The court directed the petitioners to approach the Central Administrative Tribunal (CAT) for appropriate application within 7 days. The interim order was extended for 7 days subject to the CAT having the liberty to pass appropriate orders on merits.
Interim order extended for 7 days contingent upon CAT deciding the matter on merits.
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 SUNIL THOMAS
WEDNESDAY, THE 1ST DAY OF SEPTEMBER 2021 / 10TH BHADRA, 1943
WP(C) NO. 10911 OF 2021
PETITIONER/S:
1 R.NAGARAJAN AGED 57 YEARS S/O. V. RAMASWAMY PILLAI, 4, SUMAITHANKI STREET, VADIVEESWARAM, NAGERCOIL - 629002,.
2 B. SUBHASH BHASI AGED 58 YEARS S/O. P.BHASKARAN, SOUPARNIKA, HOUSE NO. 44, ASWATHY GARDEN, POONTHURA, THIRUVANANTHAPURAM - 695016, 3 N. UNNIKRISHNAN AGED 54 YEARS S/O. M.P. NARAYANA PANICKER, AISHWARYA, NRRA-D-34, VATTIYURKAVU, THIRUVANANTHAPURAM - 695013.
4 A. GANDHI AGED 57 YEARS ARUDHRA, MELAPALLAM, VILLUKURI P.O, KANYAKUMARI - 629180. BY ADVS. G.HARIKUMAR (GOPINATHAN NAIR) SHRI.AKHIL SURESH
RESPONDENT/S:
WP(C) NO. 10911 OF 2021
2
5 K.G. AJITH KUMAR LOCO PILOT(MAIL), CCRC OFFICE, TRIVANDRUM DIVISION, SOUTHERN RAILWAY, THIRUVANANTHAPURAM - 695001.
6 C.S. SURESH LOCO PILOT (MAIL) CCRC OFFICE- ERNAKULAM DEPOT, TRIVANDRUM DIVISION, SOUTHERN RAILWAY, THIRUVANANTHAPURAM - 695001.
BY ADVS. SUMATHY DANDAPANI (SR.) SRI.PREMCHAND R.NAIR MARTIN G.THOTTAN SRI.K.MANICKARAJ SRI.A.DINESH RAO, SC, RAILWAYS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 10911 OF 2021
3
JUDGMENT
Heard the learned counsel for the petitioner, who sought for continuation of the interim order in the light of the contention advanced by him in the writ petition. Opposing the application, Sri.K.Manickaraj, the learned counsel for the respondents 4 to 6, as well as Sri.Martin G. Thottan, the learned counsel for the proposed additional seventh respondent contended that the writ petition is not sustainable before this court, since the matter ought to been filed before the CAT. It was contended that due to the pandemic, CAT was not functioning and hence the matter was urgently brought before this court and interim orders obtained. Sri.K.Manickaraj sought for vacating the interim order and pressed for hearing of IA.No.2 of 2021 filed by him for vacating the order of stay. Sri.Martin G Thottan, learned counsel for the additional seventh respondent sought for getting himself impleaded and for vacating the order insofar as it affects his promotion.
WP(C) NO. 10911 OF 2021 4
matter was filed before this court and interim order obtained in the peculiar circumstance, that was in existence at that point of time. Hence, propriety demands that the matter should be heard and decided by the competent authority in the present circumstance. Accordingly, I am inclined to direct the petitioners to move the CAT and to seeks their relief there. The petitioners are given 7 working days time to file appropriate application before the CAT and to seek reliefs. In the light of above, interim order will stand extended for 7 working days from today subject to the condition that after hearing both sides, the CAT will free to pass appropriate orders on merits including modification of or for vacating the order, if so required, untramelled any of the order passed by this court in the meanwhile. Interim order will continue
during the above seven days.
Writ Petition is closed accordingly.
Sd/-
SUNIL THOMAS, JUDGE
R.AV
WP(C) NO. 10911 OF 2021
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APPENDIX OF WP(C) 10911/2021
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF RBE NO.126/2010 DATED 01.09.2010. EXHIBIT P2 TRUE COPY OF RBE NO. 117/2016 DATED 30.09.2016. EXHIBIT P3 TRUE COPY OF COMMON JUDGMENT IN OP(CAT) NOS.102 AND 149 OF 2020 DATED 18.01.2021 PASSED BY THIS HON'BLE COURT. EXHIBIT P4 TRUE COPY OF NOTIFICATION NO. V/P.608/VI/CLI DATED 15.10.2020. EXHIBIT P5 TRUE COPY OF LETTER NO. V/P.608/VI/CLI/VIL.III DATED 02.03.2021. EXHIBIT P6 TRUE COPY OF MEMORANDUM NO. V/P.608/VI/CLI DATED 26.04.2021. EXHIBIT P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY 2ND PETITIONER DATED 27.04.2021 TO THE 3RD RESPONDENT.
2 issues framed by the court
Whether the interim order granting stay on service action should be extended pending the transfer to the Central Administrative Tribunal.
Whether the writ petition must be filed before the CAT in light of the pandemic and non-functioning of the Tribunal.
Colour shows how this judgement treated each authority
Naming caseReferred¶37
OP(CAT) NOS.102 AND 149 OF 2020
1 provisions across 1 enactments
R.NAGARAJAN
B.SUBHASH BHASI
N.UNNIKRISHNAN
A.GANDHI
UNION OF INDIA
GENERAL MANAGER SOUTHERN RAILWAY
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
