Pankajakshan v. Union Of India

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR.JUSTICE K.HARILAL THURSDAY, THE 29TH DAY OF JANUARY 2015/9TH MAGHA, 1936 OP (CAT).NO. 20 OF 2015 (Z) ---------------------------- MA.180/2015 IN OA 180/2012 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH .......

PETITIONER(S):

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1. PANKAJAKSHAN NAIR, AGED 58 YEARS WORKING AS JR.GESTETNER OPERATOR, SOUTHERN AIR COMMAND (U), AIR FORCE, AKKULAM, THIRUVANANTHAPURAM, NOW RESIDING AT JAYA NIVAS, MANALOOR, NEYYATTINKARA, THIRUVANANTHAPURAM, KERALA, PIN - 695121.

2. BOBAN ISSAC, AGED 49 YEARS, WORKING AS JR.GESTETNER OPERATOR, SOUTHERN AIR COMMAND (U), AIR FORCE, AKKULAM, THIRUVANANTHAPURAM, NOW RESIDING AT DRA 68 KESAVADASAPURAM, PATTOM (P.O) THIRUVANANTHAPURAM, PIN - 695031.

3. ANEESH.R, AGED 37 YEARS, WORKING AS JR.GESTETNER OPERATOR SOUTHERN AIR COMMAND (U), AIRFORCE, AKKULAM, THIRUVANANTHAPURAM, NOW RESIDING AT PANNICKER, MUTTATHEZHATHU HOUSE, MUTHUKULAM SOUTH (P.O) ALLAPPUZHA, PIN - 690 506 BY ADV. SRI.K.RAVI (PARIYARATH) RESPONDENT(S):

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1. UNION OF INDIA REP. BY THE SECRETARY, MINISTRY OF DEFENSE NEW DELHI, PIN - 110001.

2. THE CHIEF OF AIR STAFF, AIR HEAD QUARTERS(V.B), RAFI MARG NEW DELHI. PIN - 110011.

3. THE COMMANDING OFFICER, HQS, AIR FORCE, AKULAM, THIRUVANANTHAPURAM, PIN - 695011.

R1-R3 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL OF INDIA THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 29-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP (CAT).NO. 20 OF 2015 (Z) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1TRUE COPY OF O.A.NO.180/01090/14 ON THE FILE OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH, DATED 12.12.2014 P2TRUE COPY OF M.A.NO.180/00030/15 IN O.A. NO.180/01090/14 ON THE FILE OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH, DATED 20.1.2015 P3TRUE COPY OF ORDER PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH , IN M.A.NO.180/00030/15 IN O.A.NO.180/01090/14 DATED 20.1.2015 P4TRUE COPY OF THE ORDER DETAILING THE 3RD PETITIONER TO PERFORM THE DUTIES OF LASCAR ON 1.2.2015 DATED 09.1.2015 P5TRUE COPY OF THE COMMUNICATION ISSUED AT THE INSTANCE OF THE AIR HQ'S VAYU BHAVAN, NEW DELHI, WITH RELEVANT PAGES, TO THE 3RD RESPONDENT, DATED 16.2.89 RESPONDENT(S)' EXHIBITS : NIL --------------------------------------- OKB.

//TRUE COPY// P.A. TO JUDGE

THOTTATHIL B. RADHAKRISHNAN & K.HARILAL, JJ.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ O.P. (CAT) No.20 of 2015 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Dated this the 29th day of January, 2015

JUDGMENT

Thottathil B. Radhakrishnan, J.

We have heard the learned counsel for the petitioners quite in extenso. We have also heard the learned Assistant Solicitor General.

2. The impugned Ext.P3 is only an interlocutory order passed by the Tribunal, that too, to some extent, in favour of the first two applicants. The Tribunal will obviously consider the main matter, particularly regarding the issue raised by the applicants, on the creation of the Multi Tasking Staff in terms of the revised charter of duties. We think that no further interlocutory relief could have been granted by the Tribunal. We see no legal infirmity or jurisdictional error in the impugned interlocutory order warranting visitation at our hands in exercise of authority under Article 227 of the Constitution of India. Hence, leaving open all issues in the original application before the Tribunal, this original petition is dismissed. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE Sd/- K.HARILAL, JUDGE okb.