IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 OP (CAT).No. 3332 of 2011(Z) ---------------------------- AGAINST ORDER IN OA.667/2010 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONERS/RESPONDENTS ------------------------------------------- 1. THE SENIOR SUPERINTENDENT OF POST OFFICES, CALICUT DIVISION, CALICUT-673 003. 2. UNION OF INDIA, REP. BY CHIEF POST MASTER GENERAL, KERALA CIRCLE, TRIVANDRUM, PIN - 695 001. BY ADV. SRI.S.KRISHNAMOORTHY, CGC RESPONDENT(S): APPLICANT ------------------------ K. BABU, PART TIME CONTINGENT EMPLOYEE, ELATHUR S.O., CALICUT, PIN - 689 643. THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 17/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(CAT) NO.3332/2011 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF O.A.NO.667/10 DATED 27/03/2011 FILED BY THE RESPONDENT/APPLICANT. P2 : COPY OF REPLY TO ABOVE O.A. P3 : COPY OF REJOINDER TO ABOVE OA. P4 : COPY OF ORDER IN O.A.NO.667/2010 DATED 24/06/2011 OF THE HON'BLE CAT, ERNAKULAM BENCH. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, Ag.CJ. & P.S.GOPINATHAN, J. .................................................................... OP(CAT) No.3332 of 2011 .................................................................... Dated this the 17th day of October, 2011. J U D G M E N T Ramachandran Nair, Ag.CJ. This OP(CAT) is filed challenging the order of the Central Administrative Tribunal directing the petitioners to grant preferential claim to the respondent in the appointment of ED Agent, Vengalam Post Office for the reason that the respondent was worked for more than 240 days in an year as a part time casual employee. After hearing the petitioners and the respondent and after going through the order of the CAT, we do not find any merit in the OP(CAT) because the Tribunal on facts found that the respondent, a member of Scheduled Caste community was employed as a substitute casual employee from 2003 onwards. It is only on account of temporary service acquired, the Tribunal granted him preferential claim in accordance with the orders issued by the OP(CAT) No.3332/2011 2 Government. We see no merit in the OP(CAT) and the same is accordingly dismissed. (C.N.RAMACHANDRAN NAIR, ACTING CHIEF JUSTICE) (P.S.GOPINATHAN, JUDGE) jg