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The Union Of India vs P. Ramendra Kumar on 5 August, 2009

Kerala High Court
The Union Of India vs P. Ramendra Kumar on 5 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 34948 of 2005(S)


1. THE UNION OF INDIA, REPRESENTED BY THE
                      ...  Petitioner
2. THE DIRECTOR GENERAL,
3. THE STATION DIRECTOR,
4. THE CHIEF EXECUTIVE OFFICER,

                        Vs



1. P. RAMENDRA KUMAR,
                       ...       Respondent

                For Petitioner  :SRI.JOHN VARGHESE, ASSISTANT SG

                For Respondent  :SRI.T.C.GOVINDA SWAMY

The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :05/08/2009

 O R D E R
       K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ.

                        ------------------------------
                        W.P.(C) No.34948 of 2005 S
                        ------------------------------

                  Dated this, the 5th day of August, 2009

                                JUDGMENT

Balakrishnan Nair, J.

The respondents in Original Application No.743 of 2000 on

the files of the Central Administrative Tribunal, Ernakulam Bench, are

the petitioners. The said Original Application was filed by the

respondent herein. The Tribunal, by Ext.P5 order dated 7.9.2005,

allowed the Original Application. Feeling aggrieved by the said order,

this writ petition is filed.

2. The respondent claimed that he is a Casual Production

Assistant working under the Station Director, All India Radio,

Thiruvananthapuram. Based on Annexure A1 judgment produced

along with Ext.P1 Original Application, the writ petitioners have framed

Annexure A2 Scheme for absorption of Casual Production Assistants

and General Assistants who have worked 72 days in a Calendar Year

before 31.12.1991. The respondent/applicant claimed the benefit of

the said Scheme and represented. The said representation was

considered and rejected by the Director General, All India Radio, by

Annexure A11 order dated 2.2.2000. Challenging that order, the

Original Application was filed. The writ petitioners resisted the

WPC No.34948 of 2005

– 2 –

application contending that the applicant was only doing the work of a

Compere and that too for Family Welfare Programmes only. He never

worked as Casual Production Assistant or General Assistant, it was

submitted. Even assuming that, the respondent has worked for some

days, he has not worked for 72 days as Casual Production Assistant.

The Tribunal examined the records and other materials produced and

held as follows:

“We have given due consideration to the

arguments advanced by the learned counsel for the

parties and have gone through the documents and

material placed on record. From the compilation of

Quotation Contracts we could verify the correctness of

A/12 chart and see that the applicant was engaged for

72 days as Casual Production Assistant between the

period 20.1.987 and 31.12.1987.”

In view of the said finding of fact, relief was granted to the applicant.

We notice that the above finding is essentially a finding of fact, which

cannot be disturbed by this Court under Article 226 of the Constitution

of India. No material compelling us to take a different view, has been

brought to our notice, in this writ petition. But, the learned counsel for

the petitioners pointed out that the finding of the Tribunal that de hors

Annexure A2 Scheme, the respondent is entitled to get the benefit, is

WPC No.34948 of 2005

– 3 –

not sustainable. The finding on the said point is contained in paragraph

12 of the order of the Tribunal, Ext.P5. Since on the facts of this case,

it was found that the respondent/applicant is entitled to get the benefit

of Annexure A2 scheme, it was unnecessary to consider whether he

was entitled to get regularisation independent of Annexure A2.

Therefore, the finding of the Tribunal on the said aspect in paragraph

12 is vacated.

Subject to the above direction, the writ petition is

dismissed.

Sd/-

K. Balakrishnan Nair,
Judge.

Sd/-

C.T. Ravikumar,
Judge.

DK.

(True copy)

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