Allowed

Union of India v. Jansiram Meena

Kerala HC8 Nov 2018OP (CAT)/26/2018

Case brief

AI extract

What is this about?

The High Court disposed of multiple original petitions challenging the Central Administrative Tribunal's order directing immediate transfer of railway employees. The Court granted the railway administration six months to implement the transfers due to safety concerns and staff shortages.

What did the court decide?

Six months time granted to petitioners to implement transfer orders of 33 employees.

Union of India Vs Jansiram Meena — Public Procurement and Tenders | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR

¶4

¶5

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6

THURSDAY ,THE 08TH DAY OF NOVEMBER 2018 / 17TH KARTHIKA, 1940

¶7

OP (CAT).No. 26 of 2018

¶8

AGAINST THE COMMON ORDER IN OA No.180/00576/2017 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH DATED 2112-2017

¶9

PETITIONERS:

¶10

1 UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER,SOUTHERN RAILWAY, HEADQUARTERS OFFICE,PARK TOWN P.O, CHENNAI -600 003.

¶11

2 THE CHIEF PERSONNAL OFFICER SOUTHERN RAILWAY, HEADQUARTERS OFFICE,PARK TOWN P.O, CHENNAI -600 003.

¶12

3 THE GENERAL MANAGER NORTH WESTERN RAILWAY, HEADQUARTERS,JAIPUR -302 001, RAJASTHAN.

¶13

4 THE DIVISIONAL RAILWAY MANAGER NORTH WESTERN RAILWAY, JAIPUR,JAIPUR -302 001, RAJASTHAN.

¶14

5 THE SR. DIVISIONAL PERSONNEL OFFICER SOUTHERN RAILWAY, PALGHAT DIVISION,PALGHAT - 678 002.

¶15

BY ADVS. SMT.ASHA CHERIAN, SC, RAILWAYS SMT.SUMATHY DANDAPANI(SR)

¶16

OP(CAT)Nos.26, 27, 29, 30, 31, 32 & 33 OF 2018 2

¶17

RESPONDENTS: JANSIRAM MEENA,S/O.GOVARDHAN MEENA, TRACK MAINTAINER II, OFFICE OF THE SENIOR SECTION ENGINEER, PERMANENT WAY,SOUTHERN RAILWAY, QUILANDY R.S. & P.O.,PIN-673 305, PERMANENT ADDRESS:DEKWA VILLAGE & POST,SWAMI MADHAPUR TAHIL & DISTRICT,RAJASTHAN - 322 001.

¶18

BY ADVS. SRI.T.C.GOVINDA SWAMY SMT.KALA T.GOPI

¶19

THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 08.11.2018, ALONG WITH OP (CAT).33/2018, OP (CAT).32/2018, OP (CAT).31/2018, OP (CAT).30/2018, OP (CAT).29/2018, OP (CAT).27/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶20

OP(CAT)Nos.26, 27, 29, 30, 31, 32 & 33 OF 2018 3

¶21

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶22

PRESENT

¶23

THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR

¶24

¶25

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶26

THURSDAY ,THE 08TH DAY OF NOVEMBER 2018 / 17TH KARTHIKA, 1940

¶27

OP (CAT).No. 33 of 2018

¶28

AGAINST THE COMMON ORDER IN OA No.180/00291/2017 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH

¶29

PETITIONERS:

¶30

1 UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK TOWN P.O., CHENNAI - 600 003.

¶31

2 THE CHIEF PERSONNEL OFFICER SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK TOWN P.O., CHENNAI - 600 003.

¶32

3 THE GENERAL MANAGER, NORTH WESTERN RAILWAY, HEADQUARTERS, JAIPUR - 302001, RAJASTHAN.

¶33

4 THE DIVISIONAL RAILWAY MANAGER NORTH WESTERN RAILWAY, JAIPUR DIVISION,JAIPUR-302001, RAJASTHAN.

¶34

5 THE SR. DIVISIONAL PERSONNEL OFFICER SOUTHERN RAILWAY, PALGHAT DIVISION, PALGHAT -678 002.

¶35

BY ADV. SMT.ASHA CHERIAN, SC, RAILWAYS SMT.SUMATHY DANDAPANI (SR)

¶36

OP(CAT)Nos.26, 27, 29, 30, 31, 32 & 33 OF 2018 4

¶37

RESPONDENTS:

¶38

1 UDAISINGH MEENA, S/O RAM BHARASEEN MEENA, TRACK MAINTAINER II, OFFICE OF THE SENIOR SECTION ENGINEER, PERMANENT WAY,SOUTHERN RAILWAY, QUILANDY R.S. & P.O., PIN - 673 305, PERMANENT ADDRESS : MEEN BHASTI, SHAHARAKAR VILLAGE & POST, TODABHIN TAHIL, KARAULI DISTRICT, RAJASTHAN - 303 315.

¶39

2 HAJARILAL MEENA, S/O CHUTTEN LAL MEENA, TECHNICIAN, SMART TRACK MACHINE, OFFICE OF THE SENIOR SECTION ENGINEER, PERMANENT WAY, SOUTHERN RAILWAY, KANNUR R.S. & P.O. PERMANENT ADDRESS : KHARKADA VILLAGE, THANA POST, RAJGARH TAHIL, ALWAR DISTRICT, RAJASTHAN - 301 408.

¶40

BY ADVS. SRI.T.C.GOVINDA SWAMY SMT.KALA T.GOPI

¶41

THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 08.11.2018, ALONG WITH OP (CAT).32/2018, OP (CAT).31/2018, OP (CAT).30/2018, OP (CAT).29/2018, OP (CAT).27/2018, OP (CAT).26/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶42

OP(CAT)Nos.26, 27, 29, 30, 31, 32 & 33 OF 2018 5

¶43

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶44

PRESENT

¶45

THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR

¶46

¶47

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶48

THURSDAY,THE 08TH DAY OF NOVEMBER 2018 / 17TH KARTHIKA, 1940

¶49

OP (CAT).No. 32 of 2018

¶50

AGAINST THE COMMON ORDER IN OA No.180/00264/2017 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH

¶51

PETITIONERS:

¶52

1 UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY,HEADQUARTERS OFFICE, PARK TOWN P.O CHENNAI - 600 003.

¶53

2 THE CHIEF PERSONNEL OFFICER SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK TOWN P.O,CHENNAI - 600 003.

¶54

3 THE GENERAL MANAGER

¶55

NORTH WESTERN RAILWAY,HEADQUARTERS,JAIPUR-302 001, RAJASTHAN.

¶56

4 THE DIVISIONAL RAILWAY MANAGER, NORTH WESTERN RAILWAY, JAIPUR DIVISION, JAIPUR - 302 001,RAJASTHAN.

¶57

5 THE SR. DIVISIONAL PERSONNEL OFFICER SOUTHERN RAILWAY, PALGHAT DIVISION, PALGHAT - 678 002.

¶58

BY ADV. SMT.ASHA CHERIAN, SC, RAILWAYS SMT.SUMATHY DANDAPANI (SR)

¶59

RESPONDENTS:

¶60

1 KAILASH CHAND MEENA,

¶61

S/O. LALA RAM MEENA, TRACK MAINTAINER III, OFFICE OF THE SENIOR SECTION ENGINEER, PERMANENT WAY, SOUTHERN RAILWAY,KASARGODE R.S & P.O, PERMANENT ADDRESS: LALGARH VILLAGE & POST, JAIPUR DISTRICT, RAJASTHAN - 303 301.

¶62

OP(CAT)Nos.26, 27, 29, 30, 31, 32 & 33 OF 2018 6

¶63

2 MANOJ KUMAR MEENA S/O. MUNSHI RAM MEENA, TRACK MAINTAINER III,OFFICE OF THE SENIOR SECTION ENGINEER, PERMANENT WAY, SOUTHERN RAILWAY,KASARGODE R.S & P.O, PERMANENT ADDRESS:DULAWA VILLAGE, PUNDARAPURA POST, DAUSA DISTRICT, RAJASTHAN - 303 509.

¶64

3 PRAKASH CHAND MEENA S/O. SABLAL MEENA, TRACK MAINTAINER II,OFFICE OF THE SENIOR SECTION ENGINEER, PERMANENT WAY, SOUTHERN RAILWAY,KASARGODE R.S & P.O, PERMANENT ADDRESS:MEENA THIKKAR VILLAGE & POST, SUNDERY POST, SAWAI MADHOPUR DISTRICT, RAJASTHAN - 322 214.

¶65

4 MUTHRESH MEENA S/O. GUTTIRAM MEENA, TRACK MAINTAINER II,OFFICE OF THE SENIOR SECTION ENGINEER, PERMANENT WAY, SOUTHERN RAILWAY,KASARGODE R.S & P.O, PERMANENT ADDRESS:AGAWALI VILLAGE, GANDARAWA POST, DAUSA DISTRICT, RAJASTHAN - 303 501.

¶66

5 BABULAL MEENA,

¶67

S/O. LAXMAN PRASAD MEENA, TRACK MAINTAINER II,OFFICE OF THE SENIOR SECTION ENGINEER, PERMANENT WAY, SOUTHERN RAILWAY,KASARGODE R.S & P.O., PERMANENT ADDRESS:KALAKHO VILLAGE & POST, DAUSA DISTRICT, RAJASTHAN - 303 501.

¶68

6 BAHADUR SINGH MEENA S/O. GHANTOLI RAM MEENA, TRACK MAINTAINER II,OFFICE OF THE SENIOR SECTION ENGINEER, PERMANENT WAY, SOUTHERN RAILWAY,MANGLORE CENTRAL R.S, MANGALORE PERMANENT ADDRESS:KARODI VILLAGE & POST, DAUSA DISTRICT, RAJASTHAN - 303 501.

¶69

BY ADVS. SRI.T.C.GOVINDA SWAMY SMT.KALA T.GOPI

¶70

THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 08.11.2018, ALONG WITH OP (CAT).33/2018, OP (CAT).31/2018, OP (CAT).30/2018, OP (CAT).29/2018, OP (CAT).27/2018, OP (CAT).26/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶71

OP(CAT)Nos.26, 27, 29, 30, 31, 32 & 33 OF 2018 7

¶72

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶73

PRESENT

¶74

THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR

¶75

¶76

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶77

THURSDAY ,THE 08TH DAY OF NOVEMBER 2018 / 17TH KARTHIKA, 1940

¶78

OP (CAT).No. 31 of 2018

¶79

AGAINST THE COMMON ORDER IN OA 180/00332/2017 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH

¶80

PETITIONERS:

¶81

1 UNION OF INDIA

¶82

REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY,HEADQUARTERS OFFICE, PARK TOWN P.O.,CHENNAI600 003.

¶83

2 THE CHIEF PERSONNEL OFFICER, SOUTHERN RAILWAY, HEADQUARTERS OFFICE,PARK TOWN P.O., CHENNAI-600 003.

¶84

3 THE GENERAL MANAGER NORTH WESTERN RAILWAY,HEADQUARTERS, JAIPUR-302 001, RAJASTHAN.

¶85

4 THE DIVISIONAL RAILWAY MANAGER, NORTH WESTERN RAILWAY, JAIPUR DIVISION, JAIPUR-302 001, RAJASTHAN.

¶86

5 THE SR. DIVISIONAL PERSONNEL OFFICER SOUTHERN RAILWAY, PALAGHAT DIVISION,PALGHAT-678 002.

¶87

BY ADVS. SMT.SUMATHY DANDAPANI (SR.) SMT.ASHA CHERIAN SC RAILWAYS

¶88

OP(CAT)Nos.26, 27, 29, 30, 31, 32 & 33 OF 2018 8

¶89

RESPONDENTS:

¶90

1 RAM KISHAN MAHAWAR, S/O. GANGA RAM MAHAWAR, TRACK MAINTAINER III,OFFICE OF THE SENIIOR SECTION ENGINEER/KASARGODE,SOUTHERN RAILWAY, PALAKKAD DIVISION,PERMANENT ADDRESS:31, KOLIPADA, THIKARIYA,BADAGAW, ALOODA, DAUSA, RAJASTHAN-303 303.

¶91

2 SURESH CHAND MEENA

¶92

S/O BABULAL MEENA, TRACK MAINTAINER-III,OFFIE OF THE SENIOR SECTION ENGINEER,MANGLORE CENTRAL, SOUTHERN RAILWAY,PALAKKAD DIVISION, PERMANENT ADDRESS:,GHATDA VILLAGE, TODA JAISINGH PURA,DARIBA PROJECT, ALWAR, RAJGARH, RAJASTHAN-301 410.

¶93

3 DEEPA RAM MEENA S/O BHOLU RAM MEENA, TRACK MAINTAINER-III,OFFICE OF THE SENIOR SECTION ENGINEER,MANGLORE CENTRAL, SOUTHERN RAILWAY, PALAKKAD DIVISION,PERMANENT ADDRESS:BASARI KHURD VILLAGE,DOODWA POST, SIKAR, RAJASTHAN-332 406.

¶94

BY ADVS.

¶95

SRI.M.ALFRED LIONEL WINSTON SMT.KALA T.GOPI SRI.T.C.GOVINDA SWAMY

¶96

THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 08.11.2018, ALONG WITH OP (CAT).33/2018, OP (CAT).32/2018, OP (CAT).30/2018, OP (CAT).29/2018, OP (CAT).27/2018, OP (CAT).26/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶97

OP(CAT)Nos.26, 27, 29, 30, 31, 32 & 33 OF 2018 9

¶98

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶99

PRESENT

¶100

THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR

¶101

¶102

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶103

THURSDAY ,THE 08TH DAY OF NOVEMBER 2018 / 17TH KARTHIKA, 1940

¶104

OP (CAT).No. 30 of 2018

¶105

AGAINST THE COMMON ORDER IN OA No.180/00356/2017 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH

¶106

PETITIONERS:

¶107

1 UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER,SOUTHERN RAILWAY,HEADQUARTERS OFFICE, PARK TOWN.P.O., CHENNAI600 003

¶108

2 THE CHIEF PERSONNEL OFFICER SOUTHERN RAILWAY,HEADQUARTERS OFFICE, PARK TOWN.P.O., CHENNAI- 600 003.

¶109

3 THE GENERAL MANAGER, WEST CENTRAL RAILWAY,OPPOSITE: INDIRA MARKET,JABALPUR- 482 068, MADHYA PRADESH

¶110

4 THE DIVISIONAL RAILWAY MANAGER, WEST CENTRAL RAILWAY, KOTA DIVISION,KOTA, RAJASTHAN324 001

¶111

5 THE SR. DIVISIONAL PERSONNEL OFFICER SOUTHERN RAILWAY, PALAGHAT DIVISION,PALAGHAT- 678 002

¶112

BY ADVS.

¶113

SMT.SUMATHY DANDAPANI (SR.) SMT.ASHA CHERIAN SC RAILWAYS

¶114

OP(CAT)Nos.26, 27, 29, 30, 31, 32 & 33 OF 2018 10

¶115

RESPONDENTS:

¶116

1 BRAG LAL MEENA, S/O. LAXMAN LAL MEENA,TRACK MAINTAINER II,OFFICE OF THE SENIOR SECTION ENGINEER/PERMANENT WAY/KASARGODE SECTION. SOUTHERN RAILWAY, PALAGHAT DIVISION PERMANENT ADDRESS: GARHIKHERA.P.O., NADOLI TALUK,KARAULI DISTRICT, RAJASTHAN- 322 215.

¶117

2 MANMOHAN MEENA, S/O. RAJA RAM MEENA,TRACK MAINTAINER II, OFFICE OF THE SENIOR SECTION ENGINEER/PERMANENT WAY, KASARGODE SECTION,SOUTHERN RAILWAY,PALGHAT DIVISION. PERMANENT ADDRESS:SISOLA POST,MAHAVEERAPURA,BUNDI DISTRICT, RAJASTHAN- 323 801.

¶118

BY ADVS. SRI.T.C.GOVINDA SWAMY SMT.KALA T.GOPI

¶119

THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 08.11.2018, ALONG WITH OP (CAT).33/2018, OP (CAT).32/2018, OP (CAT).31/2018, OP (CAT).29/2018, OP (CAT).27/2018, OP (CAT).26/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶120

OP(CAT)Nos.26, 27, 29, 30, 31, 32 & 33 OF 2018 11

¶121

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶122

PRESENT

¶123

THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR

¶124

¶125

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶126

THURSDAY ,THE 08TH DAY OF NOVEMBER 2018 / 17TH KARTHIKA, 1940

¶127

OP (CAT).No. 29 of 2018

¶128

AGAINST THE COMMON ORDER IN OA NO.180/00274/2017 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH DATED 21-12-2017

¶129

PETITIONERS:

¶130

1 UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY,HEADQUARTERS OFFICE, PARK TOWN P.O,CHENNAI 600 003

¶131

2 THE CHIEF PERSONNEL OFFICER, SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK TOWN P.O, CHENNAI- 600 003

¶132

3 THE GENERAL MANAGER, NORTH WESTERN RAILWAY,HEADQUARTERS, JAIPUR 302 001 RAJASTHAN

¶133

4 THE DIVISIONAL RAILWAY MANAGER NORTH WESTERN RAILWAY,JAIPUR,JAIPUR-302 001, RAJASTHAN

¶134

5 THE SR. DIVISIONAL PERSONNEL OFFICER SOUTHERN RAILWAY,PALGHAT DIVISION,PALGAHT- 678 002

¶135

BY ADV. SMT.ASHA CHERIAN, SC, RAILWAYS SMT.SUMATHY DANDAPANI (SR)

¶136

OP(CAT)Nos.26, 27, 29, 30, 31, 32 & 33 OF 2018 12

¶137

RESPONDENT:

¶138

MAHESH CHAND MEENA, S/O. RAMJI LAL MEENA, TRACK MAINTAINEER III, OFFICE OF THE SENIOR SECTION ENGINEER,PERMANENT WAY,SOUTHERN RAILWAY, MANGLORE CENTRAL R.S & P.O, PERMANENT ADDRESS: CHEEMAPURA VILLAGE,MOONDIYA POST, RENI TALUK, ALWAYS DISTRICT, RAJASTHAN - 301 409

¶139

BY ADVS. SRI.M.ALFRED LIONEL WINSTON SMT.KALA T.GOPI SRI.T.C.GOVINDA SWAMY

¶140

THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 08.11.2018, ALONG WITH OP (CAT).33/2018, OP (CAT).32/2018, OP (CAT).31/2018, OP (CAT).30/2018, OP (CAT).27/2018, OP (CAT).26/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶141

OP(CAT)Nos.26, 27, 29, 30, 31, 32 & 33 OF 2018 13

¶142

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶143

PRESENT

¶144

THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR

¶145

¶146

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶147

THURSDAY ,THE 08TH DAY OF NOVEMBER 2018 / 17TH KARTHIKA, 1940

¶148

OP (CAT).No. 27 of 2018

¶149

AGAINST THE COMMON ORDER IN OA NO.180/00277/2017 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH DATED 21-12-2017

¶150

PETITIONERS:

¶151

1 UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER,SOUTHERN RAILWAY,HEADQUARTERS OFFICE,PARK TOWN.P.O,CHENNAI600003.

¶152

2 THE CHIEF PERSONNEL OFFICER, SOUTHERN RAILWAY,HEADQUARTERS OFFICE,PARK TOWN.P.O,CHENNAI-600003.

¶153

3 THE GENERAL MANAGER NORTH WESTERN RAILWAY,HEADQUARTERS,JAIPUR-302 001, RAJASTHAN.

¶154

4 THE DIVISIONAL RAILWAY MANAGER NORTH WESTERN RAILWAY,JAIPUR,JAIPUR-302001,RAJASTHAN.

¶155

5 THE SR.DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY,PALGHAT DIVISION, PALGHAT-678002.

¶156

BY ADV. SMT.ASHA CHERIAN, SC, RAILWAYS SMT.SUMATHY DANDAPANI (SR)

¶157

OP(CAT)Nos.26, 27, 29, 30, 31, 32 & 33 OF 2018 14

¶158

RESPONDENT:

¶159

GOPAL LAL MEENA,

¶160

S/O.SHRI.KALU RAM,TRACK MAINTAINER III,OFFICE OF THE SENIOR SECTION ENGINEER,PERMANENT WAY,SOUTHERN RAILWAY,KASARGODE R.S & P.O,PERMANENT ADDRESS:JODHARALA VILLAGE,RAISAR.P.O,JAMAWA RAM GARH,JAIPUR DISTRICT,RAJASTHAN-303309.

¶161

BY ADVS. SRI.T.C.GOVINDA SWAMY SMT.KALA T.GOPI

¶162

THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 08.11.2018, ALONG WITH OP (CAT).33/2018, OP (CAT).32/2018, OP (CAT).31/2018, OP (CAT).30/2018, OP (CAT).29/2018, OP (CAT).26/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶163

OP(CAT)Nos.26, 27, 29, 30, 31, 32 & 33 OF 2018 15

¶164

C.T.RAVIKUMAR & V.G.ARUN, JJ.

¶165

OP(CAT)Nos.26, 27, 29, 30, 31, 32 & 33 OF 2018

¶166

Dated this the 8^th day of November, 2018

¶167

JUDGMENT

¶168

Ravikumar, J

¶169

These Original Petitions arise from a common order dated 21.12.2017 passed by the Central Administrative Tribunal, Ernakulam Bench in OA No.576 of 2017 and connected matters. Since the issues involved in all the Original Petitions are one and the same they were heard jointly and are being disposed of by the common judgment.

¶170

We have heard the learned Senior Counsel Smt.Sumathy Dandapani, appearing for the petitioners and the learned counsel Sri.Govind Swamy, appearing for the respondents/applicants.

¶171

The applicants/respondents are working in the post of Track Maintainer/Track Technician, which belong to safety category, in the Palakkad Division of Southern Railway. They applied for inter railway/inter divisional transfer either to North Western Railway or to West Central Railway. Their applications were processed in accordance with law and the division concerned to which they sought for transfer, was consulted with and upon consent and after such processes they were ordered to be transferred to the divisions concerned. Such orders were

¶172

OP(CAT)Nos.26, 27, 29, 30, 31, 32 & 33 OF 2018 16

¶173

passed in respect of the respondents/applicants on different dates. It is on being aggrieved by the delay in the matter of implementation of the orders, in other words the delay in the matter of relieving them so as to join in the transferred division, that they approached the Tribunal and filed the Original Applications from which the captioned Original Petitions arose. All those Original Applications were jointly considered by the Tribunal and as noticed herein-before, they were disposed of by the common order dated 21.12.2017. Obviously, the respondents therein/petitioners herein resisted the claims and contentions of the applicants before the Tribunal. However, after appreciating the rival contentions the Tribunal, as per the common order dated 21.12.2017, disposed of the Original Applications with a direction to the petitioners herein/respondents to relieve the applicants immediately, not later than one week from the date of receipt of a copy of the order to the respective divisions/railways to which they had secured inter division/inter railway transfer. It is feeling aggrieved by the said common order that the captioned Original Petitions have been filed.

¶174

Various contentions were raised by both sides. However, in view of the order which we propose to pass in this Original Applications, we do not think it necessary to delve into such contentions. The rival contentions would reveal that the orders sought to be implemented are still in force. In other words, the

¶175

OP(CAT)Nos.26, 27, 29, 30, 31, 32 & 33 OF 2018 17

¶176

inter railway/inter divisional transfer orders issued in favour of the applicants/respondents are still in force. At the same time, the petitioners, citing dearth of sufficient personnel in Track Maintainer/Track Technician posts, belonging to safety category contended that in case the applicants are relieved immediately, it would adversely affect the functioning of Palakkad division of the southern railway. It is the precise contention that since the post concerned belong to safety category in the absence of sufficient staff the very functioning of the Palakkad divison would be put to jeopardy. The learned Senior Counsel appearing for the petitioners would further submit that in the circumstances, for implementing the orders of transfer issued in favour of the applicants sufficient time may be granted. In that context it is also submitted by the learned senior counsel that already steps were taken to conduct fresh selection to the post concerned and that it is a time consuming process. It is further submitted that though such steps were initiated as early as in February, 2018, to complete such processes more time is required. On the said question we have heard the learned counsel appearing for the respondents.

¶177

After hearing the learned counsel on both sides, we are of the view that there is substance in the contention that relieving of all the applicants and the other transferrees, 33 in number, from Palakkad Division in the situation expatiated above, would

¶178

OP(CAT)Nos.26, 27, 29, 30, 31, 32 & 33 OF 2018 18

¶179

adversely affect the functioning of the Palakkad Division of Southern Railway, especially taking note of the fact that those posts belong to safety category. In such circumstances, we are of the view that these Original Petitions can be disposed of granting six months time from today to the petitioners/respondents in the Original Applications to implement the orders of transfer issued in favour of the applicants/respondents in the captioned Original Petitions, in compliance with the directions of the Tribunal.

¶180

The Original Petitions are disposed of as above.

¶181

Sd/- C.T.RAVIKUMAR, JUDGE

¶182

Sd/- V.G.ARUN, JUDGE

¶183

cms

¶184

OP(CAT)Nos.26, 27, 29, 30, 31, 32 & 33 OF 2018 19

¶185

APPENDIX OF OP (CAT) 26/2018

¶186

PETITIONER'S/S EXHIBITS:

¶187

EXHIBIT P1 TRUE COPY OF O.A.180/00576/2017 ALONG WITH ANNEXURES FILED BY APPLICANT BEFORE THE CAT/ERNAKULAM.

¶188

EXHIBIT P2 TRUE COPY OF REPLY STATEMENT FILED BY RAILWAY IN O.A.180/00576/2017 ALONG WITH ANNEXURES

¶189

EXHIBIT P3 TRUE COPY OF STATEMENT FILED BY RAILWAY IN O.A.180/00576/2017

¶190

EXHIBIT P4 TRUE COPY OF ORDER DATED 21.12.2017 IN O.A.180/00576/2017 OF CAT/ERNAKULAM.

¶191

APPENDIX OF OP (CAT) 33/2018

¶192

PETITIONER'S/S EXHIBITS:

¶193

EXHIBIT P1 TRUE COPY OF O.A. 180/00291/2017 ALONG WITH ANNEXURES FILED BY APPLICANTS BEFORE THE CAT/ ERNAKULAM.

¶194

EXHIBIT P2 TRUE COPY OF REPLY STATEMENT FILED BY RAILWAY IN O.A. 180/00291/2017 ALONG WITH ANNEXURES

¶195

EXHIBIT P3 TRUE COPY OF ORDER DATED 21/12/2017 IN O.A. 180/00291/2017 OF CAT/ERNAKULAM.

¶196

APPENDIX OF OP (CAT) 32/2018

¶197

PETITIONER'S EXHIBITS:

¶198

EXHIBIT P1 TRUE COPY OF O.A. 180/00264/2017 ALONG WITH ANNEXURES FILED BY APPLICANTS BEFORE THE CAT/ERNAKULAM.

¶199

EXHIBIT P2 TRUE COPY OF REPLY STATEMENT FILED BY RAILWAY IN O.A 180/00264/2017 ALONG WITH ANNEXURES.

¶200

OP(CAT)Nos.26, 27, 29, 30, 31, 32 & 33 OF 2018 20

¶201

EXHIBIT P3 TRUE COPY OF ORDER DATED 21.12.2017 IN O.A 180/00264/2017 OF CAT/ ERNAKULAM

¶202

APPENDIX OF OP (CAT) 31/2018

¶203

PETITIONER'S/S EXHIBITS:

¶204

EXHIBIT P1 TRUE COPY OF OA 180/00332/2017 ALONG WITH ANNEXURES FILED BY APPLICANTS BEFORE THE CAT/ERNAKULAM

¶205

EXHIBIT P2 TRUE COPY OF REPLY STATEMENT FILED BY RAILWAY IN OA 180/00332/2017 ALONG WITH ANNEXURES.

¶206

EXHIBIT P3 TRUE COPY OF ORDER DATED 21.12.2017 IN OA 180/00332/2017 OF CAT/ERNAKULAM.

¶207

APPENDIX OF OP (CAT) 30/2018

¶208

PETITIONER'S/S EXHIBITS:

¶209

EXHIBIT P1 TRUE COPY OF THE OA 180/00356/2017 ALONG WITH ANNEXURES FILED BY APPLICANTS BEFORE THE CAT/ERNAKULAM

¶210

EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED BY RAILWAY IN OA 180/00356/2017 ALONG WITH ANNEXURES

¶211

EXHIBIT P3 TRUE COPY OF THE ORDER DATED 21.12.2017 IN OA 180/00356/2017 OF CAT/ERNAKULAM.

¶212

APPENDIX OF OP (CAT) 29/2018

¶213

PETITIONER'S/S EXHIBITS:

¶214

EXHIBIT P1 TRUE COPY OF O.A 180/00274/2017 ALONG WITH ANNEXURE FILED BY APPLICANT BEFORE THE CAT/ERNAKULAM

¶215

OP(CAT)Nos.26, 27, 29, 30, 31, 32 & 33 OF 2018 21

¶216

EXHIBIT P2 TRUE COPY OF ORDER DATED 17-11-2016 IN O.A NO. 164/2016 RENDERED BY THIS HON'BLE TRIBUNAL

¶217

EXHIBIT P3 TRUE COPY OF ORDER DATED 21-12-2017 IN O.A 180/00274/2017 OF CAT/ERNAKULAM

¶218

APPENDIX OF OP (CAT) 27/2018

¶219

PETITIONER'S/S EXHIBITS:

¶220

EXHIBIT P1 TRUE COPY OF O.A.180/00277/2017 ALONG WITH ANNEXURES FILED BY APPLICANT BEFORE THE CAT/ERNAKULAM`

¶221

EXHIBIT P2 TRUE COPY OF REPLY STATEMENT FILED BY RAILWAY IN O.A.180/00277/2017 ALONG WITH ANNEXURES.

¶222

EXHIBIT P3 TRUE COPY OF ORDER DATED 21.12.2017 IN O.A.180/00277/2017 OF CAT/ERNAKULAM.

¶223

/TRUE COPY/

¶224

P.S.TO JUDGE

Union of India v. Jansiram Meena

Case brief

What is this about?

What did the court decide?

Union of India v. Jansiram Meena

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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