IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 OP.No. 14003 of 2001(S) ---------------------------------- OA.129/2000 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONERS: --------------------- 1. SUPERINTENDENT OF POST OFFICES, SOUTH POSTAL DIVISION, TRIVANDRUM - 695 014. 2. CHIEF POSTMASTER GENERAL, KERALA CIRCLE, TRIVANDRUM. 3. DIRECTOR GENERAL, DEPARTMENT OF POSTS, NEW DELHI. 4. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF POSTS, NEW DELHI. 5. ASSISTANT DIRECTOR (RECRUITMENT), OFFICE OF THE CHIEF POSTMASTER GENERAL, KERALA CIRCLE, TRIVANDRUM. 6. DIRECTOR OF POSTAL SERVICES, OFFICE OF THE CHIEF POSTMASTER GENERAL, KERALA CIRCLE, TRIVANDRUM. BY SRI.P.PARAMESWARAN NAIR,ASST.S.G. RESPONDENTS: ------------------------ 1. REGISTRAR, CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM. O.P. NO. 14003/2001-S: 2. ANITHA.D, EXTRA DEPARTMENTAL BRANCH POSTMASTER, KAZHAVUR.P.O., PULLUVILA - 695 526, TRIVANDRUM. BY ADV. SRI.MOHAN PULIKKAL. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 22/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 14003/2001-S: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE O.A. NO. 129/2000 FILED BY THE R.2. BEFORE THE R.1. EXT.P.2: COPY OF THE REPLY STATEMENT FILED BY THE PETITIONERS HEREIN BEFORE THE R.1. IN THE ABOVE O.A. EXT.P.3: COPY OF THE REJOINDER DT. 26/03/2000 FILED BY THE R.2. BEFORE THE R.1. EXT.P.4: COPY OF THE ADDL. REPLY STATEMENT DT. 22/05/2000 FILED BY THE R.2. BEFORE THE R.1. EXT.P.5: COPY OF THE ORDER OF THE R.1. IN O.A. 129/2000. RESPONDENT'S EXHIBITS: EXT.R2.A: COPY OF THE ORDER DTD. 19/03/2001 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH IN M.A. NO. 322/2001 IN O.A. NO. 129/2000. EXT.R2.B: COPY OF THE MEMO NO. B2/RECTT/90 (DEP) DTD. 30/04/2001 OF THE P.1. EXT.R2.C: COPY OF THE REJOINDER FILED BY THE APPLICANT IN O.A. NO. 129/2000. EXT.R2.D: COPY OF THE AMENDED ORIGINAL APPLICATION IN O.A. NO. 129/2000. EXT.R2.E: COPY OF THE ORDER DTD. 29/05/2001 ISSUED BY THE P.1. EXT.R2.F: COPY OF THE ORDER DTD. 15/06/2001 ISSUED BY THE P.1. EXT.R2.G: COPY OF THE ORDER DTD. 30/08/2001 ISSUED BY THE P.1. ALONGWITH THE CORRIGENDUM. //TRUE COPY// prv. K.BALAKRISHNAN NAIR & P.N.RAVINDRAN,JJ. ================================== ORIGINAL PETITION NO.14003 OF 2001 ================================== Dated this the 22nd day of January 2008 JUDGMENT Balakrishnan Nair , J. The petitioners are the respondents 1 to 4 and 10 and 11 in O.A.129/2000. The second respondent was a candidate for selection to the category of Extra Departmental Branch Post Master. Feeling aggrieved by her non-selection, the O.A. was filed. The CAT allowed the O.A. This writ petition is filed challenging the said order of the CAT. Since this Court did not grant any stay and when confronted with contempt proceedings, the applicant was appointed pursuant to the direction of the CAT as Postal Assistant. Now about 7 years are over. We feel that at this distance of time, it is not just or proper to interfere with her appointment based on the technical contentions raised by the writ petitioners against the powers of the CAT in interfering with the matter. O.P.14003/2001 2 2. Therefore, we close the writ petition, without prejudice to the contentions of the writ petitioners. The principles laid down in Ext.P5 will not bind the writ petitioners in subsequent proceedings before the CAT or before any higher forum. K.BALAKRISHNAN NAIR, JUDGE P.N.RAVINDRAN, JUDGE css/ O.P.14003/2001 3 K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. O.P.14003/2001 JUDGMENT 22/1/2008