IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 27TH SEPTEMBER 2010 / 5TH ASWINA 1932 WP(C).No. 17863 of 2007(S) --------------------------------- OA.283/2005 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER(S): ------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF PERSONNEL MINISTRY OF PERSONNEL PUBLIC GRIEVANCES AND PENSION, NEW DELHI. 2. THE CHIEF COMMISSIONER OF CENTRAL EXCISE KERALA ZONE, CENTRAL REVENUE BUILDING, I.S. PRESS ROAD, COCHIN - 682 018. 3. THE COMMISSIONER OF CUSTOMS & CENTRAL EXCISE, COCHIN COMMISSIONERATE, I.S. PRESS ROAD, COCHIN. 4. THE ASSISTANT COMMISSIONER OF CENTRAL EXCISE, TRICHUR DIVISION, TRICHU. BY ADV. SRI.THOMAS MATHEW NELLIMOOTTIL,SR.PANEL RESPONDENT(S): -------------------- 1. T.K.PADMINI, W/O.M.R.NARAYANAN, SAFAIWALA (TEMPORARY)DIVISIONAL OFFICE, CENTRAL EXCISE, TRICHUR, RESIDING AT MULLAKAL HOUSE, THYROOR P.O., TRICHUR DISTRICT. 2. P.U.MALIKA, W/O. P.R.MOHANAN SAFAIWALA (TEMPORARY)DIVISIONAL OFFICE, CENTRAL EXCISE, TRICHUR, RESIDING AT PARTHIKKATTIL HOUSE, PATTEKKARA CHEVINALLUR P.O., KOCHARY, TRICHUR DISTRICT. R1 & R2 BY ADV. SRI.M.A.SHAFIQUE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/09/2010, ALONG WITH WPC NO. 15544 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ WP(C).No. 17863/2007(S) APPENDIX PETITIONERS EXHIBITS: P1: COPY OF OA NO.283/2005 FILED BY THE RESPONDENTS BEFORE CAT, ERNAKULAM BENCH. P2: COPY REPLY STATEMENT FILED BY THE PETITIONERS IN EXT.P1 OA. P3: COPY OF REJOINDER FILED BY THE RESPONDENTS TO EXT.P2 REPLY STATEMENT. P4: COPY OF ADDITIONAL REPLY STATEMENT FILED BY THE PETITIONERS TO EXT.P3 REJOINDER. P5: COPY OF ORDER DATED 13/12/2006 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH IN OA 283/2005. P6: COPY OF THE RECRUITMENT RULES PERTAINING TO GROUP D STAFF OF CENTRAL EXCISE AND CUSTOMS ISSUED BY THE MINISTRY OF FINANCE BY NOTIFICATION DATED 06/12/2004. RESPONDENT'S EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE SVS/ C.N.RAMACHANDRAN NAIR & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NOS: 17863/2007 & 15544 OF 2009 ----------------------------------------------------------- Dated this the 27th September, 2010. JUDGMENT Ramachandran Nair, J. Connected writ petitions are filed by the department challenging orders of the CAT directing regularisation of casual employees as Group D staff based on the vacancies available in every Commissionerate. The regularisation scheme refers to “appointment of casual employees in the respective offices where they are engaged.” The Tribunal took the respective offices as Commissionerate against which writ petition is filed by the Department stating that respective offices mean several Commissionerate falling within one State. 2. We have heard senior standing counsel appearing for the petitioners and separate counsel appearing for contesting respondents. 3. We do not find any basis for the contention of the department that State as a whole is contemplated in the scheme for regularisation of appointment of casual employees. Respective offices only mean the offices which engage the casual employees. WPC 17863/07 & 1554/2009 2 In fact very many are employed in range offices and other small offices which are constituted by the Commissioner for administrative purposes. In fact these casual employees could probably be shifted only from one range to another range within the same Commissionerate. So much so, we find that the order of the Tribunal is logical and easily implementable. We therefore uphold the orders of the Tribunal and dismiss the writ petitions. C.N.RAMACHANDRAN NAIR Judge K. SURENDRA MOHAN Judge jj WPC 17863/07 & 1554/2009 3