IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 OP (CAT).No. 2863 of 2011(Z) --------------------------- OA.178/2010 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER: -------------------- TREESA IRISH, W/O.MILTON LOPEZ, AGED 52 YEARS, POSTMAN, ERNAKULAM, NORTH POST OFFICE, KOCHI-682 018, RESIDING AT KADAVATHUPARAMBIL, VALLARPADAM.P.O., COCHIN-682 031. BY ADV. SRI.M.R.HARIRAJ RESPONDENTS: --------------- 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF DEPARTMENT OF POSTS, NEW DELHI-110001. 2. CHIEF POST MASTER GENERAL, KERALA CIRCLE, TRIVANDRUM-695 033. 3. SENIOR SUPERINTENDENT OF POST OFFICES, ERNAKULAM POSTAL DIVISION, ERNAKULAM-682 011. BY ADV. SRI.P.PARAMESWARAN NAIR, ASG THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 29/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF FINAL ORDER DT.31.3.2011 IN O.A. 178/2011 ON THE FILES OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. P2: TRUE COPY OF MARK LIST NO.RECRUITMENT/10.3.2005 PT V DT.13.10.2005 ISSUED FOR 2ND RESPONDENT. P3: TRUE COPY OF ANSWER SHEETS IN PAPER III OF LGO EXAMINATION WITH FORWARDING LETTER NO.ECTT/10/-3/WP(C) 6532/06 DT.7.10.2010. P4: TRUE COPY OF QUESTION PAPER III IN LGO EXAMINATION. P5: TRUE COPY OF SOLVED QUESTION PAPERS OF SWAMY'S PUBLICATION. P6: TRUE COPY OF RULE 37 AND 37A IN CHAPTER I OF POST AND TELEGRAPH MANUAL VOLUME 5. P7: TRUE COPY OF RULE 177 OF POST OFFICE GUIDE PART I. P8: TRUE COPY OF INSTRUCTION DT.2.8.2010 NO.A/34018/10/2010.DE. P9: TRUE COPY OF OA 178/2011 ON THE FILES OF CENTRAL ADMINSTRATIVE TRIBUNAL, ERNAKULAM BENCH WITHOUT ANNEXURES. TRUE COPY P.S. TO JUDGE C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... O.P.(CAT) No.2863 of 2011 .................................................................... Dated this the 29th day of August, 2011. JUDGMENT Ramachandran Nair, J. We notice that the prayer declined by the Tribunal is only petitioner's request for revaluation of answer books in the examination written by him for selection as Postman in the year 2006. After going through the Tribunal's order, we do not think there is any merit in the case because the answers for which 100% mark is claimed are not objective type questions. So long as the mark is given based on evaluation of performance, we feel there is likelihood of variation because it is a matter of subjective appraisal of performance in the examination. We do not think this court can revalue the answer books or order revaluation when Tribunal itself finds that there is no merit in the allegations raised by the petitioner. The O.P.(CAT) is accordingly dismissed. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms