Dismissed¶230

Union of India v. G. Purushothaman

Kerala HC19 Mar 2025OP (CAT)/166/2024

Case brief

AI extract

What is this about?

Old Pension Scheme versus New Pension Scheme (w.e.f. 01.01.2004); retrenched project casual labourers; Trackmen/Track Maintainer appointments in Southern Railway, Trivandrum Division; Railway delay in issuing appointment orders 2003–2004; Inderpal Yadav v. Union of India 1985 SCC (L&S) 526; O.P(CAT)No.79 of 2022 judgment dated 04.04.2023; S.L.P.No.24719 of 2023 dismissed 29.01.2025; Central Administrative Tribunal Ernakulam Bench orders upheld; batch dismissal of OP (CAT) Nos. 169, 138, 149, 168, 172, 188 of 2023, 166 and 121 of 2024 and 24 of 2025; pension cut-off date litigation; neutral citation 2025:KER:23636.

What did the court decide?

None to the petitioners; the orders of the Central Administrative Tribunal in favour of the applicants were upheld and the original petitions stand dismissed. ¶230

Union of India Vs G. Purushothaman — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

None to the petitioners; the orders of the Central Administrative Tribunal in favour of the applicants were upheld and the original petitions stand dismissed.

¶230

Issue for consideration

Whether the retrenched project casual labourers, engaged as Track Maintainers through the 2003 notifications issued in obedience to the Inderpal Yadav directions (a few being appointed after 01.01.2004, outside the Old Pension Scheme), are entitled to the Old Pension Scheme notwithstanding the Railway-caused delay in issuing their appointment orders. +1 more

¶219

Ratio / Principle

In view of the dismissal of S.L.P.No.24719 of 2023, the Court held that there is no merit in the original petitions.

¶229

Key takeaways

The order of the Central Administrative Tribunal is upheld.ratio¶229
Consequently, the original petitions stand dismissed.ratio¶230

Detailed headnote1 paragraphs

Batch of nine original petitions (OP (CAT) Nos. 149, 138, 168, 169, 172, 188 of 2023; 166 and 121 of 2024; 24 of 2025) filed by the Union of India and Southern Railway officials (General Manager, Divisional Railway Manager and Senior Divisional Personnel Officer, Trivandrum Division) against orders of the Central Administrative Tribunal, Ernakulam Bench favouring retired Track Maintainers — former retrenched project casual labourers engaged through notifications dated 27.01.2003 and 18.02.2003 issued in obedience to Inderpal Yadav v. Union of India, 1985 SCC (L&S) 526 — several of whom were appointed after 01.01.2004 and thus outside the Old Pension Scheme. Noting that the Tribunal's decisions rested on the same ratio as this Court's judgment dated 04.04.2023 in O.P(CAT)No.79 of 2022 (Railway-caused delay in issuing appointment orders from 2003 to 2004 could not deny the Old Pension Scheme once the New Pension Scheme took effect on 01.01.2004), and that S.L.P.No.24719 of 2023 against that judgment was dismissed on 29.01.2025, the Division Bench (Amit Rawal and K. V. Jayakumar, JJ.) held there was no merit in the petitions, upheld the Tribunal's orders and dismissed the original petitions.

¶1

OP (CAT) NO.169/2023 & Con. Cases

¶2

 1 2025:KER:23636

¶3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4

PRESENT

¶5

THE HONOURABLE MR. JUSTICE AMIT RAWAL

¶6

&

¶7

THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR

¶8

WEDNESDAY, THE 19TH DAY OF MARCH 2025 / 28TH PHALGUNA, 1946

¶9

OP (CAT) NO. 169 OF 2023

¶10

AGAINST THE ORDER DATED 15.02.2023 IN OA NO.638 OF 2017

¶11

OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH

¶12

PETITIONERS/RESPONDENTS:

¶13

1UNION OF INDIA,
REPRESENTED BY THE GENERAL MANAGER,
SOUTHERN RAILWAY HEADQUARTERS OFFICE,
PARK TOWN – P.O., CHENNAI, PIN - 600003

¶14

2 THE DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM, PIN - 695014

¶15

3 THE SENIOR DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM, PIN - 695014

¶16

SRI.T.V.VINU - CGC

¶17

RESPONDENT/APPLICANT:

¶18

CHARLES M,
AGED 61 YEARS

¶19

S/O: MADHAVADIAN, (RETD. TRACK MAINTAINER,

¶20

OP (CAT) NO.169/2023 & Con. Cases

¶21

 2 2025:KER:23636

¶22

KULITHURAI, OFFICE OF THE SECTION ENGINEER PERMANENT
WAY/ SOUTHERN RAILWAY/ THIRUVANANTHAPURAM),
RESIDING AT: 'ORU PANAI NINTRA VILAI',
POOTTETY P.O., VILAVANCODE TALUK, KANYAKUMARI
DISTRICT, PIN - 629157

¶23

BY ADVS.
T.C.GOVINDASWAMY
KALA T.GOPI(K/964/2010)
KAILESH T. GOPI(KAR/3547/2022)
MAMATHA S. ANILKUMAR(K/1532/2019)
RAHUL R.(K/1878/2024)

¶24

THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 19.03.2025,
ALONG WITH OP (CAT).138/2023, 149/2023 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶25

OP (CAT) NO.169/2023 & Con. Cases

¶26

 3 2025:KER:23636

¶27

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶28

PRESENT

¶29

THE HONOURABLE MR. JUSTICE AMIT RAWAL

¶30

&

¶31

THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR

¶32

WEDNESDAY, THE 19TH DAY OF MARCH 2025 / 28TH PHALGUNA, 1946

¶33

OP (CAT) NO. 138 OF 2023

¶34

(AGINST THE ORDERIN O.A.NO.180/00424/2018 DATED 20.10.2022 THE
CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH)

¶35

PETITIONERS/RESPONDNTS:

¶36

1UNION OF INDIA ,
REPRESENTED BY THE GENERAL MANAGER,
SOUTHERN RAILWAY, HEADQUARTERS OFFICE,
PARK TOWN P.O, CHENNAI, PIN - 600003

¶37

2 THE DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM, PIN - 695014

¶38

3 THE SENIOR DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM, PIN - 695014

¶39

BY ADV K.S.PRENJITH KUMAR

¶40

RESPONDENT/APPLICANT:

¶41

M.LAWRENCE,
AGED 60 YEARS

¶42

OP (CAT) NO.169/2023 & Con. Cases

¶43

 4 2025:KER:23636

¶44

S/O MARIA RAJAIYAN, RETIRED TRACK MAINTAINER/OFFICE
OF THE SENIOR SECTION ENGINEER/PERMANENT
WAY/SOUTHERN RAILWAY, TRIVANDRUM CENTRAL, RESIDING
AT KAMBLAR, PANAMKATTU VILA, MANKARAI P.O,
KANYAKUMARI DISTRICT, PIN - 629157

