Dismissed¶80

Union of India v. K.Retheesh

Kerala HC5 Mar 2025OP (CAT)/254/2019

Case brief

AI extract

What is this about?

OP(CAT) 254/2019; 2025:KER:25241; High Court of Kerala; CAT Ernakulam OA 355/2014; inter-divisional transfer; request transfer; seniority; direct recruitment quota; DR quota vacancies; GDCE; General Departmental Competitive Examination; Assistant Loco Pilot; ALP; Southern Railway; Palakkad Division; Salem Division; paragraph 312 IREM; Indian Railway Establishment Manual Volume I; OA 902/2010; OA 772/2011; MA 1065/2012; RA 180/00012/2019; SLP (CC) 17238/2015; SLP (CC) 18781/2014; Annexure A5 A6 A7; seniority preference; consequential benefits; Tribunal order upheld; OP(CAT) dismissed.

What did the court decide?

None to the petitioners (Union of India/Southern Railway officers); the OP(CAT) was dismissed and the Tribunal's order dated 11.12.2018 in O.A.No.355/2014 stands. ¶80

Union of India Vs K.Retheesh — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

None to the petitioners (Union of India/Southern Railway officers); the OP(CAT) was dismissed and the Tribunal's order dated 11.12.2018 in O.A.No.355/2014 stands.

¶80

Issue for consideration

Whether the 64 applicants - Assistant Loco Pilots registered for inter-divisional (request) transfer from Salem to Palakkad Division - are entitled to be transferred and appointed against direct recruitment (DR) quota vacancies of ALPs in Palakkad Division and assigned seniority in preference to the direct recruits included in Annexures A5, A6 and A7, despite the Railway's contention based on paragraph 312 IREM Vol. I. +1 more

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Court's answer

The OP(CAT) fails and stands dismissed, with the result that the Tribunal's directions - transfer/appointment of the applicants against DR quota vacancies in Palakkad Division in preference to the Annexure A5-A7 direct recruits, seniority in preference to the party respondents, and consequential benefits - stand.

¶80

Ratio / Principle

On perusal of the Tribunal's order and upon hearing the submissions of counsel across the Bar, the Court found no illegality, perversity or fallacy in the Tribunal's order and no good ground for interference.

¶79

Detailed headnote1 paragraphs

Union of India and Southern Railway officers challenged, by OP(CAT) 254/2019 before the High Court of Kerala, the order dated 11.12.2018 of the Central Administrative Tribunal, Ernakulam Bench in O.A.No.355/2014. The Tribunal had allowed 64 applicants - Assistant Loco Pilots of Southern Railway who had registered for inter-divisional transfer from Salem to Palakkad Division - to be transferred and appointed against direct recruitment (DR) quota vacancies and to be assigned seniority in preference to the direct recruits in Annexures A5-A7, with consequential benefits, relying on its earlier orders in OA No.902/2010 and connected cases (17.2.2012) and OA No.772/2011 (17.02.2012) directing priority accommodation of request transferees before fresh recruitment (open market/GDCE). The Railways contended, invoking paragraph 312 of IREM Vol. I, that railway servants transferred at their own request rank below existing/confirmed temporary and officiating staff. The Railways' review application (R.A 180/00012/2019, with M.A 180/00320/2019) resulted in an order dated 2-4-2019, and thereafter the Union preferred this OP(CAT). Finding 'no illegality, perversity, much less fallacy' in the Tribunal's order and no good ground for interference, the Court (judgment by K.V. Jayakumar J.; bench of Amit Rawal and K.V. Jayakumar JJ.) dismissed the OP(CAT).

