CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH Review Application No.180/0019/2024 in Original Application No.180/00604/2023 Thursday, this the 9^rd day of January, 2025 CORAM:

HON'BLE Mr. JUSTICE K.HARIPAL, JUDICIAL MEMBER HON'BLE Mrs. V.RAMA MATHEW, ADMINISTRATIVE MEMBER

1. Union of India, Rep. by the Secretary (Posts), Ministry of Communications & IT, Department of Posts, Dak Bhawan, Sansad Marg, New Delhi-110 001

2. The Director General (Posts), Ministry of Communications & IT, Department of Posts, Dak Bhawan, Sansad Marg, New Delhi-110 001

3. The Assistant Director General (SPG), Ministry of Communications & IT, Department of Posts, Dak Bhawan, Sansad Marg, New Delhi-110 001

4. The Assistant Director General (DE) Ministry of Communications & IT, Department of Posts, Dak Bhawan, Sansad Marg, New Delhi-110 001

5. The Director (DE) Ministry of Communications & IT, Department of Posts, Dak Bhawan, Sansad Marg, New Delhi-110 001

6. The Secretary, Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pension, North Block, Central Secretariat, New Delhi-110001

7. The Chief Postmaster General, Kerala Postal Circle, Thiruvananthapuram-695 033.

-Review Applicants/Respondents inO.A. [By Advocate: Smt.O.M.Shalina SCGSC]

Versus

1. Sankar N.S., Aged 37 years, S/o N Sivan, Devadhwani, Sankarapuram, Mulagunnathukavu, Thrissur-680581, Presently working as Manager, Speed post Centre, Thrissur- 680001

2. Hemalatha, Aged 46 years, D/o Radhakrishnan N, 33/938, JKS 119, Narayaneeyam, Perumbhotta Road, Elamakkara 682026, Presently working as ASPM Edapally, (HSG II) Edapally, Ernakulam division.

3. Resmabindu C. P., Aged 52 years, D/o Papputty C P, Pachambill House, Pudurkkara, Ayyanthole, Thrissur 680003, Presently working as HSG II, APM Accounts, Thrissur HO-680001

4. Manoj K., Aged 41 years, S/o Mohan C Nair, Sreelakam, Kidangodi, Kanjikode West, 678623, Presently working as Postmaster HSG II, Coyalmanna SO, Palakkad Division - Respondents/Applicants in O.A. [By Advocate: Smt. R.Leela]

The application having been heard on 06.12.2024, the Tribunal on

09.01.2025 delivered the following:

O R D E R

Justice K.Haripal This is a Review Application filed by the respondents in the Original Application seeking to review the order dated 27.09.2024 in the Original Application.

2. The crux of the arguments of the Review Applicants/respondents in the Original Application is that at the time of final hearing of the O.A., copy of order of Bangalore Bench of this Tribunal - Annexure-RA2 in OA 632/2023 was placed before this Tribunal. But the Court failed to make mention about the said decision, nor relied on it and allowed the O.A. taking a contra view. According to the Review Applicants, it is a decision of a co-ordinate Bench of equal strength, whereunder the O.A. seeking self same relief was dismissed by the Bangalore Bench. Challenge in both the O.A. was one and the same. This Tribunal which is a subsequent co-ordinate Bench of equal strength, instead of taking a contra view should have referred the matter to a larger bench as held by Hon'ble Supreme Court in Union of India & others v. S.K.Kapoor [(2011) 4 SCC 589]. That has resulted in rendering two decisions of co-ordinate Benches of equal strength on the same set of facts.

3. According to the petitioners, such contradictory decisions have pan-India applicability. Moreover, such conflicting views by co- ordinate Benches have resulted in dichotomous situation. Therefore, if results are declared as directed by this Tribunal, in the backdrop of the decision of the Bangalore Bench, it may result in further complications.

4. The respondents in the Review Applicants, who are the Original Applicants have disputed the contentions and sought for dismissing the Review Application. According to them, in pursuance to the order passed by this Tribunal, the official respondents in the Original Application have circulated a draft Recruitment Rules for PS Group-B cadre inviting comments from the stakeholders. A