¶45

THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 19.03.2025,
ALONG WITH OP (CAT).169/2023 AND CONNECTED CASES, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:

¶46

OP (CAT) NO.169/2023 & Con. Cases

¶47

 5 2025:KER:23636

¶48

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶49

PRESENT

¶50

THE HONOURABLE MR. JUSTICE AMIT RAWAL

¶51

&

¶52

THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR

¶53

WEDNESDAY, THE 19TH DAY OF MARCH 2025 / 28TH PHALGUNA, 1946

¶54

OP (CAT) NO. 149 OF 2023

¶55

PETITIONER/RESPONDENT:

¶56

1UNION OF INDIA ,
REPRESENTED BY THE GENERAL MANAGER, SOUTHERN
RAILWAY, HEADQUARTERS OFFICE, PARK TOWN – P.O.
CHENNAI, PIN - 600003

¶57

2 THE DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM, PIN - 695014

¶58

3 THE SENIOR DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM, PIN - 695014

¶59

SRI.T.V.VINU - CGC

¶60

RESPONDENTS/APPLICANT:

¶61

1 KRISHNA PRASAD M, AGED 60 YEARS

¶62

S/O MADHAVAN PILLAI, RETD. TRACK MAINTAINER GR. IV,
OFFICE OF THE SENIOR SECTION ENGINEER, PERMANENT
WAY, SOUTHERN RAILWAY, THIRUVANANTHAPURAM. RESIDING
AT KAITHAPRAM, AYACODE, CHERUPPALUR, KANYAKUMARI

¶63

OP (CAT) NO.169/2023 & Con. Cases

¶64

 6 2025:KER:23636

¶65

DISTRICT, PIN - 629161

¶66

2ANPAIAH M,
AGED 60 YEARS
S/O E. MASILAMONY, RETD.TRACK MAINTAINER GR.IV.,
OFFICE OF THE SENIOR SECTION ENGINEER, PERMANENT
WAY, SOUTHERN RAILWAY, THIRUVANANTHAPURAM RESIDING
AT PANDARAVILAI VEEDU, MARUTHANCODE P.O.,
KANYAKUMARI DISTRICT, PIN - 629163

¶67

3 VARGHESE P, AGED 60 YEARS

¶68

S/O PONNIAN, RETD. TRACK MAINTAINER GR.IV, OFFICE OF
THE SENIOR SECTION ENGINEER, PERMANENT WAY, SOUTHERN
RAILWAY, THIRUVANANTHAPURAM, RESIDING AT
NELLIVILAYIL VEEDU, MUDICHEL P.O., KANYAKUMARI
DISTRICT, PIN - 629163

¶69

4 MUTHIAN G, AGED 59 YEARS

¶70

S/O K. GOPALA NADAR, TRACK MAINTAINER GR.IV, OFFICE
OF THE SENIOR SECTION ENGINEER, PERMANENT WAY,
SOUTHERN RAILWAY, THIRUVANANTHAPURAM, RESIDING AT
NADUTHALAVILAI VEEDU, VANNIYUR P.O., KANYAKUMARI
DISTRICT, PIN - 629163

¶71

5 MARIA DHAS S, AGED 58 YEARS

¶72

S/O STANSILAS, TRACK MAINTAINER GR.IV, OFFICE OF THE
SENIOR SECTION ENGINEER, PERMANENT WAY, SOUTHERN
RAILWAY, THIRUVANANTHAPURAN, RESIDING AT NO. 4/123,
UDAIYARVILAI, KATTUVILAI, COLACHEL P.O., KANYAKUMARI
DISTRICT, PIN - 629251

¶73

BY ADVS.
T.C.GOVINDASWAMY
KALA T.GOPI(K/964/2010)
KAILESH T. GOPI(KAR/3547/2022)
MAMATHA S. ANILKUMAR(K/1532/2019)
RAHUL R.(K/1878/2024)

¶74

OP (CAT) NO.169/2023 & Con. Cases

¶75

 7 2025:KER:23636

¶76

THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 19.03.2025,
ALONG WITH OP (CAT).169/2023 AND CONNECTED CASES, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:

¶77

OP (CAT) NO.169/2023 & Con. Cases

¶78

 8 2025:KER:23636

¶79

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶80

PRESENT

¶81

THE HONOURABLE MR. JUSTICE AMIT RAWAL

¶82

&

¶83

THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR

¶84

WEDNESDAY, THE 19TH DAY OF MARCH 2025 / 28TH PHALGUNA, 1946

¶85

OP (CAT) NO. 168 OF 2023

¶86

PETITIONERS/RESPONDENT:

¶87

1UNION OF INDIA,
REPRESENTED BY THE GENERAL MANAGER, SOUTHERN
RAILWAY, HEADQUARTERS OFFICE, PARK TOWN – P.O.
CHENNAI – 600 003.

¶88

2 THE DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM – 695 014.

¶89

3 THE SENIOR DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM, PIN - 695014

¶90

SRI.T.V.VINU CGC

¶91

RESPONDENTS/APPLICANT:

¶92

1 D.KASPER, AGED 56 YEARS

¶93

S/O DAVEEDU, TRACK MAINTAINER GR.II (ERANIEL RS PO)
SOUTHERN RAILWAY, OFFICE OF THE SENIOR SECTION
ENGINEER, PERMANENT WAY/THIRUVANANTHAPURAM RESIDING
AT: INDIRA STREET, MELE PERUVILAI, ASARIPALLAM

¶94

OP (CAT) NO.169/2023 & Con. Cases

¶95

 9 2025:KER:23636

¶96

KANYAKUMARI DISTRICT-629 201.

¶97

2M.SANKARAN,
AGED 56 YEARS
S/O MAYANDI, TRACK MAINTAINER GR.II, SOUTHERN
RAILWAY, NAGARCOIL TOWNR.S RESIDING AT:
KALIKAMANAINAR THERU, PALAYAMKOTTAI
THIRUNELVELI – 627 002.

¶98

BY ADVS.
T.C.GOVINDASWAMY
KALA T.GOPI(K/964/2010)
KAILESH T. GOPI(KAR/3547/2022)
MAMATHA S. ANILKUMAR(K/1532/2019)
RAHUL R. NAIR(K/2166/2019)

¶99

THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 19.03.2025,
ALONG WITH OP (CAT).169/2023 AND CONNECTED CASES, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:

¶100

OP (CAT) NO.169/2023 & Con. Cases

¶101

 10 2025:KER:23636

¶102

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶103

PRESENT

¶104

THE HONOURABLE MR. JUSTICE AMIT RAWAL

¶105

&

¶106

THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR

¶107

WEDNESDAY, THE 19TH DAY OF MARCH 2025 / 28TH PHALGUNA, 1946

¶108

OP (CAT) NO. 172 OF 2023

¶109

(AGAINST THE JUDGMENT DATED 15.2.2023 IN O.A.NO.44 OF 2017 OF
CENTRAL ADMINISTRATIVE TRIBUNAL)

¶110

PETITIONERS/RESPONDENT:

¶111

1UNION OF INDIA,
REPRESENTED BY THE GENERAL MANAGER, SOUTHERN
RAILWAY, HEADQUARTERS OFFICE, PARK TOWN – P.O.
CHENNAI – 600 003, PIN - 600003

¶112

2THE DIVISIONAL RAILWAY MANAGER,
SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM –
695 014, PIN - 695014

¶113

3THE SENIOR DIVISIONAL PERSONNEL OFFICER,
SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM –
695 014, PIN – 695014

¶114

SRI.T.V.VINU - CGC

¶115

RESPONDENTS/APPLICANT:

¶116

1 CHELLIAH K, AGED 60 YEARS

¶117

OP (CAT) NO.169/2023 & Con. Cases

¶118

 11 2025:KER:23636

¶119

(RETD. TRACK MAINTAINER GR.III, SOUTHERN RAILWAY,
OFFICE OF THE SENIOR SECTION ENGINEER, PERMANENT
WAY/NAGERCOIL JUNCTION) RESIDING AT: HOUSE NO.1/A,
EDAYAN VILAI, KANYAKUMARI DISTRICT, PIN - 629703

¶120

2THANGAVEL,
AGED 60 YEARS
(RETD. TRACK MAINTAINER GR.III, SOUTHERN RAILWAY
OFFICE OF THE SENIOR SECTION ENGINEER, PERMANENT
WAY/ NAGERCOIL JUNCTION). RESIDING AT: VELLAYANTHOPE
CHANTHAYADI P.O, KANYAKUMARI DISTRICT -629 703.

¶121

BY ADVS.
T.C.GOVINDASWAMY
KALA T.GOPI(K/964/2010)
KAILESH T. GOPI(KAR/3547/2022)
MAMATHA S. ANILKUMAR(K/1532/2019)
RAHUL R.(K/1878/2024)

¶122

THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 19.03.2025,
ALONG WITH OP (CAT).169/2023 AND CONNECTED CASES, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:

¶123

OP (CAT) NO.169/2023 & Con. Cases

¶124

 12 2025:KER:23636

¶125

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶126

PRESENT

¶127

THE HONOURABLE MR. JUSTICE AMIT RAWAL

¶128

&

¶129

THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR

¶130

WEDNESDAY, THE 19TH DAY OF MARCH 2025 / 28TH PHALGUNA, 1946

¶131

OP (CAT) NO. 188 OF 2023

¶132

(AGAINST THE JUDGMENT DATED 15.2.2023 IN O.A.NO.180/00529/2017
ISSUED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH

¶133

PETITIONERS/RESPONDENT:

¶134

1UNION OF INDIA ,
REPRESENTED BY THE GENERAL MANAGER, SOUTHERN
RAILWAY, HEADQUARTERS OFFICE, PARK TOWN – P.O.
CHENNAI, PIN - 600003

¶135

2 THE DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM, PIN - 695014

¶136

3 THE SENIOR DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM, PIN - 695014

¶137

BY ADV K.S.PRENJITH KUMAR

¶138

RESPONDENTS/APPLICANTS:

¶139

1 HENRY LAWRENCE, AGED 61 YEARS

¶140

OP (CAT) NO.169/2023 & Con. Cases

¶141

 13 2025:KER:23636

¶142

S/O LUKOSE, (RETD. TRACK MAINTAINER, OFFICE OF THE
SECTION ENGINEER, PERMANENT WAY /SOUTHERN RAILWAY/
THIRUVANANTHAPURAM) RESIDING AT: 'SHIJILA BHAVAN',
ELANTHOTTAM, DHANUVACHAPURAM P.O, NEYATTINKARA
TALUK, THIRUVANANTHAPURAM, PIN - 695503

¶143

2C.PONNAIYYAN,
AGED 61 YEARS
S/O CHELLAPPAN, (RETD. TRACK MAINTAINER., OFFICE OF
THE SECTION ENGINEER, PERMANENT WAY/ SOUTHERN
RAILWAY/ THIRUVANANTHAPURAM). RESIDING AT:
MANJADI ROADARIKATHU VEEDU, PARASUVIACKAL
P.O.,THIRUVANANTHAPURAM, PIN – 695508

¶144

T.C.GOVINDASWAMY

¶145

THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 19.03.2025,
ALONG WITH OP (CAT).169/2023 AND CONNECTED CASES, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:

¶146

OP (CAT) NO.169/2023 & Con. Cases

¶147

 14 2025:KER:23636

¶148

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶149

PRESENT

¶150

THE HONOURABLE MR. JUSTICE AMIT RAWAL

¶151

¶152

THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR

¶153

WEDNESDAY, THE 19TH DAY OF MARCH 2025 / 28TH PHALGUNA, 1946

¶154

OP (CAT) NO. 121 OF 2024

¶155

(AGAINST THE ORDER DATED 15.5.2023 IN O.A.NO.180/00228/2021
ISSUED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH

¶156

PETITIONERS/RESPONDENTS:

¶157

1 UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, HEADQUARTERS OFFICE, CHENNAI, PIN - 600003

¶158

2 THE SENIOR DIVISIONAL PERSONNEL OFFICER SOUTHERN RAILWAY, TRIVANDRUM DIVISION, THIRUVANANTHAPURAM, PIN - 695614

¶159

BY ADVS.
SHRI.V.GIRISHKUMAR

¶160

SRI.T.V.VINU - CGC

¶161

RESPONDENT/APPLICANT:

¶162

S.SINGARAYAN,
S/O SWAMIADIYAN, TRACK MAINTAINER, SECTION
ENGINEER/PERMANENT WAY/ NAGERCOIL, SOUTHERN RAILWAY,

¶163

OP (CAT) NO.169/2023 & Con. Cases

¶164

 15 2025:KER:23636

¶165

TRIVANDRUM DIVISSION PERMANENT ADDRESS: ELANTHAYADI
VILA, AGASTHEESWARAM P.O, KANYAKUMARI DISTRICT,
TAMIL NADU, PIN – 629702

¶166

SRI.MARTIN G.THOTTAN

¶167

THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 19.03.2025,
ALONG WITH OP (CAT).169/2023 AND CONNECTED CASES, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:

¶168

OP (CAT) NO.169/2023 & Con. Cases

¶169

 16 2025:KER:23636

¶170

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶171

PRESENT

¶172

THE HONOURABLE MR. JUSTICE AMIT RAWAL

¶173

¶174

THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR

¶175

WEDNESDAY, THE 19TH DAY OF MARCH 2025 / 28TH PHALGUNA, 1946

¶176

OP (CAT) NO. 166 OF 2024

¶177

AGAINST THE ORDER DATED 31.10.2023 IN OA NO.155 OF 2020
OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH

¶178

PETITIONERS/RESPONDENTS:

¶179

1UNION OF INDIA
REPRESENTED BY THE GENERAL MANAGER, SOUTHERN
RAILWAY, HEADQUARTERS OFFICE PARK TOWN - P.O.
CHENNAI, PIN - 600003

¶180

2THE SENIOR DIVISIONAL PERSONNEL OFFICER,
SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM -,
PIN - 695014

¶181

BY ADV C.DINESH

¶182

RESPONDENT/APPLICANT:

¶183

G. PURUSHOTHAMAN
AGED 59 YEARS

¶184

S/O GANAPATHI ASARI, WORKING AS MARKER, PARCEL
OFFICE, TRIVANDRUM CENTRAL, TRIVANDRUM DIVISION,
SOUTHERN RAILWAY, RESIDING AT THEKKEVEETTUVILLAY,
PACODE P.O KANYAKUMARI DISTRICT, PIN - 629168

¶185

OP (CAT) NO.169/2023 & Con. Cases

¶186

 17 2025:KER:23636

¶187

THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 19.03.2025,
ALONG WITH OP (CAT).169/2023 AND CONNECTED CASES, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:

¶188

OP (CAT) NO.169/2023 & Con. Cases

¶189

 18 2025:KER:23636

¶190

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶191

PRESENT

¶192

THE HONOURABLE MR. JUSTICE AMIT RAWAL

¶193

¶194

THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR

¶195

WEDNESDAY, THE 19TH DAY OF MARCH 2025 / 28TH PHALGUNA, 1946

¶196

OP (CAT) NO. 24 OF 2025

¶197

AGAINST THE ORDER DATED 31.10.2023 IN OA NO.157 OF 2020
OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH

¶198

PETITIONERS/RESPONDENTS:

¶199

1UNION OF INDIA
REPRESENTED BY THE GENERAL MANAGER, SOUTHERN
RAILWAY, HEADQUARTERS OFFICE, PARK TOWN -P.O.
CHERMAI, PIN - 600003

¶200

2THE SENIOR DIVISIONAL PERSONNEL OFFICER
SOUTHERN RAILWAY, TRIVANDNM DIVISION, TRIVANDRUM,
PIN - 695014

¶201

BY ADV C.DINESH

¶202

RESPONDENTS/APPLICANTS:

¶203

1 S. MURUGAN AGED 55 YEARS

¶204

S/O. V. SUBBAIH, WORKING AS TRACK MAINTAINER,
SSE/P.WAY/NAGERCOIL, TRIVANDRUM DIVISION, SOUTHERN
RAILWAY. RESIDING AT 25/13 VALLUVAR STREET, KAKKAM

¶205

OP (CAT) NO.169/2023 & Con. Cases

¶206

 19 2025:KER:23636

¶207

NAGAR, THIRMMARAJAPURAM P.O., TIRUNELVELI., PIN -
627353

¶208

2S. MURUGANANTHAM
AGED 61 YEARS
S/O. SUBBIAHTHEVAR, RETIRED TRACK MAINTAINER,
SSE/P.WAY, NAGERCOIL, TRIVANDRUM DIVISION, SOUTHERN
RAILWAY, RESIDING AT 114-A, RADHAPURAM, VALLIUR
P.O., TIRUNELVELI DISTRICT., PIN - 627117

¶209

3P. MURUGAN
AGED 57 YEARS
S/O. PANDARAM, WORKING AS TRACK MAINTAINER,
SSE/P.WAY/NAGERCOIL, TRIVANDRUM DIVISION, SOUTHERN
RAILWAY, RESIDING AT 11/9, PERUMAL KOIL STREET,
SENTHIMANGALAM, CHATHRAPUTHUKULAM, THACHANALLUR,
TIRUNELVELI, PIN - 627358

¶210

4K. ESAKKAMUTHU
AGED 59 YEARS
S/O. KOMBA THEVAR,WORKING AS TRACK MAINTAINER,
SSE/P.WAY/NAGERCOIL, TRIVANDRUM DIVISION, SOUTHERN
RAILWAY. RESIDING AT 5, MIDDILE STREET, SENGULAM
POST, TIRUNELVELI DISTRICT, PIN - 627152

¶211

SRI.MARTIN G.THOTTAN

¶212

THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 19.03.2025,
ALONG WITH OP (CAT).169/2023 AND CONNECTED CASES, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:

¶213

OP (CAT) NO.169/2023 & Con. Cases

¶214

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¶215

JUDGMENT

¶216

[OP (CAT) Nos.149/2023, 138/2023, 168/2023,
169/2023, 172/2023, 188/2023, 166/2024
24/2025 & 121/2024]

¶217

AMIT RAWAL, J.

¶218

The controversy involved in these cases are with regard to

¶219

the retrenchment of some project casual labourers. The retrenchment was the subject matter of consideration before the Apex Court in Inderpal Yadav and Others Vs. Union of India [1985 SCC (L&S) 526] and connected cases, whereby the Apex Court has directed the Railways to prepare a divisional list of all project casual labourers in each Division of the Railways who had been retrenched after the cutoff date mentioned and directed to consider them for future engagement. In obedience to the directions in Inderpal Yadav (Supra), notifications dated 27.01.2003 and 18.02.2003 were issued inviting applications to fill up the vacancies to the post of Trackmen. All the applicants were called upon for the document verification and

¶220

OP (CAT) NO.169/2023 & Con. Cases

¶221

 21 2025:KER:23636

¶222

medical examination. After medical examination, the applicants were appointed as Track Maintainers. It is a matter of record that few of them were appointed after 01.01.2004, therefore, could not have been brought under the Old Pension Scheme.

¶223

This Court, in the judgment dated 04.04.2023 in O.P(CAT)No.79 of 2022, held that since the Railway caused delay in issuing the appointment orders from 2003 till 2004, the same could not be used against the applicants to deny the benefit of the old Pension Scheme as the New Pension Scheme has come into force with effect from 01.01.2004.

¶224

The aforementioned judgment dated 04.04.2023 was assailed before the Supreme Court in S.L.P.No.24719 of 2023 which has been dismissed vide order dated 29.01.2025.