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2025:KER:25241

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE AMIT RAWAL

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THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR

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WEDNESDAY, THE 5TH DAY OF MARCH 2025 / 14TH PHALGUNA, 1946

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AGAINST THE ORDER DATED 11.12.2018 IN OA NO.355 OF 2014 OF

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CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH

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PETITIONERS/(RESPONDENTS 1 TO5 IN OA AND APPLICANTS IN RA):

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

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2 THE CHIEF PERSONNEL OFFICER, SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK TOWN P.O, CHENNAI 600 003

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3 THE ADDITIONAL DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY, PALGHAT DIVISION, PALGHAT 678 002

¶14

4 THE SR. DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, PALGHAT DIVISION, PALGHAT 678 002

¶15

5 THE DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, SALEM DIVISION, SALEM 636 005

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BY ADVS.
SMT.SUMATHY DANDAPANI (SR.)
SREEJITH P. R
SMT.ASHA CHERIAN, SC, RAILWAYS

¶17

RESPONDENTS(APPLICANTS& ADDL.RESPONDENTS IN OA AND RESPONDENTS IN

¶18

RA):

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1 K.RETHEESH, S/O. K. MOHANDAS, SENIOR ASSISTANT LOCO PILOT, SOUTHERN RAILWAY, PALAKKAD RAILWAY STATION, PALAKKAD DIVISION, PERMANENT ADDRESS. THAZHATHEDATH ARAMB, OLLUNU, KACHERYKUNNU P.O, KOZHIKODE 673 013

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OP(CAT) 254/2019

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2025:KER:25241

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`2`	`E.K AJEESH,` `S/O. ASOKAN E.K, SENIOR ASSISTANT LOCO PILOT, SOUTHERN` `RAILWAY, PALAKKAD RAILWAY STATION, PALAKKAD DIVISION,` `PERMANENT ADDRESS. TWINS HOUSE, KEEZHAL P.O,. VATAKARA,` `KOZHIKODE 673 104`
`3`	`N. HAREESH,`
	`S/O. KUNHAN NAIR T.T, SENIOR ASSISTANT LOCO PILOT,` `SOUTHERN RAILWAY, PALAKKAD RAILWAY STATION, PALAKKAD` `DIVISION, PERMANENT ADDRESS. KANDLILERI JAYANIVAS,` `PANTHEEREANKAVE, KOZHIKODE 673 019`
`4`	`A. SUBASH, S/O. ARJUNAN K.K, SENIOR ASSISTANT LOCO PILOT,` `SOUTHERN RAILWAY, PALAKKAD RAILWAY STATION, PALAKKAD` `DIVISION, PERMANENT ADDRESS. LAXMI NIVAS, PARALI P.O,` `PALAKKAD 678 612`
`5`	`JIJESH BABU T.N,`
	`S/O. T.N CHANDRAN, SENIOR ASSISTANT LOCO PILOT, SOUTHERN` `RAILWAY, PALAKKAD RAILWAY STATION, PALAKKAD DIVISION,`
	`PERMANENT ADDRESS. CHANDINI, THACHRAKKAL NALUKANDATHIL,` `CHETTIKULAM, ELATHUR P.O 673 303`
`6`	`B. VIJESH` `S/O. VIJAYAN, SENIOR ASSISTANT LOCO PILOT, SOUTHEREN` `RAILWAY, CALICUT RAILWAY STATION, PEREMANENT ADDRESS. V.S`
	`NIVAS, NEAR EDAKKAD OFFICE, THOTTADA, KANNUR 670 007`
`7`	`P. SUJITH,`
	`S/O. SAHADEVAN P, SENIOR ASSISTANT LOCO PILOT, SOUTHERN` `RAILWAY, PALAKKAD RAILWAY STATION, PALAKKAD DIVISION,` `PERMANENT ADDRESS. PARAMBALATH HOUSE, CHEVAYR P.O,` `KOZHIKODE 673 017`
`8`	`SATHEESH GOPI,` `SENIOR ASSISTANT LOCO PILOT, SOUTHEERN RAILWAY, SHORANUR` `RAILWAY STATION, SHORANUR 679 121`
`9`	`SOMAKUMAR,` `SENIOR ASSISTANT LOCO PILOT, SOUTHEREN RAILWAY, CALICUT` `RAILWAY STATION, CALICUT 673 001`
`10`	`PRAVEEN SAI M.P,`
	`SENIOR ASSISTANT LOCO PILOT, SOUTHERN RAILWAY, CALICUT` `RAILWAY STATION, CALICUT 673 001`
`11`	`ARUNLAL M,`
	`SENIOR ASSISTANT LOCO PILOT, SOUTHERN RAILWAY, CALICUT` `RAILWAY STATION, CALICUT 673 001`
`12`	`ROY MATHEW,` `SENIOR ASSISTANT LOCO PILOT, SOUTHERN RAILWAY, PALAKKAD` `JUNCTION RAILWAY STATION, PALAKKAD 678 002`
`13`	`SHIJIL ELAYANCHERY,`
	`SENIOR ASSISTANT LOCO PILOT, SOUTHERN RAILWAY, CALICUT` `RAILWAY STATION, CALICUT 673 001`

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OP(CAT) 254/2019

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2025:KER:25241

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`14`	`VIJITH KUMAR T.K,` `SENIOR ASSISTANT` `RAILWAY STATION,`	`LOCO PILOT, SOUTHERN RAILWAY, CALICUT` `CALICUT 673 001`
`15`	`RAJENDRA KUMAR ME` `LOCO PILOT/GOODS,` `RAILWAY STATION,`	`ENA,` `SOUTHERN RAILWAY, MANGLORE CENTRAL` `MANGLORE 575 001`
`16`	`ANURAJ K.R,`
	`SENIOR ASSISTANT` `JUNCTION RAILWAY`	`LOCO PILOT, SOUTHERN RAILWAY, SHORANUR` `STATION, SHORANUR 679 121`
`17`	`V.S KRISHNAKUMAR,` `SENIOR ASSISTANT` `JUNCTION RAILWAY`	`LOCO PILOT, SOUTHERN RAILWAY, PALAKKAD` `STATION, PALAKKAD 678 002`
`18`	`SREEJESH KUMAR N,` `SENIOR ASSISTANT` `CENTRAL RAILWAY S`	`LOCO PILOT, SOUTHERN RAILWAY, MANGLORE` `TATION, MANGLORE 575 001`
`19`	`ANOOP KUMAR K,` `SENIOR ASSISTANT` `RAILWAY STATION,`	`LOCO PILOT, SOUTHERN RAILWAY, SHORANUR` `SHORANUR 679 121`
`20`	`AKIF MUHAMMED,` `SENIOR ASSISTANT` `JUNCTION RAILWAY`	`LOCO PILOT, SOUTHERN RAILWAY, SHORANUR` `STATION, SHORANUR 679 121`
`21`	`B. KISHORE,` `SENIOR ASSISTANT` `RAILWAY STATION,`	`LOCO PILOT, SOUTHERN RAILWAY, CALICUT` `CALICUT 673 001`
`22`	`C. RAJEEV,`
	`SENIOR ASSISTANT` `JUNCTION RAILWAY`	`LOCO PILOT, SOUTHERN RAILWAY, PALAKKAD` `STATION, PALAKKAD 678 002`
`23`	`SREEJITH KUMAR K.` `SENIOR ASSISTANT` `JUNCTION RAILWAY`	`S,` `LOCO PILOT, SOUTHERN RAILWAY, PALAKKAD` `STATION, PALAKKAD 678 002`
`24`	`AJITH S,` `SENIOR ASSISTANT` `RAILWAY STATION,`	`LOCO PILOT, SOUTHERN RAILWAY, CALICUT` `CALICUT 673 001`
`25`	`VINEESH V,` `SENIOR ASSISTANT` `JUNCTION RAILWAY`	`LOCO PILOT, SOUTHERN RAILWAY, PALAKKAD` `STATION, PALAKKAD 678 002`
`26`	`SREEKUTTAN A.K,` `SENIOR ASSISTANT` `RAILWAY STATION,`	`LOCO PILOT, SOUTHERN RAILWAY, CALICUT` `CALICUT 673 001`
`27`	`PRAVEEN K.G,` `SENIOR ASSISTANT` `RAILWAY STATION,`	`LOCO PILOT, SOUTHERN RAILWAY, SHORANUR` `SHORANUR 679 121`
`28`	`AMRITH T.J,`
	`SENIOR ASSISTANT` `RILWAY STATION, C`	`LOCO PILOT, SOUTHERN RAILWAY CALICUT` `ALICUT 673 001`

