IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 WP(C).No. 32985 of 2008(B) ------------------------------------ PETITIONER(S): ----------------------- E.N.PRABHAKARAN, DRIVER (T-2), NBPGR REGIONAL STATION, VELLANIKKARA, KAU (P.O.) THRISSUR 680 656. BY ADVS. MR.A.JAYASANKAR MR.MANU GOVIND MR.N.V.RAJEEV SMT.B.MEERA RESPONDENT(S): -------------------------- 1. NATIONAL BUREAU OF PLANT GENETIC RESOURCES, PUSA CAMPUS, NEW DELHI-110 012. REPRESENTED BY ITS DIRECTOR. 2. PRINCIPAL SCIENTIST AND OFFICER-IN- CHARGE, NBPGR RESEARCH STATION, THRISSUR 680 656. R1- R2 BY . MR.P.JACOB VARGHESE, SENIOR ADVOCATE R1- R2 BY ADV . MR.VIVEK VARGHESE P.J. MR.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.32985 of 2008 -------------------------- Dated this the 9th February,2009 J U D G M E N T The main prayer sought for in this writ petition is to quash Exhibits P3 and P6 orders. He is seeking for a further declaration that the petitioner is not liable to perform ploughing work. 2. Respondents have filed a counter affidavit in the matter. Presently the learned counsel for respondents 1 and 2 have filed a statement stating that the National Bureau of Plant Genetic Resources, the 1st respondent in the writ petition is a research institution coming under the control of the ICAR as is seen in Annexure 1. It has its Headquarters at New Delhi. It is pointed out that being a unit of ICAR and as the ICAR is a Government notified institution over which the Administrative Tribunal is empowered to experience the jurisdiction. It is an admitted position that the ICAR will come within the jurisdiction of the Central Administrative W.P ( C) No.32985 of 2008 2 Tribunal as per the notification. 3. In that view of the matter, the objection taken by the respondents is correct. This Court is not having jurisdiction at this stage to go into the disputed question. The petitioner is allowed to withdraw the writ petition with liberty to move the Central Administrative Tribunal for appropriate reliefs. Interim order passed bay this Court on 10.11.2008 will continue for a period of ten days for enabling the petitioner to move the Central Administrative Tribunal for getting appropriate reliefs. The writ petition is dismissed as withdrawn. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.32985 of 2008 3 W.P ( C) No.32985 of 2008 4