IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 OP (CAT).No. 1121 of 2010(S) ---------------------------- OA.1008/2010 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER ------------------------------ P.K.HARIKUMAR, TECHNICAL OFFICER (T-7-8), CENTRAL MARINE FISHERIES RESEARCH INSTITUTE (INDIAN COUNCIL OF AGRICULTRUAL RESEARCH), P.B.NO.1603, KOCHI-682018. BY ADV. SRI.P.K.MADHUSOODANAN SRI.P.M.BINOY KRISHNA RESPONDENTS: --------------- 1. THE DIRECTOR, CENTRAL MARINE FISHERIES RESEARCH INSTITUTE, (INDIAN COUNCIL OF AGRICULTRUAL RESEARCH) POST BOX NO.1603, KOCHI-682018. 2. INDIAN COUNCIL OF AGRICULTRUAL RESEARCH, REPRESENTED BY ITS SECRETARY, KRISHI BHAVAN,NEW DELHI-110114. 3. DIRECTOR GENERAL INDIAN COUNCIL OF AGRICULTURAL RESEARCH, KRISHI BHAVAN NEW DELHI PIN-110114. 4. AGRICULTURAL SCIENTISTS RECRUITMENT BOARD, REPRESENTED BY ITS CHAIRMAN, KRISHI ANUSANDHAN BHAVAN, PUSA: NEW DELHI-110012. 5. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF AGRICULTURE, KRISHI BHAVAN NEW DELHI-110114. 6. THE CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH, REP. BY ITS REGISTRAR, MANAPPATTIPARAMBU KALOOR, KOCHI-18. ADV. SRI.P.JACOB VARGHESE, SENIOR ADVOCATE FOR R1 TO 4 SRI.VIVEK VARGHESE P.J. FOR R1 TO 4 SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1-5 THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 13/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. .................................................................... O.P.(CAT) No.1121 of 2010 .................................................................... Dated this the 13th day of December, 2010. JUDGMENT Ramachandran Nair, J. Order under challenge is Ext.P5 by which the Tribunal vacated the earlier order of stay granted by them. The petitioner is a person waiting for promotion to the post of Scientist. According to him, if Recruitment Rules are framed, those in service are entitled to a quota for reservation. On the other hand if all vacancies are filled up with direct recruits, the petitioner and similar others will be denied opportunity to seek promotion. Even though Tribunal initially granted stay against all proceedings, they later vacated it. Even though counsel submitted that petitioner has only sought for early hearing of the matter and stay should not have been vacated by the Tribunal, we do not think there is anything wrong in the Tribunal vacating the stay order because the prayer itself is for direction to respondents to make Recruitment Rules and thereafter appoint Scientists. We, therefore, dismiss the O.P. (CAT). However, there will be direction to the Tribunal to hear and 2 pass orders in the O.A. itself without any delay so that much before recruitment process is completed, the petitioner will know the result of the O.A. The petitioner will produce copy of this judgment for early hearing and disposal of the O.A. by the Tribunal. C.N.RAMACHANDRAN NAIR Judge BHABANI PRASAD RAY Judge pms