The Division Bench held that an Original Petition for regularization and seniority became infructuous as the petitioner had attained superannuation age before absorption in future vacancies could occur, rendering a test of the impugned orders unnecessary.
Original Petition dismissed as infructuous; no holding on the correctness of impugned orders.
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 V.CHITAMBARESH
&
THE HONOURABLE MR. JUSTICE ASHOK MENON TUESDAY, THE 11TH DAY OF JUNE 2019 / 21ST JYAISHTA, 1941
OP (CAT).No. 1022 of 2013
AGAINST THE ORDER/JUDGMENT IN OA 18/2008 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS/RESPONDENTS:
1 UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK TOWN P.O., CHENNAI – 03.
2 THE DEPUTY CHIEF ENGINEER (CONSTRUCTION) SOUTHERN RAILWAY,TRIVANDRUM.
3 THE DIVISIONAL RAILWAY MANAGER SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM – 14.
BY ADVS. SMT.SUMATHY DANDAPANI (SR.) SRI.A.DINESH RAO, SC, RAILWAYS SRI.V.K.MOHAMMED YOUSUF, SC
RESPONDENT/APPLICANT:
K.LIESON AGED 55 YEARS, S/O.KUTTINADAR, EX-CASUAL LABOURER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT MALAN VILAL VEEDU, KARAVILAL NALLUR, MARTHANDOM P.O., KANYAKUMARI DISTRICT.
BY ADV. SRI.MARTIN G.THOTTAN
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 11.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O.P.(CAT) No.1022/2013
2
JUDGMENT
V.Chitambaresh, J.
The operative part of Ext.P9 order impugned reads
thus:-
“15.In view of the above, the OA deserves to be allowed and the same is accordingly allowed. It is declared that the applicant is entitled to regularization. However, in view of the time distance between his earlier engagement and now, all that could happen is that in the future available vacancies he could be absorbed and the applicant's seniority shall also be fixed accordingly. All the benefits that are available to any new recruits would be admissible to the applicant. His regularization is, of course, subject to the other formalities such as medical examination, etc., being fulfilled.”
Thus the direction of the Tribunal is to absorb the
respondent in the future available vacancies and to fix his seniority accordingly. It is further clarified that all benefits that are available to new recruits would be admissible to the respondent as well.
It transpires that the respondent attained the age
of superannuation of 60 years on 07.01.2018 and therefore cannot be absorbed in the future available
O.P.(CAT) No.1022/2013
3
vacancies. His seniority cannot also be fixed
accordingly since it is not possible to absorb him in any vacancy after superannuation. Ext.P9 order as well as Ext.P12 order passed on review was under stay in this Original Petition which is being disposed of today. The Tribunal has not granted any regularization from an anterior date and there is also no Original Petition by the respondent on that score. We therefore hold that this Original Petition has become infructuous and that it is unnecessary to test the correctness or otherwise of Ext.P9 or P12 order.
The Original Petition is dismissed.
Sd/-
V.CHITAMBARESH
JUDGE
Sd/-
ASHOK MENON
JUDGE
dkr
O.P.(CAT) No.1022/2013
4
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | COPY OF O.A NO 18/08 ALONG WITH ANNEXURES |
|---|---|
| EXHIBIT P2 | COPY OF THE REPLY STATEMENT |
| EXHIBIT P3 | COPY OF THE ADDITIONAL REPLY STATEMENT |
| EXHIBIT P4 | COPY OF THE ORDER DATED 4/7/2008 OF CAT ERNAKULAM |
| EXHIBIT P5 | COPY OF THE AFFIDAVIT BY 4TH RESPONDENT IN O.A 18/2008 DATED 4/7/2008 |
| EXHIBIT P6 | COPY OF THE ORDER IN O.A 18/2008 DATED 20/2/2009 OF CAT ERNAKULAM |
| EXHIBIT P7 | COPY OF THE JUDGMENT IN WPC NO 18834/2010 DATED 28/6/2010 |
| EXHIBIT P8 | COPY OF THE ORDER IN R.A 57/2011 IN O.A 18/2008 DATED 23/2/2012 OF CAT ERNAKULAM |
| EXHIBIT P9 | COPY OF THE ORDER DATED 28/6/2012 IN O.A 18/2008 OF CAT ERNAKULAM |
| EXHIBIT P10 | COPY OF THE POSTAL RECEIPT OF CERTIFICATE OF POSTING DATED 27/3/1987 |
| ANNEXURE P11 | COPY OF THE RA 2/13 IN O.A 18/2008 OF CAT ERNAKULAM WITH ANNEXURE |
| EXHIBIT P12 | COPY OF THE ORDER IN RA 2/2013 IN OA. 18.2008 OF CAT ERNAKULAM |
| EXHIBIT P13 | COPY OF THE JUDGMENT DATED 30/7/2008 IN O.A 657/2007 |
| EXHIBIT P14 | COPY OF THE JUDGMENT DATED 18/6/2010 IN WPC 37704/2008 |
| EXHIBIT P15 | COPY OF THE ORDER IN O.A 192/2008 OF CAT ERNAKULAM DATED 20/2/2009 |
| EXHIBIT P16 | COPY OF THE ORDER IN OA 608/2008 OF CAT ERNAKULAM DATED 18/12/2012 |
2 issues framed by the court
Whether the petitioner's petition for regularization and seniority fixation has become infructuous due to superannuation.
Whether it is necessary to test the correctness of impugned orders when absorption is barred by age limit.
Union of India represented by the General Manager, Southern Railway
Deputy Chief Engineer (Construction) Southern Railway
Divisional Railway Manager Southern Railway
Sr.Divisional Personnel Officer, Southern Railway
K. Lieson
V. Chitambaresh
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