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OP(CAT) 254/2019

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2025:KER:25241

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`29`	`MUHAMMED RAFI,` `SENIOR ASSISTANT` `JUNCTION RAILWAY`	`LOCO PILOT, SOUTHERN RAILWAY, PALAKKAD` `STATION, PALAKKAD 678 002`
`30`	`VIVEK A.C,` `SENIOR ASSISTANT` `RAILWAY STATION,`	`LOCO PILOT, SOUTHERN RAILWAY, CALICUT` `CALICUT 673 001`
`31`	`ROSHAN XAVIER P.A` `SENIOR ASSISTANT` `JUNCTION RAILWAY`	`,` `LOCO PILOT SOUTHERN RAILWAY, SHORANUR` `STATION, SHORANUR 679 121`
`32`	`SHIBIN B.K,` `SENIOR ASISTANT L` `RAILWAY STATION,`	`OCO PILOT, SOUTHERN RAILWAY, CALICUT` `CALICUT 673 001`
`33`	`DIBUCHANDRAN,` `SENIOR ASSISTANT` `JUNCTION RAILWAY`	`LOCO PILOT, SOUTHERN RAILWAY, PALAKKAD` `STATION, PALAKKAD 678 002`
`34`	`ARUN SANGEETH T.S` `SENIOR ASSISTANT` `RAILWAY STATION,`	`,` `LOCO PILOT, SOUTHERN RAILWAY,CALICUT` `CALICUT 673 001`
`35`	`VIMOD KUMAR V,` `SENIOR ASSISTANT` `JUNCTION RAILWAY`	`LOCO PILOT, SOUTHERN RAILWAY,PALAKKAD` `STATION, PALAKKAD 678 002`
`36`	`BIJI S,` `SENIOR ASSISTANT` `JUNCTION RAILWAY`	`LOCO PILOT, SOUTHERN RAILWAY, PALAKKAD` `STATION, PALAKKAD 678 002`
`37`	`PRAMOD G,` `SENIOR ASSISTANT` `JUNCTION RAILWAY`	`LOCO PILOT, SOUTHERN RAILWAY,SHORANUR` `STATION, SHORANUR 679 121`
`38`	`SAJU E.S,` `SENIOR ASSISTANT` `JUNCTION RAILWAY`	`LOCO PILOT, SOUTHERN RAILWAY, PALAKKAD` `STATION, PALAKKAD 678 002`
`39`	`DEEPU DAS D,` `SENIOR ASSISTANT` `RAILWAY STATION,`	`LOCO PILOT, SOUTHERN RAILWAY,SHORANUR` `SHORANUR 679 121`
`40`	`PRAVEEN M,` `SENIOR ASSISTANT` `JUNCTION RAILWAY`	`LOCO PILOT, SOUTHERN RAILWAY, SHORANUR` `STATION, SHORANUR 679 121`
`41`	`AJITH D.S,` `SENIOR ASSISTANT` `JUNCTION RAILWAY`	`LOCO PILOT, SOUTHERN RAILWAY, PALAKKAD` `STATION, PALAKKAD 678 002`
`42`	`HARISANKER,`
	`SENIOR ASSISTANT` `RAILWAY STATION,`	`LOCO PILOT, SOUTHERN RAILWAY, CALICUT` `CALICUT 673 001`
`43`	`DIBIN M.D,`
	`SENIOR ASSISTANT` `JUNCTION RAILWAY`	`LOCO PILOT, SOUTHERN RAILWAY,SHORANUR` `STATION, SHORANUR 679 121`