¶225

This Court noticing the fact that the matter is pending before the Supreme Court, had been adjourning the hearing. The decision of the Central Administrative Tribunal in all these cases are

¶226

OP (CAT) NO.169/2023 & Con. Cases

¶227

 22 2025:KER:23636

¶228

based on the same ratio culled out by this Court in O.P(CAT)No.79 of 2022 dated 04.04.2023.

¶229

In view of the fact that the S.L.P. has been dismissed, we are of the view that there is no merit in the matter. Therefore the order of the Central Administrative Tribunal is upheld, consequently the

¶230

original petitions stand dismissed.

¶231

Sd/-

¶232

AMIT RAWAL JUDGE

¶233

 Sd/-

¶234

K. V. JAYAKUMAR
JUDGE

¶235

MC/20.3

¶236

OP (CAT) NO.169/2023 & Con. Cases

¶237

 23 2025:KER:23636

¶238

APPENDIX OF OP (CAT) 169/2023

¶239

PETITIONER ANNEXURES

¶240

Annexure A1TRUE COPY OF THE ORDER BEARING NO.
V/P407/I/ECL/VOL.XI (PILOT I) DATED
10.05.2010 ISSUED BY THE 3RD RESPONDENT IN
O.A.

¶241

Annexure A2TRUE COPY OF THE ORDER IN O.A.
NO.1032/2011 DATED 31.07.2012 RENDERED BY
THE TRIBUNAL

¶242

Annexure A3TRUE COPY OF THE ORDER IN O.A. NO.784/2012
DATED 10.02.2015 RENDERED BY THE TRIBUNAL
Annexure A4TRUE COPY OF THE JUDGMENT IN OP(CAT)
NO.138/2014 AND CONNECTED CASES DATED
21.12.2016

¶243

Annexure A5TRUE COPY OF REPRESENTATION SUBMITTED BY
THE APPLICANT DATED 26.06.2O17, ADDRESSED
TO THE 3RD RESPONDENT IN O.A.

¶244

Annexure R1TRUE COPY OF THE TYPED CASUAL LABOUR CARDS
OF THE APPLICANT IN O.A.

¶245

Exhibit P1A TRUE COPY OF ORIGINAL APPLICATION IN
O.A.NO.180/00638/2017, DATED 27.07.2017
FILED BY THE RESPONDENT HEREIN

¶246

Exhibit P2A TRUE COPY OF THE REPLY STATEMENT IN
O.A.NO.180/00638/2017 DATED 10.04.2018
FILED BY THE PETITIONERS HEREIN

¶247

Exhibit P3A TRUE COPY OF THE COMMON ORDER DATED
15.02.2023 IN O.A. NO.180/00638/2017,
ISSUED BY THE CENTRAL ADMINISTRATIVE
TRIBUNAL, ERNAKULAM BENCH

¶248

OP (CAT) NO.169/2023 & Con. Cases

¶249

 24 2025:KER:23636

¶250

APPENDIX OF OP (CAT) 138/2023

¶251

PETITIONER ANNEXURES

¶252

Annexure A1TRUE COPY OF THE ORDER DATED 3RD APRIL
2009 IN OA NO. 769 OF 2007 OF HON'BLE CAT
ERNAKULAM BENCH

¶253

Annexure A2TRUE COPY OF THE ORDER BEARING
NO.73/2009/WP DATED 03.06.2009 ISSUED IN
FAVOUR OF THE APPLICANT BY THE 3RD
RESPONDENT IN OA

¶254

Annexure A3TRUE COPY OF THE ORDER IN OA NO. 1032 OF
2011 DATED 31.07.2012 RENDERED BY THE
HON'BLE CAT ERNAKULAM BENCH

¶255

Annexure A4TRUE COPY OF THE ORDER IN OA NO. 784 OF
2012 DATED 10.02.2015 RENDERED BY THE
HON'BLE CAT ERNAKULAM BENCH

¶256

Annexure A5TRUE COPY OF THE JUDGMENT IN OP(CAT) NO.
138 OF 2014 AND CONNECTED CASES DATED
21.12.2016

¶257

Annexure A6TRUE COPY OF THE MEMORANDUM
NO.V/P.407/I/CL/ENGG./COURT CASES DATED
20.03.2018 ISSUED BY THE 3RD RESPONDENT IN
OA

¶258

Annexure A7TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE APPLICANT DATED 30.09.2017
ADDRESSED TO THE 3RD RESPONDENT IN OA

¶259

Exhibit P1TRUE COPY OF THE OA NO.428/2018 FILED BY
THE RESPONDENT HEREIN BEFORE THE HON’BLE
CAT ERNAKULAM BENCH

¶260

Exhibit P2TRUE COPY OF THE REPLY STATEMENT FILED BY
THE PETITIONERS HEREIN BEFORE THE CAT,

¶261

OP (CAT) NO.169/2023 & Con. Cases

¶262

 25 2025:KER:23636

¶263

ERNAKULAM BENCH IN OA NO. 428/2018

¶264

Exhibit P3

¶265

TRUE COPY OF THE ORDER DATED 20.10.2022 IN
OA NO.424/2018 OF THE HON’BLE CAT
ERNAKULAM BENCH

¶266

OP (CAT) NO.169/2023 & Con. Cases

¶267

 26 2025:KER:23636

¶268

APPENDIX OF OP (CAT) 168/2023

¶269

PETITIONER ANNEXURES

¶270

Annexure A1TRUE COPY OF THE OFFICE ORDER BEARING NO.
120/2004/WP DATED 11.10.2004 ISSUED ON
BEHALF OF THE 3RD RESPONDENT IN OA
Annexure A2TRUE COPY OF THE ORDER IN OA NO. 1032/2011
DATED 31.07.2012 RENDERED BY THE HON'BLE
TRIBUNAL

¶271

Annexure A3TRUE COPY OF THE ORDER IN OA NO. 784/2012
DATED 10.02.2015 RENDERED BY THE CAT
ERNAKULAM BENCH

¶272

Annexure A4TRUE COPY OF THE JUDGMENT IN OP (CAT) NO.
138/2014 AND CONNECTED CASES DATED
21.12.2016

¶273

Annexure A5TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE 1ST APPLICANT DATED 28.03.2017 ,
ADDRESSED TO THE 3RD RESPONDENT

¶274

Annexure A6TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE 2ND APPLICANT DATED 28.03.2017
ADDRESSED TO THE 3RD RESPONDENT

¶275

Annexure R1TRUE EXTRACT OF THE NOTIFICATION
NO.V/P.407/I/ECL/VOL.X DATED 03.07.2003
PUBLISHED IN 'MATHRUBHUMI' AND 'THE HINDU'
NEWSPAPERS DATED 17.07.2003 AND 15.07.2003
RESPECTIVELY

