IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 WP(C).No. 38157 of 2008(S) -------------------------- OA.507/2007 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER: --------------- E.DEVADASAN, DEPUTY COLLECTOR (VIGILANCE) NORTH ZONE, KOZHIKODE. BY ADV. SRI.D.SOMASUNDARAM RESPONDENTS: --------------- 1. UNION OF INDIA, REP. BY THE SECRETARY TO GOVERNMENT OF INDIA, DEPT. OF PERSONAL AND TRAINING MINISTRY OF PERSONNAL, PUBLIC GRIEVANCES AND PENSION, NEW DELHI. 2. UNION PUBLIC SERVICE COMMISSION REP. BY THE SECRETARY, U.P.S.C. SHAJAHAN ROAD, NEW DELHI. 3. THE STATE OF KERALA, REP. BY THE CHIEF SECRETARY TO THE GOVERNMENT, GOVT. OF KERALA, TRIVANDRUM. 4. K.R.RAJAN, DEPUTY COLLECTOR, RESIDING AT TC 27/47, RED CROSS ROAD, VANCHIYOOR, TRIVANDRUM. ADV. SRI.GEORGE JOSEPH,SC,UPSC FOR R2 SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GENERAL FOR R1 SRI.M.A.FIROZ SRI.C.S.ULLAS FOR R4. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/01/2009, ALONG WITH WPC NO. 37977 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & K.SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No.38157 & 37977 OF 2008 ------------------------------------------------- Dated this the 5th day of January, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. W.P.(C) No.38157 OF 2008 The writ petitioner is a Deputy Collector awaiting promotion to I.A.S. This writ petition is filed by him challenging Exts.P1, P2 and P5 orders. Ext.P1 is the order in O.A.No.507/2007 filed by the 4th respondent claiming promotion to I.A.S in the year 2000. Ext.P2 is the letter of the U.P.S.C. addressed to the Kerala Government informing that the Selection Committee for I.A.S scheduled to be held on 12th and 13th of December, 2008 has been adjourned. Ext.P5 is an order passed by the C.A.T. in M.A.No.883/2008 and M.A.No.975/2008 in O.A.No.124/2008 filed by the writ petitioner before the C.A.T. By the said order, the petitioner's prayer for interim direction to the respondents therein to convene the Selection Committee for I.A.S before 31.12.2008 has been dismissed and the Original Application was listed for hearing on 29.1.2009. W.P.(C) Nos.38157 & 37997/2008 2 2. We notice that the petitioner does not have any locus standi to challenge Ext.P1 order of the C.A.T. It deals with the claim of the 4th respondent herein, who was the applicant in that Original Application, for promotion to I.A.S. in the year 2000. The petitioner does not stake any claim for promotion in 2000, therefore, he is not concerned with the directions in Ext.P1. Ext.P2 is a communication of the U.P.S.C adjourning the meeting of the Selection Committee for I.A.S. If the petitioner is aggrieved by the same, at the first instance, he should move the C.A.T. and seek reliefs. As far as Ext.P5 is concerned, it is only an interim order and the main matter has been listed for final hearing on 29.1.2009. Therefore, we find no reason to interfere with Ext.P5 in this Original Application. We hope and trust that the C.A.T. will try to hear and dispose of the O.A. filed by the petitioner (O.A.No.124/2008) expeditiously. The learned counsel for the petitioner pointed out that the delay in disposing of the Original Application will defeat his rights. We are sure, the C.A.T. has ample powers to remedy such injustice, if any, suffered by the petitioner, as a result of the delay from its part to dispose of the Original Application. Subject to the above observations, this writ petition is dismissed. W.P.(C) Nos.38157 & 37997/2008 3 W.P.(C) No.37997/2008 In view of the judgment in W.P.(C) No.38157/2008, this writ petition is also dismissed. The petitioners may move the C.A.T. for appropriate reliefs, in accordance with law, against the delay in holding the Selection Committee. (K.BALAKRISHNAN NAIR, JUDGE) (K.SURENDRA MOHAN, JUDGE) ps