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OP(CAT) 254/2019

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`44`	`SUJIN A.S,` `SENIOR ASSISTANT LOCO PILOT, SOUTHERN RAILWAY, MANGLORE` `CENTRAL RAILWAY STATION, MANGLORE 575 001`
`45`	`MANOJ M.N,` `SENIOR ASSISTANT LOCO PILOT, SOUTHERN RAILWAY, PALAKKAD` `JUNCTION RAILWAY STATION, PALAKKAD 678 002`
`46`	`ASWIN M.V,` `SENIOR ASSISTANT LOCO PILOT, SOUTHERN RAILWAY, CALICUT` `RAILWAY STATION, CALICUT 673 001`
`47`	`SCARIA JOSEPH,` `SENIOR ASSISTANT LOCO PILOT, SOUTHERN RAILWAY, PALAKKAD` `JUNCTION RAILWAY STATION, PALAKKAD 678 002`
`48`	`JYOTHIDAS,` `LOCO PILOT/GOODS, SOUTHERN RAILWAY, PALAKKAD JUNCTION` `RAILWAY STATION, PALAKKAD 678 002`
`49`	`SYAM M,` `SENIOR ASSISTANT LOCO PILOT, SOUTHERN RAILWAY, SHORANUR` `JUNCTION RAILWAY STATION, SHORANUR 679 121`
`50`	`VIPIN V.M,` `SENIOR ASSISTANT LOCO PILOT, SOUTHERN RAILWAY, PALAKKAD` `JUNCTION RAILWAY STATION, PALAKKAD 678 002`
`51`	`SREEJITH E.G,` `SENIOR ASSISTANT LOCO PILOT, SOUTHERN RAILWAY, PALAKKAD` `JUNCTION RAILWAY STATION, PALAKKAD 678 002`
`52`	`REJEESH N.T,` `LOCO PILOT/GOODS, SOUTHERN RAILWAY, PALAKKAD JUNCTION` `RAILWAY STATION, PALAKKAD 678 002`
`53`	`VISHNU DAS M.G,` `SENIOR ASSISTANT LOCO PILOT, SOUTHERN RAILWAY, PALAKKAD` `JUNCTION RAILWAY STATION, PALAKKAD 678 002`
`54`	`DESH RAJ MEENA,` `LOCO PILOT/GOODS, SOUTHEREN RAILWAY, MANGLORE CENTRAL` `RAILWAY STATION, MANGALORE 575 001`
`55`	`ANOOP K.A,`
	`LOCO PILOT/SHUNTING, SOUTHERN RAILWAY, MANGLORE CENTRAL` `RAILWAY STATION, MANGLORE 575 001`
`56`	`SREEKUMAR K,` `LOCO PILOT/GOODS, SOUTHEERN RAILWAY, PALAKKAD JUNCTION` `RAILWAY STATION, PALAKKAD 678 002`
`57`	`KANA RAM MEENA,` `LOCO PILOT/GOODS, SOUTHERN RAILWAY, MANGLORE CENTRAL` `RAILWAY STATION, MANGLORE 575 001`
`58`	`ROOP SINGH MEENA,`
	`LOCO PILOT/GOODS, SOUTHERN RAILWAY, MANGLORE CENTRAL` `RAILWAY STATION, MANGLORE 575 001`

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OP(CAT) 254/2019

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2025:KER:25241

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59RAM KHILADI PAREVA,
LOCO PILOT/GOODS, SOUTHERN RAILWAY, MANGLORE CENTRAL
RAILWAY STATION, MANGLORE 575 001
0LAVKESH KUMAR MEENA,
LOCO PILOT/GOODS, SOUTHERN RAILWAY, MANGLORE CENTRAL
RAILWAY STATION, MANGLORE 575 001
61JADUNATH MANDAL,
LOCO PILOT/GOODS, SOUTHERN RAILWAY, MANGLORE CENTRAL
RAILWAY STATION, MANGLORE 575 001
62ANOOP KUMAR K,
LOCO PILOT/GOODS, SOUTHERN RAILWAY, PALAKKAD JUNCTION
RAILWAY STATION, PALAKKAD 678 002
63ANEESH A.O,
LOCO PILOT/GOODS, SOUTHEERN RAILWAY, PALAKKAD JUNCTION
RAILWAY STATION, PALAKKAD 678 002
64HARKESH MEENA,
LOCO PILOT/GOODS, SOUTHERN RAILWAY, MANGLORE CENTRAL
RAILWAY STATION, MANGLORE 575 001
BY ADVS.
SRI.T.C.GOVINDASWAMY
SMT.KALA T.GOPI

