IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 21ST JUNE 2010 / 31ST JYAISTHA 1932 WP(C).No. 32981 of 2009(S) -------------------------- OA.709/2008 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER(S)/RESPONDENTS IN THE O.A.: --------------- 1. UNION OF INDIA - REPRESENTED BY THE SECRETARY TO GOVRNMENT OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, CPV DIVISION, PATIALA HOUSE, ANNEXE, TILAK MARG, NEW DELHI - 110 001. 2. THE JOINT SECRETARY (CPV) & CHIEF PASSPORT OFFICER, MINISTRY OF EXTERNAL AFFAIRS, PATIALA HOUSE, ANNEXE, TILAK MARG, NEW DELHI - 110 001. 3. THE PASSPORT OFFICER, PASSPORT OFFICE, P.O.ERANHIPALAM, KOZHIKODE - 673 006. BY ADV. SRI.MVS.NAMBOOTHIRY RESPONDENT(S)/PETITIONERS IN THE O.A.: --------------- 1. K.ANIL KUMAR, S/O.RAGHAVAN, EX-CASUAL LABOURER, PASSPORT OFFICE, KOZHIKODE RESIDING AT "DWARAKA" KARIYERI HOUSE, MAKAVOOR PO ERANHIKKAL, ELATHUR VIA, KOZHIKODE - 673 303. 2. UDAYARAJ JANARDHANAN, EX-CASUAL LABOURER S/O.K.JANARDHANAN, PASSPORT OFFICE, KOZHIKODE RESIDING AT "USHANIRA", NO.22/2241, PIPELINE ROAD, KUTHIRAVATTOM P.O., KOZHIKODE - 673 012. ADV. SRI.T.C.GOVINDA SWAMY FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.32981/09 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE O.A.NO.709/08 FILED BY THE RESPONDENTS. EXT.P2: COPY OF THE REPLY STATEMENT FILED BY THE PETITIONERS IN O.A.NO.709/08. EXT.P3: COPY OF THE JUDGMENT DATED 10.8.2009 IN O.A.NO.709/08 OF CAT, ERNAKULAM BENCH. /TRUE COPY/ P.A. TO JUDGE THOTTATHIL B. RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. ------------------------------- W.P.(C).NO.32981 OF 2009 () ----------------------------------- Dated this the 21st day of June, 2010 J U D G M E N T THOTTATHIL B. RADHAKRISHNAN, J. The establishment challenges the decision in O.A.No.709 of 2008 before the Central Administrative Tribunal, Ernakulam Bench. The Tribunal decided that case on 10.8.2009. It was held that the applicants were eligible for service benefits. Dissatisfied with the above decision, the applicants approached this Court by filing W.P.(C).No.25647 of 2009. This Court directed the Assistant Solicitor General to file a statement as to whether any SLP was pending against an earlier judgment of this Court rendered in O.P.No.34447 of 2001, which is among the papers in this file also. Two weeks time was granted. The identity of an SLP was informed to the Bench. Of course, after verification, it was noted that the said petition related to some other matter. However, this Court noted that the establishment WP(C).32981/09 2 had not challenged the order passed by the Tribunal. After taking note of that situation, the applicants' writ petition, W.P.(C).No.25647 of 2009 was disposed of issuing certain modifications. Therefore, for all intents and purposes, the decision of the Tribunal in O.A.No.709 of 2008 stands merged in the judgment dated 14.10.2009 issued by this Court in W.P.(C). No.25647 of 2009 (Ext.R1(a)), rendered after hearing both sides. Under such circumstances, we are not inclined to entertain this writ petition at the instance of the establishment, in exercise of the discretionary power vested with this Court under Article 226/227 of the Constitution of India. Resultantly, the writ petition fails and the same is accordingly dismissed. THOTTATHIL B. RADHAKRISHNAN JUDGE S.S.SATHEESACHANDRAN JUDGE prp WP(C).32981/09 3