Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS & THE HONOURABLE MR.JUSTICE VIJU ABRAHAM THURSDAY, THE 20TH DAY OF JANUARY 2022 / 30TH POUSHA, 1943 AGAINST THE ORDER/JUDGMENT IN OA 675/2016 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH PETITIONERS: 1 THE CHIEF POSTMASTER GENERAL TRIVANDRUM KERALA CIRCLE, TRIVANDRUM- 695 033 2 THE SUPERINTENDENT OF POST OFFICE MANERI DIVISION, MANJERI- 676 121 BY ADVS. ASSISTANT SOLICITOR GENERAL SRI.T.V.VINU, CGC RESPONDENT: A.SUNITHA AGED 38 YEARS,W/O.UNNIKRISHNAN, GDSMD CHERAKKAPARAMBA,ANGADIPPURAM VIA, MANJERI DIVISION, RESIDING AT "KOLLAMTHODY VEEDU", KIZHATTUR.P.OMALAPPURAM DISTRICT- 679 325 BY ADV. SRI.M.A.SHAFIK, COUNSEL FOR THE RESPONDENT THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 20.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ALEXANDER THOMAS & VIJU ABRAHAM, JJ. =================================== OP(CAT) No.212 of 2017 (arising out of Ext.P4 order in OA No.675/2016 dated 09.03.2017 of the CAT, EKM Bench) ========================================= Dated this the 20th of January, 2022
JUDGMENT
Alexander Thomas, J.
The sole respondent herein has filed the instant Ext.P1 Original Application, OA No.675/2016 before the Central Administrative Tribunal, Ernakulam Bench with the following prayers. “(i) To call for the records leading to Annexure A1 to A6 and to declare that the applicant is entitled for transfer to the post of GDSBPM Valambur as per Rules and connected instructions.
(ii) To quash A-1 and A-2 being illegal and arbitrary.
(iii) To direct the respondents to immediately consider and allow the transfer of the applicant to the post of GDSBPM Valambur before recruitment from open market.
(iv) To grant such other reliefs which this Hon'ble Tribunal may deem fit, proper and just in the circumstances of the case.”
2. The Tribunal after hearing both sides has rendered the
impugned Ext.P4 final order dated 09.03.2017 in the instant OA No.675/2016, whereby it has been ordered that the respondents in the OA will pass appropriate orders allowing the request of the Original Applicant for transfer from the post of GDS, BPM, Techinganadam to the post of GDS BPM (Gramin Dak Sevak Branch Post Master), Valambur, within one month. Aggrieved by the said direction contained in Ext.P4 verdict, the respondents in the OA has preferred the instant Original petition under Articles 226 and 227 of the Constitution of India with the following prayer.
“This Central Administrative Court may be pleased to set aside Ext.P4 Order in OA No.675/2016 dated 09.03.2017 of the Central Administrative Tribunal, Ernakulam Bench, in the interest of justice, equity and good conscience.”
3. Heard Sri.T.V.Vinu, learned Counsel appearing for the
petitioners in the OP/respondents in the OA and Sri.M.A.Shafeek, learned Counsel appearing for the sole respondent in the OP/sole applicant in the OA before the Tribunal. Today, when the matter was taken up for final hearing, both Sri.T.V.Vinu, learned Central Government Counsel appearing for the petitioners in the OP would submit on the basis of instructions from their respective parties, that subsequent to the issuance of Ext.P4 final verdict of the Tribunal in the instant OA, and during the pendency of the above present Original Petition, the Original Applicant had made a request for transfer from the post of GDS MD, Chirakkaparamba, to the post of GDS Mail Carrier, Melattur and the petitioners in the OP/respondents in the OA had allowed the request as per memo No.B3/GDS/Transfer/II dated 12.01.2022 and accordingly the Original Applicant had assumed charge on 17.01.2022 and that therefore nothing survives in the matters raised in the present OA filed before the Tribunal. Hence in view of the changed circumstances due to subsequent developments, there is no necessity for us to adjudicate on the issues arising out of the present OA. Suffice to say, that the matters in issue raised in the OA has become infructuous and it is also ordered that since the Original Applicant has also accepted the subsequent transfer given to her, to which post she has assumed charge on 17.01.2022, the impugned verdict of the Tribunal will not be enforced. No serious objections are raised to rebut the correctness of the above said submission made by the learned Central Government Counsel. With these observations and directions, the above Original Petition will stand finally disposed of. Sd/- ALEXANDER THOMAS JUDGE Sd/- VIJU ABRAHAM JUDGE Nsd //TRUE COPY// PA TO JUDGE APPENDIX OF OP (CAT) 212/2017 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE ORDER NO ST/120/MJ-15/2016 DATED 22.7.2016 ISSUED BY THE APMG OF THE 1ST RESPONDENT IN OA ANNEXURE A2 TRUE COPY OF THE MEMO NO B3/331/VALAMBUR DATED 13.11.2015 ISSUED BY THE 2ND RESPONDENT ANNEXURE A3 TRUE COPY OF THE TRANSFER REQUEST DATED 10.5.2015 SUBMITTED BEFORE THE 1ST RESPONDENT ANNEXURE A4 TRUE COPY OF THE REPRESENTATION DATED 8.1.2016 BEFORE THE 1ST RESPONDENT ANNEXURE A5 TRUE COPY OF THE REPRESENTATION DATED 28.4.2016 BEFORE THE 1ST RESPONDENT ANNEXURE A6 TRUE COPY OF THE ORDER DATED 11.5.2016 OF THIS HON'BLE TRIBUNAL IN OA NO 372/2016 EXHIBIT P1 TRUE COPY OF OA NO 180/00675/2016 DATED 01.08.2016 FILED BY THE RESPONDENT BEFORE THE CAT,ERNKULAM BENCH. EXHIBIT P2 TRUE COPY OF THE REPLY AFFIDAVIT DATED 19.9.2016 FILED BY THE PETITIONERS EXHIBIT P3 TRUE COPY OF THE REJOINDER DATED 10.12.2016 FILED BY THE RESPONDENT EXHIBIT P4 TRUE COPY OF THE ORDER DATED 9.3.2017 IN OA NO. 180/00675/2016 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. RESPONDENT ANNEXURES ANNEXURE R1 TRUE COPY OF LETTER NO ST/120/MJ1-9/2015 DATED 28.12.2015 ANNEXURE R2 TRUE COPY OF LETTER NO ST/120/MJ-15/2016 DATED 21.3.2016 ANNEXURE R3 TRUE COPY OF THE NOTIFICATION FOR REGULAR ENGAGEMENT NO B3/331/VALAMBUR DATED 13.11.2015 OF SP, MANJERI ANNEXURE R4 A TRUE COPY OF APPOINTMENT ORDER NO GDSMD /CHERAKKAPARAMBA/VOL-II DATED 19.4.2012 ANNEXURE R5 TRUE COPY OF THE MARRIAGE CERTIFICATE SUBMITTED BY THE APPLICANT ANNEXURE R6 TRUE COPY OF DIRECTORATE LETTER NO 19- ANNEXURE R7 A TRUE COPY OF LETTER NO STAFF/23/6/2014 DATED 7.1.2016 ANNEXURE R8 A TRUE COPY OF LETTER NO B3/GDS/TRANSER/X1 DATED 1.2.2016 ANNEXURE R9 TRUE COPY OF OA NO 180/00372/2016 DATED 10.5.2016