IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 WP(C).No. 14506 of 2009(S) -------------------------- AGAINST THE ORDER DATED 02/12/2005 IN OA.466/2003 & 794/2003 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER(S): --------------- 1. HARJEET SINGH,S/O. SH.JASBIR SINGH RESIDING AT PLOT NO.52, BAKSHI NAGAR, JAMMU. 2. ROMESH CHANDER, S/O.SH.GIRDHARI LAL RESIDING AT HOUSE NO. 259, KRISHNA NAGAR JAMMU. 3. MOHINDER PAUL SOOD, S/O.SH.M.C.SOOD AT PRESENT AEE, COMMANDER WORKS ENGINEER AMRITSAR. 4. SANJAY KOUL, S/O.SH.M.L.KOUL AT PRESENT AEE, COMMANDER WORKS ENGINEER AMBALLA. BY ADV. SRI.R.RAMADAS RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY SECRETARY MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI-11 2. UNION PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, DHOLPUR HOUSE SHAHJAHAN ROAD, NEW DELHI-11 3. ENGINEER IN CHIEF ARMY HEADQUARTERS KASHMIR HOUSE DHQ PO, NEW DELHI-11 4. CHIEF ENGINEER, SOUTHERN COMMAND PUNE-1 5. CHIEF ENGINEER (NW) KATARIBAGH NAVAL BASE PO, KOCHI-4 6. CHIEF ENGINEER (R&D) PICKET SECUNDERABAD-3 7. GARRISON ENGINEER (I) E/M (NW) KATARIBAGH, NAVAL BASE PO, KOCHI-4 8. GARRISON ENGINEER (I) (R/D) THRIKKAKARA PO, KOCHI-21. 9. MES 124302 SHRI VI SADANANDAN ASSISTANT ENGINEER (QS&C) GARRISON ENGINEER (I) E/M (NW) KOCHI 682 004. 10. MES/111600 SHRI K.V.JAMES ASSISTANT ENGINEER (QS&C) GARRISON ENGINEER (I) (R&I), KOCHI 682 004. 11. TOMY GEORGE, S/O.GEORGE JUNIOR ENGINEER (QS&C) GARRISON ENGINEER (I) NAVAL BASE,KOCHI 682 004. 12. RUBY HERBERT, W/O.P..X.HERBERT JUNIOR ENGINEER (QS&C) OFFICE OF CHIEF ENGINEER (NAVY) NAVAL BASE PO KOCHI-4 13. T.P.RAVI KUMAR S/O. K.P.R.PISHARADI, JUNIOR ENGINEER (QS&C) OFFICE OF CHIEF ENGINEER (NAVY)NAVAL BASE PO KOCHI 14. MRS.VALSALA A.T W/O.NARAYANAN, JE (QS&C) GARRISON ENGINEER (I) NAVAL BASE, KOCHI. ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GENERAL FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P.(C) NO. 14506 OF 2009 --------------------------------------------- Dated this the 1st day of June, 2009 JUDGMENT Balakrishnan Nair, J. The writ petitioners challenge Ext.P8 order of the Central Administrative Tribunal, Ernakulam Bench dated 2.12.2005 in O.A. Nos. 466 of 2003 and 794 of 2003 on the ground that the directions contained in that judgment will affect their service prospects. They attempted a Writ Petition before the High Court of Jammu and Kashmir which was dismissed by Ext.P6 judgment on the ground that the said court has no jurisdiction to entertain a petition filed against the order passed by the Central Administrative Tribunal, Ernakulam Bench. That order was affirmed by the Apex Court by Ext.P7 order. So, the writ petitioners submitted that they were constrained to approach this Court challenging Ext.P8 order. But, we find that, in the meantime, Ext.P8 order was challenged by certain other affected persons and a Division Bench of this Court, as per Ext.P9 judgment dated 3.8.2006, has upheld the order of the Tribunal, subject to certain modifications. W.P.(C) NO. 14506/2009 2 2. We have gone through Ext.P9. It is a considered judgment. We are in respectful agreement with the findings of the Division Bench in that case. In view of the said decision, the challenge against Ext.P8 is repelled and it is ordered that the directions in Ext.P9 judgment will be treated as directions in this Writ Petition also. Subject to the above observation, the Writ Petition is dismissed. (K. BALAKRISHNAN NAIR) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C) NO. 14506/2009 3 K.BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. W.P.(C) NO.14506/2009 JUDGMENT 1st June, 2009