IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933 WP(C).No. 5719 of 2008(S) ------------------------- OA.300/2005 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONERS: --------------- 1. THE SENIOR SUPERINTENDENT OF POST OFFICES, NORTH DIVISION, TRIVANDRUM. 2. CHIEF POSTMASTER GENERAL, KERALA CIRCLE, TRIVANDRUM. 3. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, MINISTRY OF COMMUNICATIONS, NEW DELHI. BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA SRI.P.ALI, ADDL.CGSC SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI RESPONDENT: --------------- S.SUNILKUMAR, AGED 33 YEARS, S/O.K.SREENIVASAN, PART-TIME SWEEPER, CHIRAYINKEEZHU POST OFFICE, RESIDING AT ASANVILAKOM, PANDAKASALA, CHIRAYINKEEZHU. ADV. SRI.G.SASIDHARAN CHEMPAZHANTHIYIL FOR R1 SRI.S.VISHNU FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE O.A.No.300/2005 EXT.P2: COPY OF THE REPLY STATEMENT FILED BY THE PETITIONERS HEREIN O.A.NO.300/2005. EXT.P3: COPY OF THE REJOINDER FILED BY THE PETITIONER. EXT.P4: COPY OF THE ADDITIONAL REPLY STATEMENT. EXT.P5: COPY OF MA FILED BY THE RESPONDNENT HEREIN. EXT.P6: COPY OF THE REPLY STATEMENT FILED BY THE PETITIONERS HEREIN EXT.P5. EXT.P7: COPY OF THE ADDITIONAL REJOINDER FILED BY THE RESPONDENT. EXT.P8: COPY OF THE ADDITIONAL REPLY STATEMENT FILED BY THE PETITIONERS. EXT.P9: COPY OF THE ORDER DT.27.7.2007 BY THE TRIBUNAL IN O.A.NO.300/2005. RESPONDENT'S EXTS: EXT.R1: COPY OF THE ORDER DT.10.6.2005 IN O.A NO.3/2005 OF THE HON'BLE CAT, ERNAKULAM BENCH. EXT.R2: COPY OF THE JUDGMENT DT.5.12.2005 IN W.P.(C) 33732/2005(S) OF THIS HON'BLE COURT. EXT.R3: COPY OF THE JUDGMENT DT.22.3.2007 IN W.P.(C) NO.22818/2006-S OF THIS HON'BLE COURT. EXT.R4: COPY OF THE JUDGMENT IN W.P.(C) NO.30779/2006 OF THIS COURT. EXT.R5: COPY OF THE ORDER IN O.A.No.109/2010 OF THE HON'BLE TRIBUNAL, ERNAKULAM BENCH. //TRUE COPY// PS TO JUDGE C.N. RAMACHANDRAN NAIR & P.S. GOPINATHAN, JJ. = = = = = = = = = = = W.P.(C) NO. 5719 OF 2008 = = = = = = = = = = = = = DATED THIS, THE 5TH DAY OF JULY, 2011 J U D G M E N T C.N. Ramachandran Nair, J. This writ petition is filed by the Central Government challenging the order of the Central Administrative Tribunal, directing the appellant to consider the respondent in the selection of Gramin Dak Sevak M.D. (GDS MD) . We have heard the learned Central Government Standing Counsel for the appellant and the counsel appearing for the respondent. After hearing both sides and after going through the orders of the Tribunal and records in the case, we do not find any reason to interfere with the order of the Tribunal because admittedly, the respondent was working as a casual employee since 1984 and his claim is that he has been working more than 240 days in a year. Though the appellant denied this allegation, they have not furnished any details of other persons employed during the days on which the respondent was not employed. In the absence of any evidence and materials furnished by the appellant, the Tribunal assumed that the respondent who was always retained as a sweeper would have been WP(C) 5719/2008 2 employed for the required days that is for more than 240 days in a year as claimed by the respondent. It is seen that the respondent is employed from 1984 onwards and we see no reason why the appellant declined to consider him for selection to GDS MD. The writ petition is consequently dismissed. C.N. RAMACHANDRAN NAIR, (JUDGE) P.S. GOPINATHAN, (JUDGE) knc/-