¶276

Annexure R2TRUE COPY OF THE MEDICAL CERTIFICATE DATED
01.09.2004 ISSUED IN FAVOUR OF THE
APPLICANTS
Annexure R3TRUE COPY OF THE MERGED SENIORITY LIST
SHOWING POSITION OF THE APPLICANTS

¶277

OP (CAT) NO.169/2023 & Con. Cases

¶278

 27 2025:KER:23636

¶279

Exhibit P1A TRUE COPY OF THE ORIGINAL APPLICATION
O.A.NO.180/00407/2017 DATED 19.05.2017
FILED BY THE RESPONDENTS

¶280

Exhibit P2A TRUE COPY OF THE REPLY STATEMENT IN
O.A.NO.180/00407/2017 DATED 06.11.2017
FILED BY THE PETITIONERS HEREIN,

¶281

Exhibit P3TRUE COPY OF THE STATEMENT FILED BY THE
RESPONDENTS IN OA

¶282

Exhibit P4A TRUE COPY OF THE COMMON ORDER DATED
15.02.2023 IN O.A.NO.180/00407/2017 ISSUED
BY THE CENTRAL ADMINISTRATIVE TRIBUNAL,
ERNAKULAM BENCH

¶283

OP (CAT) NO.169/2023 & Con. Cases

¶284

 28 2025:KER:23636

¶285

APPENDIX OF OP (CAT) 149/2023

¶286

PETITIONER ANNEXURES

¶287

Annexure A1TRUE COPY OF THE ORDER BEARING
NO.146/2008/WP DATED 04.08.2008 ISSUED IN
FAVOUR OF THE 1ST AND 5TH APPLICANTS, BY
THE 3RD RESPONDENT IN O.A.
Annexure A2TRUE COPY OF THE ORDER BEARING NO.
163/2008/WP DATED 27.08.2008, ISSUED BY
THE THIRD RESPONDENT IN O.A. AS REGARDS
THE 2ND AND 3RD APPLICANTS.

¶288

Annexure A3TRUE COPY OF THE ORDER IN OA NO.1032/2011
DATED 31.07.2012, RENDERED BY THE
TRIBUNAL.

¶289

Annexure A4TRUE COPY OF THE ORDER IN O.A.NO.784/2012
DATED 10.02.2015 RENDERED BY THE TRIBUNAL.

¶290

Annexure A5TRUE COPY OF THE JUDGMENT IN OP (CAT)
NO.138/2014 AND CONNECTED CASES DATED
21.12.2016.

¶291

Annexure A6TRUE COPY OF REPRESENTATION SUBMITTED BY
THE APPLICANTS DATED 05.02.2017, ADDRESSED
TO THE 3RD RESPONDENT IN O.A.
Exhibit P1TRUE COPY OF THE ORIGINAL APPLICATION IN
O.A.NO.180/00666/2017, DATED 03.08.2017
FILED BY THE RESPONDENTS HEREIN
Exhibit P2TRUE COPY OF THE REPLY STATEMENT IN
O.A.NO.180/00666/2017 DATED 28.05.2018
FILED BY THE PETITIONERS HEREIN

¶292

Exhibit P3TRUE COPY OF THE ADDITIONAL REPLY
STATEMENT IN O.A.NO.180/00666/2017 DATED
23.11.2018, FILED BY THE PETITIONERS

¶293

OP (CAT) NO.169/2023 & Con. Cases

¶294

 29 2025:KER:23636

¶295

HEREIN

¶296

Exhibit P4

¶297

TRUE COPY OF THE COMMON ORDER DATED
15.02.2023 IN O.A.NO.180/00666/2017 ISSUED
BY THE CENTRAL ADMINISTRATIVE TRIBUNAL,
ERNAKULAM BENCH

¶298

OP (CAT) NO.169/2023 & Con. Cases

¶299

 30 2025:KER:23636

¶300

APPENDIX OF OP (CAT) 172/2023

¶301

PETITIONER ANNEXURES

¶302

Annexure A1TRUE COPY OF THE ORDER BEARING NO.
V/P407/I/I/ECL/VOL.XI(PILOT 6) DATED
23.10.2009 ISSUED FROM THE OFFICE OF THE
3RD RESPONDENT

¶303

Annexure A2TRUE COPY OF THE ORDER IN OA NO. 1032/2011
DATED 31.07.2012, RENDERED BY THE HON'BLE
TRIBUNAL
Annexure A3TRUE COPY OF THE ORDER IN OA NO. 784/2012
DATED 10.02.2015 RENDERED BY THE HON'BLE
TRIBUNAL
Annexure A4TRUE COPY OF REPRESENTATION SUBMITTED BY
THE APPLICANT DATED 15.11.2016, ADDRESSED
TO THE 3RD RESPONDENT
Annexure A5TRUE COPY OF REPRESENTATION SUBMITTED BY
THE APPLICANT DATED 07.06.2016 ADDRESSED
TO THE 3RD RESPONDENT

¶304

Exhibit P1A TRUE COPY OF THE ORIGINAL APPLICATION
O.A.NO.180/00044/2017 DATED 12.01.2017
FILED BY THE RESPONDENTS HEREIN

¶305

Exhibit P2A TRUE COPY OF THE REPLY STATEMENT IN
O.A.NO.180/00044/2017 DATED 18.01.2018
FILED BY THE PETITIONERS HEREIN,

¶306

Exhibit P3A TRUE COPY OF THE COMMON ORDER DATED
15.02.2023 IN O.A.NO.44/2017 ISSUED BY THE
CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM
BENCH

¶307

OP (CAT) NO.169/2023 & Con. Cases

¶308

 31 2025:KER:23636

¶309

APPENDIX OF OP (CAT) 188/2023

¶310

PETITIONER ANNEXURES

¶311

Annexure A1TRUE COPY OF THE ORDER BEARIN
GNO.133/2008/WP DATED 15.07.2008 ISSUED IN
FAVOUR OF THE 2ND APPLICANT BY THE THRID
RESPONDENT

¶312

Annexure A2TRUE COPY OF THE ORDER IN OA NO. 1032/2011
DATED 31.07.2012, RENDERED BY THIS HON'BLE
TRIBUNAL
Annexure A3TRUE COPY OF THE ORDER IN OA NO. 784 OF
2012 DATED 10.02.2015 RENDERED BY THIS
HON'BLE TRIBUNAL
Annexure A4TRUE COPY OF THE JUDGMENT IN OP(CAT)
NO.138/2014 AND CONNECTED CASES DATED
21.12.2016

¶313

Annexure A5TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE APPLICANTS DATED 28.03.2017
ADDRESSED TO THE 3RD RESPONDENT

¶314

Annexure R1TRUE COPY OF THE PRESS NOTIFICATION NO.
V/P.407/1/ECL/VOL.X. DATED 03.07.2003.

