IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 WP(C).No. 17044 of 2005(S) -------------------------------------- OA.800/2002 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .............................................. PETITIONERS: -------------------- 1. THE SUPERINTENDENT OF POST OFFICES IDUKKI DIVISION, THODUPUZHA. 2. THE POSTMASTER GENERAL, CENTRAL REGION, KOCHI-682 018. 3. THE UNION OF INDIA, REP. BY SECRETARY, MINISTRY OF COMMUNICATIONS, DEPARTMENT OF POSTS, NEW DELHI. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR RESPONDENTS: ------------- V.K.DIVAKARAN, GROUP D, THODUPUZHA H.O., IDUKKI, RESIDING AT VADAKKAL HOUSE, WEST KODIKULAM P.O., THODUPUZHA. BY ADV. SRI.P.C.SEBASTIAN SRI.MARTIN G.THOTTAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 17044/2005 S APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE OA NO. 800/02 DT. 1/11/2002 OF THE CAT, ERNAKULAM. EXT.P2. COPY OF THE REPLY STATEMENT BY THEPETITIONERS HEREIN IN OA NO. 800/2002 DATED NIL. EXT.P3. COPY OF THE REJOINDE FILED BY THE RESPONDENT HEREIN IN OA NO. 800/02. EXT.P4. COPY OF THE ADDITIONAL REPLY STATEMENT FILED BY THE PETITIONERS HEREIN IN OA NO. 800/02 DT. 28/1/2005. EXT.P5. COPY OF THE ORDER DT. 2/3/2005 IN OA NO. 800/2002. RESPONDENT'S EXHIBITS NIL. True copy tga C.N. Ramachandran Nair & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.17044 of 2005-S - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of March, 2008. JUDGMENT T.R. Ramachandran Nair, J. The petitioners are aggrieved by the order passed by the Central Administrative Tribunal, wherein the entitlement of the respondent/applicant for recruitment as Group D from 1.3.1999 was allowed, for reckoning the service for granting pensionary benefits.. 2. The applicant entered service as E.D. Mail Career on 7.5.1969. In O.A.No.239/1998, the Tribunal had declared that ED Agents who are below the age of 60 years are entitled to be considered for appointment in the absence of prescribed maximum age limit. Even though O.P.No.25172/1998 was filed, this court did not interfere with the order passed by the Tribunal. The respondent was given appointment with effect from 8.11.2000 in a Group D post. He claimed such appointment with effect from 1.3.1999, the date from which he was continuously working as Group D in Thodupuzha HPO. The applicant contended that there were different vacancies as on that date. 3. The Tribunal noticed that in the reply statement, the petitioners WPC 17044/2005 -2- herein admitted that he was appointed in Group D with effect from 9.11.2000 and he was also working as Group D on adhoc basis at Thodupuzha with effect from 1.3.1999. It was noticed by the Tribunal that the petitioners considered him for absorption as Group D from 9.11.2000, after considering his adhoc engagement which was continuous from 1.3.1999. In that view of the matter, the Tribunal found that he is entitled to reckon the service from 1.3.1999 for the purpose of granting pensionary benefits. The Tribunal relied on the judgments of the Apex Court reported in Direct Recuit Class II Engineering Officers' Association v. State of Maharashtra and others {(1990) 2 SCC 715} and State of West Bengal v. Aghorenath Dev and others {(1993) 3 SCC 371} while arriving at the said conclusion. 4. Learned Standing Counsel for the petitioners pointed out that the applicant's regular service starts only from 8.8.2000. It is to be noted that there were vacancies and the applicant was appointed continuously from 1.3.1999 on adhoc basis. He was one of the seniormost eligible persons. The delay occurred because of the pendency of different cases. Therefore, there is nothing wrong in the view taken by the Tribunal that he will be entitled to reckon that period for the purpose of granting pensionary WPC 17044/2005 -3- benefits. We dismiss the writ petition confirming the order passed by the Tribunal. (C.N. Ramachandran Nair, Judge.) (T.R. Ramachandran Nair, Judge.) kav/ WPC 17044/2005 -4- C.N. Ramachandran Nair & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - I.T. - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 17th March, 2008.