IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 WP(C).No. 15200 of 2009(S) ---------------------------------------- OA.NO. 82/2008 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER(S): ------------------------ V. PANKAJAKSHAN, SUPERINTENDENT, PASSPORT OFFICE, MALAPPURAM. BY SRI.KRB.KAIMAL, SENIOR ADVOCATE BY ADVS. SRI.ANIL K.NAIR SRI.B.UNNIKRISHNA KAIMAL SRI.V.MADHUSUDHANAN RESPONDENT(S): --------------------------- 1. P. LATHI KUMARI, W/O. L.R.SASIKUMAR, WORKING AS ASSISTANT, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, KOCHI. 2. K.A. SULABHA, W/O.V.V. OMANA KUTTAN, WORKING AS ASSISTANT, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, KOCHI. 3. S. SADANANDA BHAT, S/O. K. SREENIVASA BHAT, WORKING AS SUPERINTENDENT, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, KOCHI. 4. M. RAJAPPAN, S/O.E.S. MADHAVAN NAIR, WORKING AS SUPERINTENDENT, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, KOCHI. 5. V.P. JOY, S/O. PHILIPOSE, WORKING AS SUPERINTENDENT, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, KOCHI. 2/- -2- WP(C)NO.15200/2009 6. N. SATHIAMMA, S/O. MURALEEDHARAN UNNITHAN, WORKING AS ASSISTANT, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, KOCHI. 7. KUMARI BOSCO, W/O. R.J. BOSCO, WORKING AS ASSISTANT, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, KOCHI. 8. K.K. AMBUJAKSHY, W/O. V. MOHANAN PILAI, WORKING AS ASSISTANT, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, KOCHI. 9. B. SATHYABHAMA, W/O. SREENIVAS SHARMA, WORKING AS ASSISTANT, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, KOCHI. 10. M.A. SUDARSANA BABU, S/O.KELAN AYYALPAN, WORKING AS ASSISTANT, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, KOCHI. 11. MARY KURIAN, W/O.M.K. THOMMAN, WORKING AS ASSISTANT, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, KOCHI. 12. A.N. MOHANAN, S/O.A.K. NARAYANAN, WORKING AS ASSISTANT, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, KOCHI. 13. N.J. MARY, D/O.N.M. JOSEPH, WORKING AS SUPERINTENDENT, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, KOCHI. 14. K. MICLE, S/O. M.P. AUGUSTIN, WORKING AS ASSISTANT, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, KOCHI. 15. ELIAMMA JULIUS, W/O. S. JULIUS, WORKING AS SUPERINTENDENT, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, KOCHI. 16. U.K. SANTHA, W/O.K.V. SUKUMARAN, WORKING AS SUPERINTENDENT, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, KOCHI. sts 3/- -3- WP(C)NO.15200/2009 17. C.S. SULABHA, W/O. K. RAVEEDRAN, WORKING AS ASSISTANT, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, KOCHI. 18. E.K. SREERANJINI, W/O.V.P. RAMAN, WORKING AS ASSISTANT, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, KOCHI. 19. ELSY THOMAS, W/O. K.K.THOMAS, WORKING AS ASSISTANT, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, KOCHI. 20. V. SANTHA, W/O. CHAANDRASEKHARAN.N, WORKING AS ASSISTANT, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, KOCHI. 21. D. RAJAMANI, W/O.T.S.MURALEEDHARA PILLAI, WORKING AS ASSISTANT, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, KOCHI. 22. M.G. SUMA, W/O.T.S. PRETHVI RAJ, WORKING AS ASSISTANT, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, KOCHI. 23. T.J. SEBASTIAN, S/O.T.C. JOSEPH, WORKING AS ASSISTANT, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, KOCHI. 24. V. LEELA, W/O.V.S. SASIDHARAN, WORKING AS ASSISTANT, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, KOCHI. 25. P.S. VALSAMMA, W/O.B. HARI KRISHNAN, WORKING AS ASSISTANT, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, KOCHI. 26. A.S.VALSALA KUMARI, W/O. T.R. RAJAGOPALAN NAIR, WORKING AS ASSISTANT, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, KOCHI. 27. P.J. DARLY, W/O. C.R. SEBASTIAN, WORKING AS ASSISTANT, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR,KOCHI. 