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 28TH JUNE 2010 / 7TH ASHADHA 1932 WP(C).No. 15932 of 2010(S) -------------------------- OA.256/2009 of CAT,ERNAKULAM BENCH .................... PETITIONER(S): RESPONDENTS 1 TO 4 --------------------------------- 1. UNION OF INDIA, REP. BY THE SECRETARY TO THE GOVERNMENT, MINISTRY OF COMMUNICATIONS, DEPARTMENT OF POSTS, GOVERNMENT OF INDIA, NEW DELHI. 2. THE CHIEF POSTMASTER GENERAL, KERALA CIRCLE, DEPARTMENT OF POSTS, TRIVANDRUM. 3. THE SR. SUPDT. OF POST OFFICES, DEPARTMENT OF POSTS, KOTTAYAM DIVISION, KOTTAYAM. 4. ASST. SUPERINTENDENT OF POST OFFICES, DEPARTMENT OF POSTS, EAST SUB DIVISION, KOTTAYAM - 686 001. BY ADV. SRI.S.KRISHNAMOORTHY, CGC RESPONDENT(S): --------------- 1. K.B. GOPALAKRISHNAN, S/O.K.G. BHASKARA PANICKER, GDSMD II, MANARCAUD, RESIDING AT KOCHUMADATHIL, AMAYANNUR.P.O, KOTTAYAM - 686 025. 2. C.V. JOHN, GDSMD, AMAYANNUR EDSO DEPARTMENT OF POSTS, KOTTAYAM - 686 025. 3. K.M. JOSEPH, GDSMD, AMAYANNUR EDSO, DEPARTMENT OF POSTS, KOTTAYAM - 686 025. BY ADV.SRI.V.SAJITH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. ------------------------------------------- W.P(C).No.15932 OF 2010 ------------------------------------------- Dated this the 28th day of June, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. 1.The department has filed this writ petition challenging an order of the Central Administrative Tribunal. 2.The first respondent filed an original application before the Tribunal. He was a GDSMD in the Amayannoor post office. When the area in his charge under that post office was transferred and attached to Malam post office, the applicant was automatically made part of Malam post office. That area was later returned to Amayannoor post office. Instead of bringing the applicant back to Amayannoor post office, on a review of work load in Amayannoor post office, it was found by the department that only two persons are necessary to man the work load in that office. Accordingly, instead of WPC.15932/10 2 bringing the applicant back to Amayannoor, he was ordered to move on to Manarcaud. This has been interfered with by the Tribunal. It is the admitted position that the applicant was the senior most among the three GDSMDs at Amayannoor post office when he was shifted to Malam post office as a result of the transfer and attachment of the area in question. Therefore, the only reasonable way was to bring him also back to Amayannoor on bringing back the area under the control of that post office. The seniority of the applicant not being in dispute, even at the hands of the 5th respondent before the Tribunal, viz., C.V.John, who did not appear and contest the O.A. even after notice to him, we do not find any illegality or jurisdictional error in the decision of the Tribunal. With this, we dismiss the writ petition. It is clear that the Tribunal has decided the matter entirely on the peculiar facts and circumstances of the case and not in any manner attempting to give any particular interpretation to the guidelines as are contained in Ext.R1. However, we do WPC.15932/10 3 not find any contradiction in the decision of the Tribunal with the guidelines issued. Let this order be given effect to within a period of two weeks from now. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- S.S.SATHEESACHANDRAN, Judge. kkb.28/06.