¶315

Annexure R2TRUE COPY OF THE RBE NO.225/2003 DATED
31.12.2003
Annexure R3TRUE COPY OF THE MERGED SENIORITY LIST
SHOWING THE POSITION OF THE APPLICANTS
ALONG WITH TYPED COPY

¶316

Exhibit P1A TRUE COPY OF THE ORIGINAL APPLICATION
O.A.NO.180/00529/2017 DATED 25.06.2017
FILED BY THE RESPONDENTS HEREIN

¶317

Exhibit P2A TRUE COPY OF THE REPLY STATEMENT IN

¶318

OP (CAT) NO.169/2023 & Con. Cases

¶319

 32 2025:KER:23636

¶320

O.A.NO.180/00529/2017 DATED 17.07.2018
FILED BY THE PETITIONERS HEREIN

¶321

Exhibit P3A TRUE COPY OF THE STATEMENT FILED BY THE
RESPONDENTS IN OA NO. 529 OF 2017

¶322

Exhibit P4A TRUE COPY OF THE ARGUMENT NOTE DATED
27.11.2018 FILED ON BEHALF OF THE
PETITIONERS HEREIN BEFORE THE TRIBUNAL

¶323

Exhibit P5

¶324

A TRUE COPY OF THE COMMON ORDER DATED
15.02.2023 IN O.A.NO.180/00529/2017 ISSUED
BY THE CENTRAL ADMINISTRATIVE TRIBUNAL,
ERNAKULAM BENCH

¶325

OP (CAT) NO.169/2023 & Con. Cases

¶326

2025:KER:23636

¶327

APPENDIX OF OP (CAT) 121/2024

¶328

PETITIONER ANNEXURES

¶329

Annexure A1TRUE COPY OF THE ORDER IN OA NO. 739 OF
2010 DATED 30.09.2011
Annexure A2TRUE COPY OF THE ORDER DATED 28.03.2017 IN
OA NO.1010 OF 2014
Annexure A3TRUE COPY OF THE REPRESENTATION DATED
04.01.2020 SUBMITTED BY THE RESPONDENT
HEREIN
Annexure A4TRUE COPY OF THE ORDER PASSED BY THIS
HON'BLE TRIBUNAL IN OA NO. 271 OF 2006 AND
CONNECTED CASES.
Annexure A5TRUE COPY OF THE AFFIDAVIT FILED BY THE
2ND PETITIONER HEREIN BEFORE THE HON'BLE
HIGH COURT OF KERALA IN OP(CAT) NO. 222 OF
2020

¶330

Annexure A6TRUE COPY OF THE MEMORANDUM BEARING NO.
V/P.407/I/CL/ENGG/COURT CASES DATED
23.03.2018

¶331

Annexure R1TRUE COPY OF THE OFFICER ORDER NO.
120/2004/WP DATED 11.10.2004

¶332

Exhibit P1TRUE COPY OF THE ORIGINAL APPLICATION IN
O.A.NO. 180/00228/2021, DATED 24.04.2021
FILED BY THE RESPONDENT HEREIN

¶333

Exhibit P2TRUE COPY OF THE APPLICATION MA/180/962 OF
2022 DATED 21.11.2022

¶334

Exhibit P3A TRUE COPY OF THE REPLY STATEMENT IN
O.A.NO. 180/00228/2021 DATED 18.08.2021
FILED BY THE PETITIONERS HEREIN

¶335

OP (CAT) NO.169/2023 & Con. Cases

¶336

 34 2025:KER:23636

¶337

Exhibit P4

¶338

A TRUE COPY OF THE ORDER DATED 15.05.2023
IN O.A.NO. 180/00228/2021 ISSUED BY THE
CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM
BENCH

¶339

OP (CAT) NO.169/2023 & Con. Cases

¶340

 35 2025:KER:23636

¶341

APPENDIX OF OP (CAT) 166/2024

¶342

PETITIONER ANNEXURES

¶343

Annexure A1A TRUE EXTRACT COPY OF THE OFFICE ORDER
BEARING NO.120/2004 /WP DATED 11.10.2004.

¶344

Annexure A2TRUE COPY OF THE REPRESENTATION DATED
15.09.2018 SUBMITTED BY THE APPLICANT.

¶345

Annexure A3TRUE COPY OF THE RAILWAY BOARD ORDERS
ALONG WITH COVERING LETTER DATED
14.01.2020.

¶346

Annexure R1TRUE COPY OF THE RELEVANT PORTION OF THE
ORDER IN WRIT-A NO. 1006 OF 2016 DATED
04.02.2016 BEFORE THE HON'BLE HIGH COURT
OF JUDICATURE AT ALLAHABAD.

¶347

Exhibit P1A TRUE COPY OF THE ORIGINAL
APPLICATION.A.NO.18O/00155/2020 DATED
04.03.2020 FILED BY THE RESPONDENTS

¶348

Exhibit P2A TRUE COPY OF THE REPLY STATEMENT IN
O.A.NO.180/00155/2020 DATED 03.05.2021
FILED BY THE PETITIONERS

¶349

Exhibit P3A TRUE COPY OF THE COININON ORDER DATED
31.10.2023 IN O.A.NO.180/00155/2020 ISSUED
BY THE CENTRAL ADMINISTRATIVE TRIBUNAL,
ERNAKULAM BENCH

¶350

OP (CAT) NO.169/2023 & Con. Cases

¶351

 36 2025:KER:23636

¶352

APPENDIX OF OP (CAT) 24/2025

¶353

PETITIONER ANNEXURES

¶354

`Annexure A 1`	`A TRUE COPY OF THE OFRICE ORDER BEARING` `NO.120/2004/WP DATED 11.10.2004.`
`Annexure A2(a)`	`TRUE COPY OF THE REPRESENTATION DATED` `25.08.2018 SUBMITTED BV THE FIRST` `APPLICANT`
`Annexure A2(b)`	`TRUE COPY OF THE REPRESENTATION DATED` `16.07.2018 SUBMITTED BV THE 2ND APPLICANT.`
`Annexure A2(c)`	`TRUE COPY OF THE REPRESENTATION DATED` `25.08.2018 SUBMITTED BV THE 3RD APPLICANT.`
`Annexure A2(d)`	`TRUE COPY OF THE REPRESENTATION DATED` `15.12.2018 SUBMITTED BV THE 4TH APPLICANT`
`Annexure A3`	`TRUE COPY OF THE RAILWAY BOARD ORDERS` `ALONG WITH COVERING LETTER DATED 14.1.2020`
`Exhibit P1`	`A TRUE COPY OF THE ORIGINAL APPLICATION` `O.A.NO.180/00157/2020 DATED 04.03.2020` `FILED BY THE RESPONDENT`
`Exhibit P2`	`A TRUE COPY OF THE REPLY STATEMENT IN` `O.A.NO.180/00157/2020 DATED 05.07.2021` `FILED BY THE PETITIONERS`
`Exhibit P3`	`A TRUE COPY OF THE COMMON ORDER DATED` `31.10.2023 IN O.A.NO.180/00157RE020 ISSUED` `BY THE CENTRAL ADMINISTRATIVE TRIBUNAL,` `ERNAKULAM BENCH`

