The High Court of Kerala disposed of Writ Petition WP(C) No. 25100 of 2010 and Original Petitions OP (CAT) Nos. 1977 of 2012 and 40 of 2017 by following the judgment in WP(C) No. 31443/2008 rendered by this Division Bench. The impugned orders were consequently modified according to that precedent.
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
MONDAY, THE 17TH DAY OF JUNE 2019 / 27TH JYAISHTA, 1941
WP(C).No.25100 of 2010
AGAINST THE ORDER/JUDGMENT IN OA 738/2008 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH DATED 7.12.2009
PETITIONER/S:
2 SENIOR DIVISIONAL PERSONNEL OFFICER SOUTHERN RAILWAY, CHENNAI DIVISION,, CHENNAI-600 003.
BY ADV. SRI.JAMES KURIAN, SENIOR PANEL, RAILWAYS
RESPONDENT/S:
1 M.S.RATHEESH S/O.M.R.SUSEELAN, STATION MASTER-III,, SOUTHERN RAILWAY, BASIN BRIDGE JUNCTION,, RESIDING AT: 12/25, NORTH THIRUMALAI NAGAR,, IST STREET, VILLIVAKKAM, CHENNAI-600049.
2 S.PRASANTH S/O.G.SATHYASEELAN, STATION MASTER-III/, TRAFFIC INSPECTOR, O/O.THE CHIEF OPERATORS MANAGER, SOUTHERN RAILWAY, CHENNAI-3,, R/AT:NO.6,OLD AGRAHARAM STREET,IST STREET,, VILLIVAKKAM,AVADI,CHENNAI-600 054.
WPC25100/10, OPs(CAT) 1977/12 & 40/17
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4 K.S.BINOD S/O.K.N.SADASIVAN, STATION MASTER-III,, PACHACHAKUPPAM RS, CHENNAI DIVISION,, RESIDING AT: KOPPARA HOUSE, KANNIMEL-A,, KILIKOLLOOR, KOLLAM, PIN - 691 004.
5 C.M.PHILIPOSE S/O.LATE C.P.MATHAI,, STATION MASTERIII/JOLARPETTAI RS & PO,, RESIDING AT: RAILWAY QUARTERS NO.559-A,, VELLORE DISTRICT, TAMIL NADU, PIN - 605 568.
BY ADV. SRI.T.C.GOVINDASWAMY FOR R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.06.2019, ALONG WITH OP (CAT).40/2017 AND OP (CAT).1977/2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC25100/10, OPs(CAT) 1977/12 & 40/17
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
&
THE HONOURABLE MR. JUSTICE ASHOK MENON
MONDAY, THE 17TH DAY OF JUNE 2019 / 27TH JYAISHTA, 1941
OP (CAT).No.40 of 2017
AGAINST THE ORDER/JUDGMENT IN OA 316/2013 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH DATED 29.1.2016
PETITIONERS/RESPONDENTS:
BY ADVS.
SRI.A.DINESH RAO, SC, RAILWAYS
WPC25100/10, OPs(CAT) 1977/12 & 40/17
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RESPONDENTS/APPLICANTS:
1 ROOPESH RAJU S/O.K.M.RAJU, SENIOR ASSISTANT LOCO PILOT, SOUTHERN RAILWAY/SHORNUR, OFFICE OF THE CHIEF CREW CONTROLLER, SHORNUR RAILWAY STATION; PERMANENT ADDRESS AMBALAYAM HOUSE, POOTHAKUZHY P.O., PAMPADY, KOTTAYAM-686 521.
2 BINOY KUMAR D.B. S/O.D.K.BALAN, SENIOR ASSISTANT LOCO PILOT/SOUTHERN RIALWAY/SHORNUR, OFFICE OF THE CHIEF CREW CONTROLLER, SHORNUR RAILWAY STATION, PERMANENT ADDRESS 'DEVASWOM PARAMBIL', PIZHALA P.O., SOUTH CHITTOOR, KOCHI-682 027.
