IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 WP(C).No. 23461 of 2009(S) -------------------------- OA.677/2006 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH PETITIONER(S)/APPLICANTS: 1. SALICHEN THOMAS, AGED 45 YEARS, S/O.LATE THOMAS, RADIO MECHANIC HS II, NAVAL SHIP REPAIR YARD, NAVAL BASE, COCHIN-4,RESIDING AT 'PUTHENPURACKAL HOUSE' ARUVIKUZHY P.O. ANIKKAD, KOTTAYAM. 2. DINESHKUMAR G.S. AGED 43 YEARS, S/O.G.SIVADASAN NAIR RADIO MECHANIC HS-II,NAVAL SHIP REPAIR YARD, NAVAL BASE,COCHIN-4,RESIDING AT 'SREVALSAM'AROOR P.O.,ALAPPUZHA DISTRICT. BY ADV. SRI.M.A.SHAFIK RESPONDENT(S): 1. UNION OF INDIA REPRESENTED BY SECRETARY TO THE GOVERNMENT OF INDIA, MUNISTRY OF DFENSE, NEW DELHI. 2. THE FLAG OFFICER COMMANDING IN CHIEF, SOUTHERN NAVAL COMMAND, COCHIN. 3. THE COMMODORE SUPERINTENDENT, NAVAL SHIP REPAIR YARD, NAVAL BASE, COCHIN-4. 4. P.P.BABY, MASTER CHAFTSMAN, RADIO MECHANIC), YARD SERVICE CENTRE, NAVAL SHIP REPAIR YARD, NAVAL BASE, COCHIN. 5. E.P. JOSEPH, MASTER CRAFTSMAN, (REDIO MECHANIC),RADIO SHOP, NAVAL SHIP REPAIR YARD,NAVAL BASE, COCHIN. ADV. SRI.A.X.VARGHESE FOR R5 SRI.A.V.JOJO FOR R5 SHRI. T.P.M. IBRAHIM KHAN, ASST. SOLICITOR GENERAL FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)NO. 23461/2009 APPENDIX PETITIONERS' EXHIBITS: Ext.P1: True copy of the order dated 9.1.2008 of the C.A.T. in O.A. 677/2006. Ext.P2: True copy of the order dated 28.5.2008 in MA 313/2008 in OA 677/2006 of the C.A.T. Ext.P3: True copy of the order dated 29.8.2008 in MA 639/2008 in OA 677/2006 of the C.A.T. Ext.P4: True copy of the Order No. CS 2765/34 dated 21.11.2008 issued by the respondents. Ext.P5: True copy of the Order No.CS 2765/34 dated 19.2.2009 issued by the respondents. Ext.P6: True copy of the representation dated 20.3.2009 submitted before the respondents. Ext.P7: True copy of the Order No.PA/03/5030/14 dated 30.3.2009 issued by the respondents. Ext.P8: True copy of the M.A. No.308/2009 filed by the petitioner before the Tribunal. Ext.P9: True copy of the reply statement filed by the respondents in M.A. 308/2009. Ext.P10: True copy of the statement filed by the respondents in M.A. No.308/2009. Ext.P11: True copy of the Civilian statement List No.107/2009 dated 24..4.2009 issued by the respondents. Ext.P12: True copy of the Order dated 8.7.2009 of the C.A.T. in M.A. No. 308/2009. RESPONDENTS' EXHIBITS: Ext.R1: A true copy of the Headquarters Southern Naval Command letter CS 2765/34 dated 10th November, 2009. KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P. (C) NO. 23461 OF 2009 --------------------------------------------- Dated this the 30th day of November, 2009 JUDGMENT Kurian Joseph, J. The applicants before the Central Administrative Tribunal, Ernakulam Bench in O.A. No.677 of 2006 are the petitioners herein. The application was filed praying for re-fixation of pay, promotion and other service benefits based on the Fifth Pay Commission. In the counter affidavit filed before this Court, it is stated that the reliefs have been granted to the writ petitioners. Therefore, the Writ Petition is closed making it clear that, in any view of the matter, we have not adverted to the contentions of the parties and all the contentions are left open. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ 2 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO.23461/2009 JUDGMENT 30th November, 2009