IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 20TH AUGUST 2010 / 29TH SRAVANA 1932 WP(C).No. 13899 of 2010(S) -------------------------- AGAINST THE ORDER IN MA.336/2010 IN OA.215/2010 of CATL,ERNAKULAM BENCH ................... PETITIONER(S): --------------- 1. UNION OF INDIA REPRESENTED BY BY SECRETARY,MINISTRY OF CULTURE,SASTRI BHAVAN, NEW DELHI. 2. THE DIRECTOR GENERAL,ARCHAEOLOGICAL SURVEY OF INDIA,JANPATH,NEW DELHI-11. 3. THE DIRECTOR (MUSEUMS), ARCHAEOLOGICAL SURVEY OF INDIA,JANPATH, NEW DELHI-11. 4. THE REGIONAL DIRECTOR,SOUTHERN REGION, ARCHAEOLOGICAL SURVEY OF INDIA,NO.521,YAMUNA BLOCK,5TH FLOOR,NATIONAL GAMES VILLAGE, BANGALORE-34. 5. THE SUPERINTENDING ARCHAEOLOGIST, ARCHAEOLOGICAL SURVEY OF INDIA,THRISSUR CIRCLE, PURATTATTVA BHAVAN,FF-19(A)KSHB FLATS,BLOCK NO.3, PULLAZHY.PO,THRISSUR-680012. 6. THE ASSISTANT SUPERINTENDING ARCHAEOLOGIST,ARCHAEOLOGICAL SURVEY OF INDIA, MUSEUM BRANCH,MATTANCHERYPALACE,KOCHI-2. BY ADV. SRI.ABRAHAM THOMAS (PUTHURAN) RESPONDENT(S): --------------- M.G.OONNIKRISHNAN NAIR,LOWER DIVISION CLERK,OFFICE OF THE SUPERINTENDING ARCHAEOLOGIST, ARCHAEOLOGICAL SURVEY OF INDIA,THRISSUR CIRCLE, THRISSUR. BY ADV. SRI.S.RADHAKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. ------------------------------------------- W.P(C).No.13899 OF 2010 ------------------------------------------- Dated this the 20th day of August, 2010 JUDGMENT The respondent was working as LDC in the office of the Assistant Superintending Archaeologist, Archaeological Survey of India, Museum Branch, Mattanchery Palace, Cochin. While so, he was transferred to the Thrissur Circle Office of ASI. Admitting O.A.215/10 to file, the Central Administrative Tribunal, Ernakulam Bench issued an interim order to keep one post of LDC vacant at Mattanchery. Subsequently, on 25.3.2010, the respondent (applicant) was transferred to Mattanchery and is ordered to be relieved from Thrissur Circle Office on 31.3.2010. On that premise, it was treated that the grievances have come to an end. But, later it was submitted before the Tribunal that on 26.3.2010, the relieving order referred to earlier was kept in abeyance. The Tribunal, therefore, proceeded to give effect to its first order to keep a post of LDC vacant in Mattanchery and ordered that the WPC.13899/10 2 applicant be immediately moved to Mattenchery by relieving him from Thrissur Circle. That order issued on 15.4.2010 by the Tribunal is under challenge in this writ petition, which is filed on 26.4.2010. While matters stood so, it is now stated that nearly three months thereafter, the establishment has promoted the applicant as UDC in Thrissur Circle itself. Learned counsel for the applicant states that the situation so created is merely an eyewash because, even as of now, the applicant would be drawing emoluments much above the scale of UDC in terms of the ACP scheme and the exercise now done is made by saying that a post of UDC has been shifted from Calcutta to Thrissur. Learned counsel for the establishment says that transfer and postings and shifting of posts are done at the level of the Director. We are clear in our mind that we need not go into this issue because what is under challenge in this case is only the correctness of an order issued on the basis of the fact situation obtained as on 15.4.2010. The establishment does WPC.13899/10 3 not dispute the said fact situation. We are also clear in our mind that subsequent exercise of promoting an applicant is not a method that could be recognised to overreach the judicial order issued by the Tribunal which is impugned before us. We find no illegality, impropriety or jurisdictional error warranting interference of the impugned order. This writ petition is hence dismissed directing petitioners to ensure that the Tribunal's direction is complied with and compliance reported to the Tribunal in the form of an affidavit within three weeks from now. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- S.S.SATHEESACHANDRAN, Judge. kkb.26/08.