IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 WP(C).No. 3016 of 2006(S) ------------------------- OA.809/2002 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER(S): --------------- 1. THE DIRECTOR GENERAL OF POSTS, DEPARTMENT OF POST, NEW DELHI. 2. THE CHIEF POSTMASTER GENERAL, KERALA CIRCLE, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF POSTAL SERVICE(HQ), OFFICE OF THE CHIEF POSTMASTER GENERAL, KERALA CIRCLE, THIRUVANANTHAPURAM. 4. THE UNION INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF COMMUNICATIONS, NEW DELHI. BY ADV. SRI.JOHN VARGHESE, ASSISTANT SG SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GENERAL RESPONDENT(S): --------------- 1. A.M.PUSHPALATHA, WIDOW OF LATE T.GOVINDA WARIER, RESIDING AT JITHAS APARTMENT, NEAR KOTTAKKAL ARTS COLLEGE, KOTTAKKAL, MALAPPURAM-676 503. 2. MADHUSOODANAN T.M., S/O.LATE T.GOVINDA WARIER, RESIDING AT JITHAS APARTMENT, NEAR KOTTAKKAL ARTS COLLEGE, KOTTAKKAL, MALAPPURAM-673 503. 3. SUDHA T.M., D/O.LATE T.GOVINDA WARIER, RESIDING AT 21 KAVERI, DEPARTMENT OF ATOMIC ENERGY TOWNSHIP, ANUPURAM, MULLIKULATHORE P.O., KANCHEEPURAM DISTRICT, TAMIL NADU-693 109. WPC 3016/2006 4. SUNITHA T.M., D/O.LATE GOVINDA WARIER, RESIDING AT 6E, JM CRESENT, P.J.ANTONY ROAD, MAMANGALAM, EDAPPALLY P.O., KOCHI-682 024. ADV. SRI.O.V.RADHAKRISHNAN, SENIOR ADVOCATE FOR R1 & 2 SMT.K.RADHAMANI AMMA FOR R1 & 2 SRI.ANTONY MUKKATH FOR R1 & 2 SRI.K.RAMACHANDRAN (THYKOODAM) FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/03/2009, ALONG WITH WPC NO. 3635 OF 2006 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 3016/2006 APPENDIX PETITIONERS' EXTS. EXT.P1 - TRUE COPY OF O.A.NO.809/2002 OF THE CAT, ERNAKULAM DT. 24.11.2002. EXT.P2 - TRUE COPY OF THE REPLY STATEMENT FILED BY THE PETITIONERS HEREIN IN O.A. NO.809/2002 DT. NIL. EXT.P3 - TRUE COPY OF THE REJOINDER FILED BY THE RESPONDENTS HEREIN IN OA 809/2002 DT. 8.1.2005. EXT.P4 - TRUE COPY OF THE ADDITIONAL REPLY STATEMENT FILED BY THE PETITIONERS HEREIN IN OA 809/2002 DT NIL. EXT.P5 - TRUE COPY OF THE COMMON ORDER DT. 29.7.2005 IN O.A.NO.809/2002 AND CONNECTED CASES OF THE CAT, ERNAKULAM. EXT.P6 - TRUE COPY OF THE ORDER DT. 17.11.1987 ISSUED BY THE DEPARTMENT OF POSTS. EXT.P7 - TRUE COPY OF THE O.M. NO.9/11/55-RPS DT. 22.12.1959 ISSUED BY THE MINISTRY OF HOME AFFAIRS. EXT.P8 - TRUE COPY OF THE COMMUNICATION DT. 18.2.1997 ISSUED BY THE MINISTRY OF COMMUNICATIONS, DEPT. OF POSTS. EXT.P9 - TRUE COPY OF THE NOTICE DT. 14.3.1997 ISSUED TO SRI.P.V.SREEDHARAN NAMBEESAN. EXT.P10 - TRUE COPY OF THE COMMUNICATION DT. 9.6.1997 ISSUED TO SRI.P.V.SREEDHARAN NAMBEESAN. EXT.P11 - TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN OP 15522/2001 DT. 23.3.2005. EXT.P12 - TRUE COPY OF THE ORDER OF THE CAT, ERNAKULAM IN OA 1455/1995 DT. 22.11.1995. EXT.P13 - TRUE COPY OF THE ORDER OF THE CAT, ERNAKULAM IN OA 1113/2000 DT. 20.11.2000. EXT.P14 - TRUE COPY OF THE RELEVANT PAGES OF THE CIRCLE GRADATION LIST AS ON 1.7.1987. /TRUE COPY/ K.BALAKRISHNAN NAIR & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------- W.P.(C) NOS. 3016, 3635, 3947, 5086, 5149, 5357, 5935, 6941, 7344, 13376, 13377, 13472, 13828 13843 OF 2006 ----------------------------------------- Dated 18th March, 2009. JUDGMENT Balakrishnan Nair, J. In these Writ Petitions, the common order of the Central Administrative Tribunal, Ernakulam Bench dated 29.7.2005 in a batch of Original Applications (O.A.No.809/2002 and connected cases) is under challenge. Reliefs were granted in those Original Applications, relying on the judgment of the CAT in O.A. Nos. 1092/1992 and 1292/1996. Today, we have dismissed W.P.(C) No.22392/2006 filed against the order in O.A.No.1092/1992. We are told that O.P.No.25315/998 filed against O.A.No.1292/1996 has also been dismissed by a Division Bench of this Court on 31.3.2005. In view of the above position, the challenge made against the common order of the CAT has also to be repelled. WPC 3016/2006 etc. 2 2. The Writ Petitioners mainly challenge the common order in the Original Applications, contending that there was considerable delay from the part of the applicants to approach the CAT. Repelling that contention, this Court has also dismissed W.P.(C) No. 13757/2006, in which the order in O.A.No.722/2003 of CAT, Ernakulam Bench, which was also disposed of by the aforementioned common order impugned in these Writ Petitions, was under challenge. In view of the finality of the orders of the CAT in O.A.Nos.1092/1992 and 1292/1996 and the dismissal of W.P.(C) No.13757/2006, these Writ Petitions are also liable to be dismissed. Accordingly, we dismiss them, but without any order as to costs. K.BALAKRISHNAN NAIR, JUDGE. M.L.JOSEPH FRANCIS, JUDGE. nm/