J U D G M E N T

The prayers in the afore captioned Original Petition (CAT) filed under Articles 226 & 227 of the Constitution of India are as follows: {See page 9 of the paper book of this OP(CAT)}

“

i.

An order setting aside Ext.P3 order passed by the Central

Administrative Tribunal, Ernakulam Bench on 23.09.2020 in

O.A.No.690/2019;

ii.

An order directing the respondents 1 to 3 to promote the petitioners

as Agricultural Supervisors on the basis of their seniority in

Annexure R1(a) to R1(c) common seniority list;

iii.

Any other appropriate order or direction as this Hon'ble Court may deem fit on the facts and in the circumstances of the case and allow

this petition with all costs.”

2. Heard Sri.K.B.Gangesh, learned counsel appearing for the petitioners in the O.P. (contesting respondents 4 to 11 in the O.A. before the Tribunal), Sri.S.Manu, learned Senior Central Government Standing Counsel for the Administration of the Union Territory of Lakshadweep appearing for official respondents 1 to 3 herein (respondents 1 to 3 in the O.A. before the Tribunal) and Sri.Shaji Thomas, learned counsel appearing for contesting respondents 4 to 11 in the O.P. (applicants in the O.A. before the Tribunal).

3. The prayers in Ext.P-1 Original Application O.A. No. 181/00690/2019 filed by respondents 4 to 11 herein, before the Central Administrative Tribunal, Ernakulam Bench, are as follows: {See pages 25 & 26 of the paper book of this OP(CAT)}

“

i. to declare that the Agricultural Field Man under the Department of Agriculture and having 8 years regular service alone are qualified and entitled to be considered for promotion to the post of Agricultural Supervisor in the Department of Agriculture as per Ann.A4 Recruitment Rules and that persons who were appointed as Social Forestry Field Man and employed in the Department of Environment & Forest are not qualified and entitled to be considered for promotion to the post of Agricultural Supervisor in the Department of Agriculture;

ii. a direction to respondents 1 to 3 to consider the applicants for promotion to the vacant post of Agricultural Supervisor in the Department of Agricultural as per their seniority in the seniority list;

iii. a direction to respondents 1 to 3 not to consider or promote respondents 4 to 11 to the vacant post of Agricultural Supervisor in the Department of Agriculture;

iv. to issue such other appropriate orders or directions in this Hon'ble Tribunal may deem fit, just and proper in the circumstances of the case; and/or v. to grant the costs of this Original Application.”

4. The Tribunal after hearing the original applicants as well as the official respondents 1 to 3 has rendered the impugned

Ext.P-3 final order dated 23.9.2020 whereby it has been declared that the Social Forestry Field personnel like the contesting respondents 4 to 11 in the O.A./ petitioners herein are not eligible for promotion to the post of Agriculture Supervisor as per the Recruitment Rules and that the contesting respondents 4 to 11 in the O.A./petitioners herein are not entitled to get promotion to the post of Agriculture Supervisors, as claimed by them.

5. It is common ground that the petitioners herein (contesting respondents 4 to 11 in the O.A. before the Tribunal) had not entered appearance before the Tribunal and that the impugned Ext.P-3 final order has been rendered by the Tribunal without affording reasonable opportunity of being heard to them.

6. It is pointed by Sri.K.B.Gangesh, learned counsel appearing for the petitioners herein (contesting respondents 4 to 11 in the O.A. before the Tribunal) that though the said parties were served with notices in the O.A. issued by the Tribunal, they did not have sufficient time to contact each other and then to engage a lawyer of their choice, more so particularly due to COVID-19 pandemic issues and further, the fact that the peti