Dismissed

Union of India v. P. Padmakumar

Kerala HC7 Jan 2020OP (CAT)/105/2014

Case brief

AI extract

What is this about?

This judgment dismisses the original petition challenging the Central Administrative Tribunal's order regarding travelling allowance for a Station Master. The court upheld the Tribunal's finding that the deemed distance of 8 kilometers based on the Railway Passenger Fare Time Table was correct over the railway's claim of 7.96 kilometers.

What did the court decide?

Original petition dismissed; parties to suffer respective costs.

Union of India Vs P. Padmakumar — Pension and Retirement Benefits | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4

¶5

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6

TUESDAY, THE 07TH DAY OF JANUARY 2020 / 17TH POUSHA, 1941

¶7

OP (CAT).No.105 OF 2014(Z)

¶8

AGAINST THE ORDER IN OA NO.42/2013 DATED 23-10-2013 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH

¶9

PETITIONERS/RESPONDENTS:

¶10

1 UNION OF INDIA

¶11

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

¶12

2 DIVISIONAL PERSONNEL OFFICER

¶13

SOUTHERN RAILWAY, THIRUVANANTHAPURAM DIVISION, THIRUVANANTHAPURAM-695 014.

¶14

BY ADVS. SRI.V.K.MOHAMMED YOUSUF,SC,RAILWAYS SRI.K.SHRI HARI RAO, SC, RAILWAYS

¶15

RESPONDENT/APPLICANT:

¶16

P. PADMAKUMAR, S/O.C.K.PARAMESHWARAN PILLAI, STATION MASTER GR.III, CHANGANASSERI RAILWAY STATION, CHANGANASERI-686 101, RESIDING AT SREEVALSAM, AKAMPALADY, SASTHAMCOTTAH, KOLLAM-690 521.

¶17

THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 07.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶18

OP (CAT).No.105 OF 2014(Z)

¶19

¶20

JUDGMENT

¶21

K. Vinod Chandran, J.

¶22

The issue raised in the above original petition is only as to whether the applicant is entitled to travelling allowance as a rest giving Station Master. [The parties are referred to from their status in the original application and so are the documents.] The dispute is as to the distance between Changanasserry and Thiruvalla, which the Railway asserts is only 7.96 Kilometers, while the applicant states, is deemed to be 8 Kilometers as per the Railway Passenger Fare Time Table. The Tribunal found that the Indian Railway Establishment Code directs mileage between two stations as indicated in the Railway Passenger Fare Time Table should be adopted. Hence, the Tribunal allowed the claim of the applicant. We do not find any reason to interfere with the order. We also notice that the Tribunal has also relied on another decision of the Tribunal, which the

¶23

OP (CAT).No.105 OF 2014(Z) 3

¶24

Railway obviously has not challenged.

¶25

For all the above reasons, the original petition is dismissed. Parties to suffer their respective costs.

Sd/-

K.VINOD CHANDRAN

JUDGE

Sd/-

V.G.ARUN JUDGE

sp/09/01/2020

OP (CAT).No.105 OF 2014(Z)

¶33

¶34

APPENDIX

¶35

PETITIONER'S/S EXHIBITS:

¶36

EXHIBIT P1 EXHIBIT P1. TRUE COPY OF THE OA NO.42/2013 FILED BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKLAM BENCH. ANNEXURE A1 TRUE COPY OF THE REPRESENTATION DATED 05.04.12 SUBMITTED BY THE APPLICANT EXHIBIT P2 TRUE COPY OF THE REPLY STATEMNT IN OA NO.42/2013 FILED BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH EXHIBIT P3 TRUE COPY OF THE ORDER OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH DATED 23 OCTOBER 2013 IN OA NO.42/2013 ANNEXURE A2 TRUE COPY OF THE RAILWAY TICKET VALID FOR TRAVEL BETWEEN CHANGANASSERY AND THIRUVALLA.

Union of India v. P. Padmakumar

Case brief

What is this about?

What did the court decide?

Union of India v. P. Padmakumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Union of India Vs P.Sivaraman

Union of India Vs K.S.Surendranath

The Southern Railway Vs K. Natarajan

The Senior Divisional Personnel Officer Vs Sukumaran S.

Commissioner of Customs Vs M.K.Saseendran

The Commissioner Vs Ramachandran Embranthiri