESPECT OF PETITIONER'S MOTHER. OP.No. 224 of 2003(B) ---------------------------------- RESPONDENTS EXHIBITS --------------------------------------- EXT.R1 : COPY OF THE ORDER OF CENTRAL ADMINISTRATIVE TRIBUNAL, PRINCIPAL BENCH, NEW DELHI IN O.A. NO.1592 OF 2001. EXT.P2. COPY OF THE ORDER OF CENTRAL ADMINISTRATIVE TRIBUNAL, PRINCIPAL BENCH, NEW DELH8I IN O.A. NO.568 OF 2002. EXT.R3. COPY OF THE ORDER OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH JABALPUR IN O.A. NO.764 OF 2001. ANNEXURE R4 (a). COPY OF THE LETTER FROM GOVT.OF INDIA, MIN OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS IN NO.14014/94-ESTT (D) DATED 09 OCT. 1998. ANNEXURE R4 (b). COPY OF PROCEEDINGS FOR THE YEAR 1999 FOR THE POST OF LDC MADE BY CHIEF ENGINEER SOUTHERN COMMAND. ANNEXURE R4 ©. COPY OF THE LIST PREPARED BY CHIEF ENGIEENER CHENNAI ZONE IN 2001. EXHIBIT.R5(a). COPY OF THE LETTER FROM GOVT. OF INDIA, MIN OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONERS IN NO.14014/04-ESTT (D) DATED 09 OCT.1998. EXT.R5(b). COPY OF PROCEEDINGS FOR FOR THE YEAR 1999 FOIR THE POST OF LDC MADE BY CHIEF ENGINEER SOUTHERN COMMAND. EXHIBIT R5(c). COPY OF THE LIST PREPARED BY CHIEF ENGINEER CHENNAI ZONE IN 2001. P.A. TO JUDGE / TRUE COPY / VK S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - O.P. No. 224 of 2003 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of October, 2010 J U D G M E N T This original petition relates to service matter of a Central Government employee. In view of the Administrative Tribunals Act and establishment of the Central Administrative Tribunal, this court has no jurisdiction to consider the matter in the first instance. This original petition was filed after the establishment of the Central Administrative Tribunal. Therefore the proper course of action for the petitioner is to file an O.A. before the Central Administrative Tribunal for the reliefs prayed for in this original petition. Therefore this original petition is dismissed without prejudice to the right of the petitioner to file an O.A. before the Central Administrative Tribunal. S. SIRI JAGAN JUDGE shg/