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 17.06.2019, ALONG WITH OP (CAT).1977/2012 AND WP(C).25100/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
WPC25100/10, OPs(CAT) 1977/12 & 40/17
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
&
THE HONOURABLE MR. JUSTICE ASHOK MENON
MONDAY, THE 17TH DAY OF JUNE 2019 / 27TH JYAISHTA, 1941
OP (CAT).No.1977 of 2012
AGAINST THE ORDER/JUDGMENT IN OA 474/2011 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH DATED 18-11-2011
PETITIONERS/RESPONDENTS 1 TO 3 IN THE OA:
2 DIVISIONAL RAILWAY MANAGER SOUTH WESTERN RAILWAY, BANGALORE DIVISION, BANGALORE-560 046.
3 THE SENIOR DIVISIONAL PERSONNEL OFFICER SOUTHERN RAILWAY, THIRUVANANTHAPURAM DIVISION, THIRUVANANTHAPURAM.695 014.
BY ADVS. SRI.A.DINESH RAO, SC, RAILWAYS
RESPONDENTS/APPLICANTS & FOURTH RESPONDENT IN THE OA:
1 GIREESH BABU
S/O.K.K.SUBRAMONIAM, ASSISTANT LOCO PILOT, SOUTHERN RAILWAY, OFFICE OF THE CHIEF CREW CONTROLLER, ERNAKULAM JUNCTION, RESIDING AT PARAYIL HOUSE, KUMARANALLUR, KOTTAYAM.686 016.
2 P.BIJU
S/O.PADMANABHAN, ASSISTANT LOCO PILOT, SOUTHERN RAILWAY, OFFICE OF THE CHIEF CREW CONTROLLER, ERNAKULAM JUNCTION, RESIDING AT BIJU BHAVAN, CMC-4, CHERTHALA, ALAPPUZHA DISTRICT, PIN - 688 524.
WPC25100/10, OPs(CAT) 1977/12 & 40/17
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3 P.S.SURALAL SENIOR ASSISTANT LOCO PILOT, OFFICE OF THE CHIEF CREW CONTROLLER, SOUTHERN RAILWAY, KOLLAM JUNCTION RS, AND PO, KOLLAM-673 307.
BY ADVS. SRI.T.C.GOVINDA SWAMY FOR R1 & R2 SMT.KALA T.GOPI
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 17.06.2019, ALONG WITH WP(C).25100/2010 AND OP (CAT).40/2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
WPC25100/10, OPs(CAT) 1977/12 & 40/17
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V.CHITAMBARESH & ASHOK MENON, JJ.
WP(C)No.25100 of 2010 and OP(CAT) Nos.1977 of 2012 and 40 of 2017 ------------------------------------------Dated this the 17th day of June, 2019
J U D G M E N T
Chitambaresh, J.
The issue is covered by the judgment in WP(C) No.31443/2008 rendered by a Division Bench of this
Court. The reasonings therein will follow and the parties are governed by the directions in the said judgment. The impugned orders are modified accordingly. The Writ Petition and the Original Petitions are disposed of.
Sd/-
V.CHITAMBARESH
JUDGE
Sd/-
ASHOK MENON
JUDGE
jg
WPC25100/10, OPs(CAT) 1977/12 & 40/17
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APPENDIX OF WPC 25100/2010
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE OA NO.738/2008 FILED BY THE RESPONDENTS BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT IN OA NO.738/2008 FILED BY THE PETITIONERS EXHIBIT P3 TRUE COPY OF THE ORDER DATED 11.12.2009 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH IN OA 738/2008.
WPC25100/10, OPs(CAT) 1977/12 & 40/17
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APPENDIX OF OP (CAT) 40/2017
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF OA 316/2013 ON THE FILES OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH
EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT OA 316/2013 FILED BY THE 4TH RESPONDENT ON THE FILES OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH
EXHIBIT P3 TRUE COPY OF THE REJOINDER TO THE REPLY STATEMENT IN OA NO. 316/13 ON THE FILES OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH
EXHIBIT P4 TRUE COPY OF THE REPLY STATEMENT IN OA NO. 316/13 ON THE FILED BY 2ND RESPONDENT ON THE FILES OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH EXHIBIT P5 TRUE COPY OF THE ORDER OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH IN OA 316/2013 DATED 29TH JANUARY 2016
WPC25100/10, OPs(CAT) 1977/12 & 40/17
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APPENDIX OF OP (CAT) 1977/2012
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF OA 474/2011 ON THE FILES OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH, ALONG WITH ANNEXURES
EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE PETITIOENRS HEREIN IN OA 474/2011 ON THE FILES OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH
EXHIBIT P3 TRUE COPY OF THE ORDER OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH IN OA 474/2011 DATED 18.11.2011
1 issue framed by the court
Whether the impugned orders of the Central Administrative Tribunal in WP(C) No. 25100 of 2010, OP (CAT) No. 40 of 2017 and OP (CAT) No. 1977 of 2012 should be disposed of by following the judgment in
Colour shows how this judgement treated each authority
WP(C) No.31443/2008Followed¶80
UNION OF INDIA
M.S. RATHEESH
S. PRASANTH
R. SIVAKUMARAN NAIR
K.S. BINOD
C.M. PHILIPOSE
V. CHITAMBARESH
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
