The Court dismissed this writ petition (WP(C) 5453/2009) against an order of the Central Administrative Tribunal, holding that the issues were already covered and decided in a previous judgment (WP (C) No.18040/2007).
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN &
THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH
THURSDAY, THE 1ST DAY OF AUGUST 2013/10TH SRAVANA, 1935
WP(C).No. 5453 of 2009 (Z)
AGAINST THE ORDER/JUDGMENT IN OA 706/2007 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH DATED 12-11-2008
PETITIONER(S):
1. UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES
2. THE SECRETARY,
3. THE GENERAL MANAGER,
4. THE SENIOR DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, PALGHAT DIVISION, PALGHAT.
RESPONDENT(S):
1. C. VALSALA W/O. LATE P.A. RAMAKRISHNAN, PARATHODE HOUSE KOTTA CHANDA, PARUTHIPULLY.P.O, PALAKKAD.
2. RATNA KUMARI, W/O. LATE C. VISWANATHAN, KIZHAKKAMPURAM, MANNAR PALAKKAD.
3. RADHA, W/O. LATE K. VELAYUDHAN, PULIKKAL HOUSE CHERUKULAM.P.O, KOTTAYI, PALAKKAD.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-08-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) 5453/08
APPENDIX
PETITIONERS' EXHIBITS
P4 : COPY OF ORDER DATED 12.11.2008 OF CAT, ERNAKULAM IN O.A.NO.706 OF 2007.
//TRUE COPY//
PA TO JUDGE.
jg
THOTTATHIL B.RADHAKRISHNAN & BABU MATHEW P.JOSEPH, JJ.
WP(C) No.5453 of 2009
Dated this the 1st day of August, 2013.
J U D G M E N T
Thottathil B.Radhakrishnan, J.
The issues raised in this writ petition are covered against the establishment as per the judgment dated 09.03.2012 in WP (C) No.18040 of 2004 & connected cases. Following the
aforesaid judgment, we dismiss this writ petition.
Sd/(THOTTATHIL B.RADHAKRISHNAN, JUDGE)
Sd/(BABU MATHEW P. JOSEPH, JUDGE)
The case number “W.P.(C) No.18040 of 2004” occurring in line 3 of the judgment dated 1.8.2013 in W.P.(C) No.5453/2009 is corrected as “W.P.(C) No.18040/2007”, as per order dated 28.01.2014 in I.A.No.13876/13 in W.P.(C) No.5453/2009.
Sd/-
Registrar (Judicial)
jg
2 issues framed by the court
Whether to allow the writ petition challenging the order of the Central Administrative Tribunal in OA 706/2007.
Whether the issue is covered against the establishment as per the judgment in WP (C) No.18040 of 2004.
Colour shows how this judgement treated each authority
WP (C) No.18040 of 2004Followed¶40
WP (C) No.18040 of 2004 & connected cases
OA 706/2007 of CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAMReversed
Union of India Represented by the Secretary, Ministry of Personnel, Public Grievances and Pension, Department of Pension and Pensioners' Welfare
The Secretary, Railway Board
The General Manager, Southern Railway
The Senior Divisional Personnel Officer, Southern Railway
C. Valsala W/o. Late P.A. Ramakrishnan
Ratna Kumari W/o. Late C. Viswanathan
Thottathil B. Radhakrishnan
Babu Mathew P. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Thottathil B. Radhakrishnan and Babu Mathew P. Joseph
Parties & counsel
