IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 WP(C).No. 20682 of 2008(S) -------------------------- OA.203/2007 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER: ------------ 1. UNION OF INDIA REPRESENTED BY THE SECRETARY DEPARTMENT OF REVENUE, MINISTRY OF FINANCE NORTH BLOCK, NEW DELHI 110 001 2. THE COMMISSIONER OF CENTRAL EXCISE & CUSTOMS, COCHIN COMMISSIONERATE OFFICE OF THE COMMISSIONER OF CENTRAL EXCISE CENTRAL REVENUE BUILDINGS, I.S.PRESS ROAD COCHIN 682 018. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR RESPONDENTS: ------------- 1. SURESH K.K., S/O. SREEDHARAN PART TIME CASUAL LABOURER,CENTRAL EXCISE HEAD QUARTERS OFFICE, COCHIN, RESIDING AT KOMORETHU HOUSE, KUMBALAM P.O., PIN 682 506. 2. RADHAMANI T.R., D/O.T.C. RAGHAVAN PART TIME CASUAL LABOURER, CENTRAL EXCISE HEAD QUARTERS OFFICE, COCHIN, RESIDING AT TRIKAYIL PARAMBU, NETTOOR P.O., MARADU. 3. SAJEEV.R.,S/O. RAJAPPAN PART TIME CASUAL LABOURER, CENTRAL EXCISE HEAD QUARTERS OFFICE, RESIDING AT PLOT NO.2 KUDUMBI COLONY, COCHIN-20 4. PRASANTH P.R., S/O. P.N.RAMAN NAIR PART TIME CASUAL LABOURER, CENTRAL EXCISE ERNAKULAM II DIVISION,RESIDING AT PERKANJIRAKKATTU HOUSE, PERUMPILLY PO, MULANTHURUTHY. 5. BEEVI KUNJU K.H., D/O.HAMSA PART TIME CASUAL LABOURER, CENTRAL EXCISE HEAD QUARTERS OFFICE, RESIDING AT KANAVATH HOUSE NETTOOR, MARADU. 6. ANWAR.S, S/O. SAINUDABDEEN PART TIME CASUAL LABOURER, CENTRAL EXCISE HEAD QUARTERS OFFICE, RESIDING AT KAIPPALLI PARAMBU KALOOR, KOCHI-17 7. SANTHOSH M.G., S/O.M.D.GOPINATHA SHENOY PART TIME CASUAL LABOURER, CENTRAL EXCISE HEAD QUARTERS OFFICE, RESIDING AT THEKKEDATH HOUSE, MARADU P.O., THRIPPUNITHURA. 8. GEETHA N.M.,D/O.MADHAVAN PART TIME CASUAL LABOURER, CENTRAL EXCISE HEAD QUARTERS OFFICE, COCHIN, RESIDING AT NADUTHIRIVIL HOUSE PANANGAD, COCHIN. 9. LATHA K.K., W/O. THAMBI, PART TIME CASUAL LABOURER, CENTRAL EXCISE HEAD QUARTERS OFFICE, COCHIN, RESIDING AT KARATHARA HOUSE POONITHURA P.O. 10. THADEVOUS K.V, S/O.K.V.VARGHESE PART TIME CASUAL LABOURER, CENTRAL EXCISE HEAD QUARTERS OFFICE, COCHIN, RESIDING AT KARIVELY HOUSE CADUTHAKA, COCHIN-23 11. PAVITHRAN.A.K., S/O. KANNANHI PART TIME CASUAL LABOURER, CENTRAL EXCISE HEAD QUARTERS OFFICE, COCHIN,RESIDING AT ATTUPURATH HOUSE MARADU POST, COCHIN. 12. SELVARAJ B.M., S/O.MARIYAN PART TIME CASUAL LABOURER, CENTRAL EXCISE HEAD QUARTERS OFFICE, COCHIN,RESIDING AT VEDEPPARAMBU,VENNALA P.O. COCHIN. 13. BAIJU.K.P., S/O. M.N. PEETHAMBARAN PART TIME CASUAL LABOURER, CENTRAL EXCISE HEAD QUARTERS OFFICE, COCHIN,RESIDING AT MATTILIPARAMBIL HOUSE TRIPUNITHURA -36 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.20682 OF 2008 ----------------------------------------------------- DATED THIS THE 14th DAY OF JULY, 2008 J U D G M E N T Balakrishnan Nair, J. This is yet another frivolous Writ Petition attempted by the Union of India against the order of the CAT. The writ petitioners are the respondents in O.A.No.203/07. The CAT disposed of the O.A. with the following directions. “ The OA is, therefore, allowed to the extent that the respondents shall consider framing of a scheme on the lines advised by the Ministry of Personnel vide their order at Annexure A-2 and if the applicants fulfill the conditions that may be stipulated therein, the case of the applicants be duly considered. Since the entire drill involves first formulation of a scheme, no time limit is prescribed. It is hoped that the matter would be dealt with at the appropriate level within a reasonable span of time.” We are at a loss to understand what is the grievance caused to the writ petitioners by the above direction. By Annexure A2, the Department of Personnel and Training has issued an office memorandum on 11.12.2006 directing the concerned department to frame a scheme in the light of the decision of the Apex Court in State of Karnataka v. Umadevi (2006 W.P.(C)No.20682/08 -2- (4) SCC 1). The CAT only directed to consider framing of such a scheme in the light of the said memorandum. This writ petition is an abuse of the process of the court. Accordingly, it is dismissed. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn