Remanded

K.Ramesh Babu v. Union of India

Kerala HC22 Mar 2018WP(C)/5992/2018

Case brief

AI extract

What is this about?

Petitioners challenging a provisional seniority list in the Railway Protection Force were allowed directions to submit objections to the 3rd respondent. Promotions based on the list are to remain subject to the outcome of the objection proceedings, with the competent authority to decide within two months.

What did the court decide?

Directions given to 3rd respondent to consider objections and forward to competent authority for decision within two months; promotions based on the list subject to final decision.

K.Ramesh Babu Vs Union of India — Pension and Retirement Benefits | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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THURSDAY, THE 22ND DAY OF MARCH 2018 / 1ST CHAITHRA, 1940

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WP(C).No. 5992 of 2018

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PETITIONER(S):

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1 K.RAMESH BABU, AGED 48 YEARS, S/O.ACHUTHAN NAIR, CONSTABLE, RAILWAY PROTECTION FORCE, SOUTHERN RAILWAY/PALAKKAD, RESIDING AT : "ACHUTHAM", MARUTHI NAGAR, KELLEPPULLI, PALAKKAD-678 005.

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2 S.NAVAS, AGED 47 YEARS, S/O.M.S.RAUTHER, CONSTABLE, RAILWAY PROTECTION FORCE, SOUTHERN RAILWAY/ALUVA, PERMANENT ADDRESS : "NAVAS MANZIL", MANNADY P.O., PATHANAMTHITTA DISTRICT, PIN-691 530.

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BY ADVS.SRI.T.C.GOVINDA SWAMY

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SMT.KALA T.GOPI

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RESPONDENT(S):

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1. UNION OF INDIA,

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REPRESENTED BY ITS THE GENERAL MANAGER, SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK TOWN P.O., CHENNAI-600 003.

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2. THE DIRECTOR GENERAL, RAILWAY PROTECTION FORCE, RAILWAY BOARD, RAIL BHAVAN, NEW DELHI-110 001.

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3. THE CHIEF SECURITY COMMISSIONER, RAILWAY PROTECTION FORCE,

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SOUTHERN RAILWAY HEADQUARTERS, MOORE MARKET COMPLEX, PARK TOWN P.O, CHENNAI-600 003.

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4. THE DIVISIONAL SECURITY COMMISSIONER, RAILWAY PROTECTION FORCE, SOUTHERN RAILWAY, PALAKKAD DIVISION, PALAKKAD-678 002.

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5. THE DIVISIONAL SECURITY COMMISSIONER, RAILWAY PROTECTION FORCE, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM-695 014.

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R1 TO R5 BY SRI.MATHEW BOBBY KURIAN, SC, SRI.C.S.DIAS,SC,

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-03-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts/22/3/2018

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WP(C).No. 5992 of 2018 (Y)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1	TRUE COPY OF BATTALION ORDER BEARING NO.187/2006, COMMUNICATED BY THE COMMANDING OFFICER 5BN/RPSF/TPJ DATED 08 NOV 2006.
EXHIBIT P2	TRUE COPY OF ORDER BEARING NO.2007/SEC (ABE)/TR-6/89 (PT.A) DATED 29.02.2008 ISSUED BY THE RAILWAY BOARD.
EXHIBIT P3	TRUE COPY OF OFFICE ORDER BEARING NO. 37/2008 DATED 11.04.08, ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P4	TRUE COPY OF REPRESENTATION DATED 09.02.2009 ADDRESSED TO THE 2ND RESPONDENT.
EXHIBIT P5	TRUE COPY OF LETTER BEARING NO.X/P.721/OR DATED 30.03.2009 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P6	TRUE COPY OF REPRESENTATION DATED 08.01.2014, ADDRESSED TO THE 3RD RESPONDENT.
EXHIBIT P7	TRUE COPY OF REPRESENTATION DATED 16.10.2015 ADDRESSED TO THE 3RD RESPONDENT.
EXHIBIT P8	TRUE COPY OF REPRESENTATION DATED 05 MARCH 2016 ADDRESSED TO THE 3RD RESPONDENT.
EXHIBIT P9	TRUE COPY OF ORDER ISSUED BY THE 5TH RESPONDENT, UNDER NO. VXP/612/CON/SENIORITY DATED 30.05.2016.
EXHIBIT P10	TRUE COPY OF PROVISIONAL SENIORITY LIST OF CONSTABLES AS ON 01.01.2016 HANDED OVER ALONG WITH P9.
EXHIBIT P11	TRUE COPY OF DETAILED REPRESENTATION DATED 31.03.2017, ADDRESSED TO THE 2ND RESPONDENT.
EXHIBIT P12	TRUE COPY OF COMMUNICATION BEARING NO. VXP/612/CON/SENIORITY DATED 08.05.2017, ISSUED FROM THE OFFICE OF THE 5TH RESPONDENT.
EXHIBIT P13	TRUE COPY OF COMMUNICATION SENT BY THE 3RD RESPONDENT UNDER NO.X/P.612/SEN/CON/V DATED 09.01.2015.
EXHIBIT P14	TRUE COPY OF COMMUNICATION BEARING NO.X/P.612/SEN/CON/VOL.VI DATED 08.12.2016, SENT BY THE 3RD RESPONDENT.

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2/-

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-2-

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WP(C).No. 5992 of 2018 (Y)

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EXHIBIT P15 TRUE COPY OF LETTER BEARING NO.J/XP.612/HC-CON/VOL.IV DATED 03.02.2017 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P16 TRUE COPY OF REPRESENTATION DATED 31.03.2017 ADDRESSED TO THE 2ND RESPONDENT. EXHIBIT P17 TRUE COPY OF COMMUNICATION FROM THE 3RD RESPONDENT AS PER LETTER BEARING NO.X/P.612/SEN/CON DATED 28.04.2017. EXHIBIT P18 TRUE COPY OF LETTER BEARING NO.CXC/SIB/76/2017 DATED 02.05.2017 ISSUED FROM THE OFFICE OF THE SPECIAL INTELLIGENCE BRANCH/RPF. EXHIBIT P19 TRUE COPY OF LETTER BEARING NO.X/P.612/SEN/CON DATED 29.08.2017, ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT. EXHIBIT P20 TRUE COPY OF PROVISIONAL SENIORITY LIST OF CONSTABLES OF RAILWAY PROTECTION FORCE DOWNLOADED FROM THE WEBSITE OF THE 3RD RESPONDENT. EXHIBIT P21 TRUE COPY OF RAILWAY BOARD ORDER DATED 27.03.2017 (RBE NO. 28/2017) COMMUNICATED BY THE SOUTH CENTRAL RAILWAY ADMINISTRATION UNDER PERSONNEL BRANCH CIRCULAR NO.46/2017 DATED 13.04.2017.

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RESPONDENT'S EXHIBITS:

NIL

/TRUE COPY/

P.A.TO JUDGE

sts

22/3/2018

P.V.ASHA J.

-----------------------------------W.P.(C).No.5992 of 2018

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------------------------------------- Dated this the 22^nd day of March, 2018

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J U D G M E N T

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Petitioners, who are working as Constables in the Railway Protection Force, are aggrieved by the seniority assigned to them in Ext.P20 seniority list. From Ext.P20, it is seen that it is a provisional seniority list as on 01.04.2017, but the proceedings issuing the same with details as to when the seniority list was issued or details as the date within which objections were to be furnished against the same are not produced by the petitioners.

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In the above circumstances, in case Ext.P20 seniority list is not finalised, the petitioners shall be free to submit objections as against the same before the 3^rd respondent. The 3^rd respondent is free to

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W.P.(C).No.5992 of 2018 2

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forward the same to the competent authority to consider such objections and the competent authority shall pass orders on the same in accordance with law. Promotions, if any, made on the basis of Ext.P20, shall be subject to the result of the decision to be taken by the competent authority, after considering the objections raised by the petitioners. Orders shall be passed within a period of 'two months' from the date of receipt of a copy of the judgment.

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The writ petition is disposed of accordingly.

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Sd/-

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P.V.ASHA, JUDGE.

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K.Ramesh Babu v. Union of India

Case brief

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K.Ramesh Babu v. Union of India

Case brief

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