IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 WP(C).No. 18923 of 2009(S) -------------------------- OA.651/2008 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER(S): --------------- 1. UNDER SECRETARY (PV),GOVT. OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, CPV DIVISION, NEW DELHI. 2. REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, COCHIN. BY ADV. SRI.SUNIL JACOB JOSE RESPONDENTS: --------------- 1. RAJALEKSHMY BALACHANDRAN@A.B.RAJALEKSHMY UPPER DIVISION CLERK,REGIONAL PASSPORT OFFICE, COCHIN. 2. K.MURALEEDHARAN PILLAI, UPPER DIVISION CLERK, REGIONAL PASSPORT OFFICE, COCHIN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. -------------------------------------- W.P.(C) No. 18923 OF 2009 -------------------------------------- Dated, this the 13th day of July, 2009 J U D G M E N T ~~~~~~~~~~~~ Balakrishnan Nair, J. The respondents, in O.A.No.651/2008, have filed this Writ Petition, challenging Ext.P2 order of the Central Administrative Tribunal, as per which the said Original Application was disposed of along with a few other Original Applications. The applicants were Upper Division Clerks working in the Regional Passport Office, Cochin. The point that arose for decision in the Original Application was their eligibility to participate in the Departmental Examination held by the competent authority for promotion to the post of Assistant. As per the notification, they should have three years regular service as U.D.C as on 1.1.2008. They should have a total service of 16 years in the post of L.D.C and U.D.C taken together. The Tribunal found that the last date of receipt of applications was 26.9.2008. So, the 16 years service in the two cadres should be reckoned with reference to the said date. There was some dispute whether the applicants completed 16 years service on the said date, as they were W.P.(C) No.18923/2009 2 regularised in the cadre of L.D.C with effect from 6.10.1994 with the benefit of seniority. For all other service benefits, their regularisation was taken as from 17.4.1990 and 23.7.1990 respectively. The respondents in the Original Application took the stand that their 16 years service can be reckoned only from 6.10.1994. If that be so, the applicants were not qualified. The relevant portion of the order of regularisation, Annexure A1, produced along with Ext.P3 copy of the Original Application, issued to the 1st applicant reads as follows: “Smt.A.B.Rajalekshmy will be entitled to all consequential benefits such as 'notional' fixation of pay, eligibility to appear in any test or examination if held for her promotion to the next higher grade, counting of qualifying service for terminal benefits from 17.4.1990 except seniority in the Grade of LDC which will be counted from 06.10.1994 only.” Identical is the order issued to the 2nd applicant, a copy of which is produced as Annexure-A2. 2. Going by the above portion of Annexure-A1 order, we have no doubt in our mind that the applicants can reckon W.P.(C) No.18923/2009 3 their service from 17.4.1990 for the purpose of taking departmental test for promotion. So, the contention of the petitioners were rightly rejected by the C.A.T. Therefore, We find no reason to interfere with Ext.P2 order, in so far as, it concerns O.A.651/2008. Accordingly, the Writ Petition is dismissed. (K.BALAKRISHNAN NAIR, JUDGE) (C.T.RAVIKUMAR, JUDGE) ps