IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 31055 of 2006(S)
1. S. SHAHANAS, AGED 24 YEARS,
... Petitioner
Vs
1. UNION OF INDIA, REPRESENTED BY
... Respondent
2. THE SENIOR SUPERINTENDENT
3. THE SUB RECORD OFFICER,
4. THE CHIEF POSTMASTER GENERAL,
5. DEEPA SASIDHARAN, D/O.SASIDHARAN,
For Petitioner :SRI.M.A.SHAFIK
For Respondent : No Appearance
The Hon'ble MR. Justice K.S.RADHAKRISHNAN
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :12/06/2007
O R D E R
K.S.RADHAKRISHNAN & ANTONY DOMINIC, JJ.
===============================
W.P(c) NO. 31055 OF 2006
======================
Dated this the 12th day of June, 2007
J U D G M E N T
Radhakrishnan, J.
This writ petition has been preferred against the order of the
Central Administrative Tribunal (CAT) in OA 769/2003. Counsel
appearing for the writ petitioner submitted that OA 769/2003 was
disposed of along with OA 738/2003 and connected cases.
Against the order in OA 738/2003, WP(C) 2473/2007 was filed
before this court, which was disposed of by another Division
Bench setting aside the order of the Tribunal and directed to
consider whether the petitioners therein had worked for 240 days
in the year of 2002, if that be so, the court held that automatically
they would get the benefit of the two letters dated 6.6.1988 and
31.3.1992.
2. We have perused the order under challenge. It is clear
from the materials made available before the Tribunal that
petitioner had not worked for 240 days in any of the years.
Petitioner submitted that the finding made by the Tribunal is
WP(C) No.31055/2006
: 2 :
incorrect. Petitioner, if so advised, may move the Tribunal and
establish the fact that he had worked for 240 days about which
we express no opinion. Petitioner if so advised may produce a
copy of the judgment in WP(C) No.2473/2007 before the Tribunal
and Tribunal will consider the same and pass appropriate orders.
3. If there is delay in filing the application for review, the
same also may be considered by the Tribunal taking into
consideration all aspects including the pendency of the writ
petition here as well as taking note of the direction in WP(C)
No.2473/2007.
Writ petition is disposed of with the above directions.
K.S.RADHAKRISHNAN, JUDGE.
ANTONY DOMINIC, JUDGE.
Rp