IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 WP(C).No. 36728 of 2008(S) -------------------------- OA.498/2006 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER: --------------- M.S.HARIKUMAR, PLATER (HS) NAVAL SHIP REPAIR YARD, SOUTHERN NAVAL COMMAND, KOCHI 682 004. BY ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE SRI.MILLU DANDAPANI RESPONDENTS --------------- 1. SHRI BILBERT JOSEPH PLATER (SK) NAVAL SHIP REPAIR YARD SOUTHERN NAVAL COMMAND, KOCHI 682 004. 2. THE FLAG OFFICER COMMANDING-IN-CHIEF SOUTHERN NAVAL COMMAND, KOCHI 682 004. 3. UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI 110001 ADV. SRI.P.PARAMESWARAN NAIR, ASST.SOLICITOR FOR R2 & R3 SRI.C.S.GOPALAKRISHNAN NAIR . ASST.S.G FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.36728/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF ORDER NO.11(1)2002/D(CIVIL) OF THE MINISTRY OF DEFENCE, DT.20.5.2003, ISSUED TO THE CHIEF OF ARMY STAFF AND OTHERS. EXT.P2: COPY OF COMMON ORDER DT.17.5.2005 IN O.A.NO.740/2003 AND CONNECTED CASES, OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM. EXT.P3: COPY OF COVERING LETTER NO.CP(P)/7837/REPORT/TSM/1 DT.3.4.2006 ISSUED BY THE MINISTRY OF DEFENCE. EXT.P3(a): COPY OF CORRIGENDUM NO.11(1)/2002-D(Civ) dt.27.3.2006 OF THE MINISTRY OF DEFENCE. EXT.P4: COPY OF O.A.NO.498/2006 DT.5.7.2006 PREFERRED BY THE 1ST RESPONDENT BEFORE THE CAT, ERNAKULAM BENCH, ALONG WITH ANNEXURES. EXT.P5: COPY OF REPLY STATEMENTY DT.21.1.2008 FILED ON BEHALF OF THE 3RD RESPONDENT IN O.ANO.498/2006. EXT.P6: COPY OF REPLY STATEMENT DT.22.11.2006 FILED ON BEHALF OF RESPONDENT 1 AND 2 IN O.ANO.498/2006. EXT.P7: COPY OF REJOINDER DT.29.11.2007 FILED BY THE APPLICANT IN O.ANO.498/2006. EXT.P8: COPY OF COMMON ORDER OF THE CAT, ERNAKULAM BENCH, DT.10.3.2008, IN O.A.NO.498/2006 AND CONNECTED CASES. EXT.P9: COPY OF RELEVANT EXTRACT OF ORDER NO.CS2764/1/97 DT.6.2.2009 ISSUED BY THE 2ND RESPONDENT. //TRUE COPY// PA TO JUDGE K. BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. ------------------------------ W.P.(C)No.36728 OF 2008 ------------------------------- Dated this the 10th day of June, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The 3rd respondent in O.A.No.498/2006, on the files of the Central Administrative Tribunal, Ernakulam Bench, is the writ petitioner. The 1st respondent herein was the applicant. He moved the Original Application, mainly, challenging the order dated 2.5.2006 issued by the Headquarters of Southern Naval Command, Kochi, clubbing Plater/ Sheet Metal Worker/ Blacksmith/Tinsmith into one group for further promotion to higher posts. But, during the pendency of the Original Application, the Integrated Headquarters, Ministry of Defence (Navy) on 4.8.2006 issued Annexure-A7 order, which is produced along with Ext.P7 rejoinder of the applicant. As per the said order, the clubbing of the aforementioned trades was done away with and the grievance of the applicant was redressed. Therefore, it was only sufficient for the C.A.T. to close the Original Application recording the above fact. But, the said Original Application was disposed of along with a batch of Original W.P(C) No.36728/2008 2 Applications and it was ordered that the directions issued in other Original Applications will govern O.A.No.498/2006 also. The petitioner wants to vacate that direction. The applicant is also not interested in having that direction because his grievance is already redressed by the issuance of the aforementioned order by the Headquarters on 4.8.2006. In view of the above position, the Writ Petition is disposed of, ordering that the directions in other Original Applications issued will not govern O.A.No.498/2006. But, we add that the official respondents will be free to regulate the promotion of the writ petitioner and 1st respondent/applicant in the light of the Annexure-A7 produced along with Ext.P7. (K.BALAKRISHNAN NAIR, JUDGE) (C.T.RAVIKUMAR, JUDGE) ps