IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 28069 of 2010(S)
1. P.T.CHACKO, INSPECTOR OF CENTRAL EXCISE,
... Petitioner
Vs
1. COMMISSIONER OF CENTRAL EXCISE & CUSTOMS
... Respondent
2. CHIEF COMMISSIONER OF CENTRAL EXCISE &
3. CHAIRMAN, CENTRAL BOARD OF EXCISE &
4. UNION OF INDIA, REPRESENTED BY ITS
5. P.K.PRAN, S/O.K.A.KRISHNAN,
6. S.K.CHITRA, W/O.A.KANNAN,
For Petitioner :SRI.C.S.GOPALAKRISHNAN NAIR
For Respondent :SRI.THOMAS MATHEW NELLIMOOTTIL
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :09/09/2010
O R D E R
C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ.
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W.P.(C).No.28069 of 2010
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Dated this the 9th day of September, 2010.
J U D G M E N T
Ramachandran Nair, J.
Heard the counsel for the petitioner and the Standing
Counsel for the respondents.
2. Petitioner seeks regularisation with retrospective effect
as L.D.Clerk on the ground that he was appointed in the cadre of
L.D.Clerk on ad-hoc basis earlier. Retrospective claim was with
effect from 1981 onwards whereas regularisation was in 1992.
However, CAT found that the claim was decided by them along
with claim of others in an earlier round of O.A filed by the very
same petitioner along with others. So much so, the Tribunal
dismissed the case as not maintainable and by applying the
principle of res judicata.
3. Before us, counsel for the petitioner contended that
the Government is considering the claim of the petitioner and
others favourably and therefore a direction may by issued by this
Court to consider his case. He has also pointed out that Supreme
Court judgments later rendered are in their favour. Though CAT
W.P.(C).No.28069 of 2010
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declined to entertain the application on account of res judicata
the same will not stand in the way of Government considering the
claim based on the Supreme Court judgments or otherwise.
We dismiss the writ petition, but with the above
observation.
C.N.RAMACHANDRAN NAIR,
Judge.
HARUN-UL-RASHID,
Judge.
bkn/-