28. MELVIN MENDEZ, S/O. MANUEL MENDEZ, WORKING AS ASSISTANT, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR,KOCHI. 29. V. GIRIJA, W/O. RAVEENDRANATHAN, WORKING AS ASSISTANT, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR,KOCHI. 4/- -4- WP(C)NO.15200/2009 30. BASIL ALEXANDER.K, S/O.K.M. ALEXANDER, WORKING AS ASSISTANT, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR,KOCHI. 31. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI. 32. THE JOINT SECRETARY (CPV) AND CHIEF PASSPORT OFFICER, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI. 33. REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, KOCHI - 682 036. R1 TO R30 BY ADV. SRI.P.RAMAKRISHNAN R31 TO R33 BY SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR SRI.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/03/2011, ALONG WITH WPC NO. 21024 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.15200/2009 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE MEMORANDUM NO,V.IV/578/33/79 DATED 20/6/1979 OF THE MINISTRY OF EXTERNAL AFFAIRS. P2 COPY OF THE O.A.NO.82/08. P3 COPY OF THE REPLY STATEMENT FILED BY RESPONDENTS IN O.A.NO.82/08. P4 COPY OF THE ORDER DATED 23/10/2008 OF THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH IN O.A.NO.82/2008. RESPONDENT'S EXHIBIT AND ANNEXURE'S R1(A) COPY OF THE ORDER OF THE CAT, ERNAKULAM BENCH IN O.A.NO.300/08. ANNEXURE R1: COPY OF THE ORDER DATED 29/2/2008 OFTHOS HONOURABLE TRIBUNAL IN ORIGINAL APPLICATION NO.675 OF 2007. /TRUE COPY/ P.S.TO.JUDGE sts A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) Nos.15200 & 21024 of 2009 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 22nd day of March, 2011 JUDGMENT Basheer, J. Petitioner in W.P.(C) No.15200 of 2009 impugns Ext.P4 order passed by the Central Administrative Tribunal, Ernakulam Bench in O.A. No.82 of 2008 and petitioners in W.P.(C) No.21024 of 2009 impugn Ext.A2 order passed by the same Tribunal in O.A. No. 300 of 2008, in these writ petitions filed under Article 227 of the Constitution of India. 2. It may at once be noticed that the petitioners were not parties to the above proceedings before the Tribunal. Their grievance appears to be that the impugned orders have been obtained by respondents 27 to 30 in W.P.(C) No. 15200 of 2009 and respondent No.1 in W.P.(C) No. 21024 of 2009 behind their back suppressing the fact that the petitioners were senior to them. Various other contentions have also been raised touching upon the eligibility criteria. We do not propose to refer to or deal with those contentions W.P.(C) No. 15200/2009 & con. case 2 at this stage, since they are now being raised before us for the first time. If the petitioners are aggrieved, they have to necessarily approach the Tribunal and challenge the seniority list. 3. We have heard learned counsel for the petitioners and the contesting respondents namely, respondents 27 to 30 in W.P.(C) No. 15200 of 2009 and respondent No.1 in W.P.(C) No. 21024 of 2009. 4. In the nature of the contentions now raised by the petitioners, we are of the view that the petitioners can be directed to approach the Tribunal and raise all the contentions available to them. 5. Therefore, the impugned orders passed by the Tribunal to the extent they relate to respondents 27 to 30 in W.P.(C) No. 15200 of 2009 and respondent No.1 in W.P.(C) No. 21024 of 2009 are set aside. In other words the question of seniority vis a viz the petitioners and these respondents is left open. The petitioners may, if so advised, take recourse the remedy available to them before the W.P.(C) No. 15200/2009 & con. case 3 Tribunal. However, it is made clear that these respondents shall not be denied the service benefits which they may be entitled to get on the basis of their seniority and in accordance with the Rules governing the field. Writ petitions are closed with the above directions. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE mn.