Procedural history

How this case reached the court

AI extract

Order under challenge
Decisions of the Central Administrative Tribunal, Ernakulam Bench in favour of the retired Track Maintainer applicants, challenged by the Union of India/Southern Railway officials in these original petitions — lead case: order dated 15.02.2023 in O.A. No.638 of 2017; connected orders include that dated 20.10.2022 in O.A.No.180/00424/2018, judgments dated 15.2.2023 in O.A.No.44 of 2017 and O.A.NO.180/00529/2017, order dated 15.5.2023 in O.A.NO.180/00228/2021, and orders dated 31.10.2023 in OA Nos. 155 and 157 of 2020.¶10
Central Administrative Tribunal, Ernakulam Bench · 15.02.2023
Prior proceeding
Retrenchment of project casual labourers was considered by the Apex Court in Inderpal Yadav v. Union of India [1985 SCC (L&S) 526] and connected cases; the Railways were directed to prepare divisional lists of retrenched project casual labourers and consider them for future engagement.¶219
Prior proceeding
In obedience to the Inderpal Yadav directions, notifications dated 27.01.2003 and 18.02.2003 were issued inviting applications to fill Trackmen vacancies.¶219
Prior proceeding
Applicants were called for document verification and medical examination and were appointed as Track Maintainers.¶222
Prior proceeding
A few applicants were appointed after 01.01.2004 and therefore fell outside the Old Pension Scheme.¶222
Prior proceeding
This Court's judgment dated 04.04.2023 in O.P(CAT)No.79 of 2022 held that the Railway-caused delay in issuing appointment orders from 2003 till 2004 could not be used to deny the applicants the Old Pension Scheme, the New Pension Scheme having come into force from 01.01.2004.¶223
Prior proceeding
The judgment dated 04.04.2023 was assailed before the Supreme Court in S.L.P.No.24719 of 2023, which was dismissed vide order dated 29.01.2025.¶224
Prior proceeding
This Court had been adjourning the hearing in these petitions while the matter was pending before the Supreme Court.¶225
Prior proceeding
The decisions of the Central Administrative Tribunal in all these cases were based on the same ratio culled out by this Court in O.P(CAT)No.79 of 2022 dated 04.04.2023.¶228

Parties & counsel

AI extract

petitioner
Union of India, represented by the General Manager, Southern Railway (Headquarters Office, Park Town, Chennai)¶157
T.V. Vinu (CGC), K.S. Prenjith Kumar, V. Girishkumar, C. Dinesh
petitioner
The Divisional Railway Manager, Southern Railway, Trivandrum Division, Trivandrum¶14
T.V. Vinu (CGC), K.S. Prenjith Kumar, V. Girishkumar, C. Dinesh
petitioner
The Senior Divisional Personnel Officer, Southern Railway, Trivandrum Division, Trivandrum¶15
T.V. Vinu (CGC), K.S. Prenjith Kumar, V. Girishkumar, C. Dinesh
respondent
Charles M (applicant in OP (CAT) No.169/2023)¶18
T.C. Govindaswamy, Kala T. Gopi, Kailesh T. Gopi, Mamatha S. Anilkumar, Rahul R.
respondent
M.Lawrence (applicant in OP (CAT) No.138/2023)¶41
respondent
Krishna Prasad M (applicant in OP (CAT) No.149/2023)¶61
T.C. Govindaswamy, Kala T. Gopi, Kailesh T. Gopi, Mamatha S. Anilkumar, Rahul R.
respondent
Anpaiah M (applicant in OP (CAT) No.149/2023)¶66
T.C. Govindaswamy, Kala T. Gopi, Kailesh T. Gopi, Mamatha S. Anilkumar, Rahul R.
respondent
Varghese P (applicant in OP (CAT) No.149/2023)¶67
T.C. Govindaswamy, Kala T. Gopi, Kailesh T. Gopi, Mamatha S. Anilkumar, Rahul R.
respondent
Muthian G (applicant in OP (CAT) No.149/2023)¶69
T.C. Govindaswamy, Kala T. Gopi, Kailesh T. Gopi, Mamatha S. Anilkumar, Rahul R.
respondent
Maria Dhas S (applicant in OP (CAT) No.149/2023)¶71
T.C. Govindaswamy, Kala T. Gopi, Kailesh T. Gopi, Mamatha S. Anilkumar, Rahul R.
respondent
D.Kasper (applicant in OP (CAT) No.168/2023)¶92
T.C. Govindaswamy, Kala T. Gopi, Kailesh T. Gopi, Mamatha S. Anilkumar, Rahul R. Nair
respondent
M.Sankaran (applicant in OP (CAT) No.168/2023)¶97
T.C. Govindaswamy, Kala T. Gopi, Kailesh T. Gopi, Mamatha S. Anilkumar, Rahul R. Nair
respondent
Chelliah K (applicant in OP (CAT) No.172/2023)¶116
T.C. Govindaswamy, Kala T. Gopi, Kailesh T. Gopi, Mamatha S. Anilkumar, Rahul R.
respondent
Thangavel (applicant in OP (CAT) No.172/2023)¶120
T.C. Govindaswamy, Kala T. Gopi, Kailesh T. Gopi, Mamatha S. Anilkumar, Rahul R.
respondent
Henry Lawrence (applicant in OP (CAT) No.188/2023)¶139
T.C. Govindaswamy
respondent
C.Ponnaiyyan (applicant in OP (CAT) No.188/2023)¶143
T.C. Govindaswamy
respondent
S.Singarayan (applicant in OP (CAT) No.121/2024)¶162
Martin G. Thottan
respondent
G. Purushothaman (applicant in OP (CAT) No.166/2024)¶183
respondent
S. Murugan (applicant in OP (CAT) No.24/2025)¶203
Martin G. Thottan
respondent
S. Muruganantham (applicant in OP (CAT) No.24/2025)¶208
Martin G. Thottan
respondent
P. Murugan (applicant in OP (CAT) No.24/2025)¶209
Martin G. Thottan
respondent
K. Esakkamuthu (applicant in OP (CAT) No.24/2025)¶210
Martin G. Thottan

Coram

AI extract

Amit Rawalauthor¶217
K. V. Jayakumarmember¶234

Union of India v. G. Purushothaman

Case brief

What is this about?

What did the court decide?

Union of India v. G. Purushothaman

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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