LAWS(KER)-2017-1-118

SUKUMARAN NAIR Vs. SUPERINTENDENT, RMS CT DIVISION

Decided On January 10, 2017
SUKUMARAN NAIR Appellant
V/S
Superintendent, Rms Ct Division Respondents

JUDGEMENT

(1.) This original petition is directed against Ext.P3 order dated 4.10.2016 in M.A. No.1087 of 2016 in O.A.No.180/00831/2016 and Ext.P8 order dated 3.11.2016 in R.A. Nos.60 & 61 of 2016 in the said O.A, passed by the Central Administrative Tribunal, Ernakulam Bench. As per Ext.P3 order, the prayer of the petitioners for joining together to file the O.A in terms of the provisions under Rule 4(5)(a) of the Central Administrative Tribunal (Procedure) Rules, 1987 (for short the 'Rules') was declined and consequently, the O.A was closed. It was observed therein that they could file separate applications. They sought for review of Ext.P3 order by filing R.A. Nos.60 and 61 of 2016. In fact, R.A. No.60 of 2016 was filed to review and recall the order in O.A.No.180/00831/2016 and to post it for admission ex debito justitiae. R.A.No.61 of 2016 was filed to review and recall order dated 4.10.2016 in M.A. No.1087/2016 and to allow it. The said review applications were dismissed as per Ext.P8 order. It is in the said circumstances that the captioned original petition has been filed mounting challenge against Exts.P3 and P8 orders.

(2.) For a proper consideration of the original petition, it is only proper and profitable to refer to Rule 4(5)(a) of the Rules. It reads thus:-

(3.) A bare perusal of the said rule would reveal that in order to grant permission for joining together to file a single application having regard to the cause and the nature of the relief prayed for, they must have a common interest in the subject matter.