The High Court in a writ petition rejected the petitioner's claim for regularization as a casual laborer. The Court dismissed the petition noting the petitioner failed to substantiate service and had crossed the age limit. Petition was dismissed.
The writ petition was dismissed as the petitioner failed to substantiate the claim and crossed the age limit.
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 P.R.RAMACHANDRA MENON
&
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
THURSDAY, THE 9TH DAY OF JUNE 2016/19TH JYAISHTA, 1938
WP(C).No. 14911 of 2009 (S)
AGAINST THE ORDER IN OA 191/2007 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH DATED 04-04-2008
PETITIONER(S):
S. BALU, AGED 50 YEARS, S/O P. SUBHAN, EX-CASUAL LABOURER, SOUTHERN RAILWAY, PALGHAT DIVISION, RESIDING AT no. 77, BALAMBALPURAM, NORTH STREET, KAROOR TOWN, KARUR 639001, TAMIL NADU. BY ADVS.SRI.T.C.GOVINDA SWAMY
SRI.G.SHYAM RAJ
RESPONDENT(S):
R1 TO 3 BY ADV. SRI.M.C.CHERIAN,SR.SC.,RAILWAYS SRI.C.S.DIAS,SC, RAILWAYS SRI.N.B.SUNIL NATH,SC, RAILWAYS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 0906-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 14911 of 2009
APPENDIX
PETITIONERS EXHIBITS :
| EXT. | P1 : A TRUE COPY OF O.A. NO. 191/07 DATED 11TH MARCH 2007 2008 WITH ITS ANNEXURES FILED BY THE BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. |
|---|---|
| EXT. | P2 : A TRUE COPY OF THE REPLY STATEMENT DATED 02.07.2007 FILED ON BEHALF OF THE RESPONDENTS IN O.A. 191/07 |
| EXT. | P3 : A TRUE COPY OF JUDGMENT DATED 29.11.2007 IN W.P.(C) NO. 21777/07 RENDERED BY THIS HON'BLE COURT |
| EXT. | P4 : TRUE COPIES OF THE CASUAL LABOUR SERVICE CARD OF THE PETITIONER ISSUED BY THE AUTHORITY |
| EXT. | P5 : A TRUE COPY OF THE ORDER OF THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH IN O.A. NO. 191/07 DATED 4TH APRIL 2008 |
/TRUE COPY/
P.A. TO JUDGE
P.R. RAMACHANDRA MENON
&
ANIL K. NARENDRAN, JJ.
JUDGMENT
Ramachandra Menon, J.
The petitioner is stated as aggrieved of the verdict passed by the Tribunal in O.A. No. 191 of 2007, whereby the claim for regularization has been rejected as devoid of merit.
“(i) Call for the records leading to the issue of Annexure A5 and quash the same.
(ii) Declare that the applicant is entitled to be considered, reengaged and absorbed as Trackman in preference to his juniors in the live register and direct the respondents to absorb the applicant accordingly and to grant the consequential benefits from the date of absorption of the applicant's juniors as Trackman. (iii) Award costs of and incidental to this application.
(iv) Pass any other appropriate order or direction as this Hon'ble Tribunal may deem fit in the circumstances of the case.
W.P.(C) No. 14911 of 2009.
: 2 :
W.P.(C) No. 14911 of 2009.
: 3 :
prayer for regularization cannot be entertained at this stage. In the said circumstances, the writ petition stands dismissed accordingly.
Sd/-
P. R. RAMACHANDRA MENON, JUDGE
Sd/- ANIL K. NARENDRAN, JUDGE
kmd
/True copy/
P.A. To Judge
2 issues framed by the court
Whether the petitioner is eligible for regularization after completing 501 days of service given he has crossed 57 years of age.
Whether the petitioner had substantiated the claim of minimum eligibility requirement before the Tribunal.
S. Balu
Union of India
P.R. Ramachandra Menon
Anil K. Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