¶40

THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 05.03.2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(CAT) 254/2019

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2025:KER:25241

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J U D G M E N T

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K. V. JAYAKUMAR, J

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Feeling aggrieved by the order of the Central Administrative Tribunal in O.A.No.355/2014, Ernakulam Bench dated 11.12.2018, Union of India and its officers preferred this OP(CAT).

¶47

The applicants (64 in numbers), who are working as Assistant Loco Pilots (ALPs) in Southern Railway, knocked the doors of the Central Administrative Tribunal claiming transfer and seniority in preference to the party respondents. All the applicants submitted their request for inter-divisional transfer from Salem division to Palakkad division and their names were registered for Palakkad division.

¶48

As per the orders of the Railway Board, a person requesting for inter-divisional transfer is to be appointed against the vacancies in the direct recruitment quota and be given preference over such recruitment. When the department attempted to appoint number of direct recruits through General Departmental Competitive Examination, the applicants instituted O.A.No.772/2011 before the Tribunal. The Tribunal, as

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2025:KER:25241

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per order dated 17.02.2012, directed that inter divisional transfers are to be effected before the appointment of the direct recruits.

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The main grievance of the respondents/applicants was that the petitioners have determined the seniority of the direct recruits, without considering the orders passed by the Tribunal in OA No.902/2010 and connected cases. The respondents/applicants claimed seniority as per the orders passed by the Tribunal in the aforementioned OA. The respondents/applicants have laid the following claims before the Central Administrative Tribunal.

¶54

“(i) Call for the records leading to the issue of Annexure Al and Annexure Al(a) quash the same;

¶55

(ii) Declare that the applicants are entitled to be transferred and appointed against DR quota vacancies in the Palakkad Division of Southern Railway in preference to those who are included in A5, A6 and A7 as declared in A3 and A4 which have become final and conclusive, and direct the respondents accordingly;

¶56

(iii) Direct the respondents to assign the applicants seniority in preference to those who are included in A5, A6 and A7 in the matter of absorption against DR quota vacancies of ALPs in the Palakkad Division of Southern Railway and direct the respondents to grant all the consequential benefits arising there from;

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(iv) Award costs of and incidental to this application;

¶58

(v) Pass such other orders or directions as deemed just, fit and necessary in the facts and circumstances of the case."

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The contention of the petitioners/Union of India and its

¶63

officers was that the seniority of railway employees are covered by paragraph 312 of Indian Railway Establishment Manual (IREM), Volume I. As per the said Manual, seniority of railway servants transferred at their own request from railway to another should be assigned below that of the existing/confirmed temporary and official railway servants in the relevant grades in the new establishment, irrespective of the date of confirmation or length of officiating or temporary service of the transferred railway servant.

¶64

Noticing the rival contentions of the counsel for the parties, the Central Administrative Tribunal allowed the original application holding that the applicants are entitled to be transferred against direct recruitment quota vacancies in Palakkad division of Southern railway in preference to those who are included in Annexures-A5, A6 and A7 and to assign them seniority in preference to the party respondents.

¶65

The learned counsel for the respondents/applicants supported the order of the Central Administrative Tribunal. On the other hand, Adv.Asha Cherian, Standing Counsel for Railways submitted that the impugned order is legally unsustainable.

¶66

We have heard the rival submissions of the counsel for the parties and appraised the paper book.

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The learned counsel for the Railways submitted that the

¶71

attempt of the applicants/respondents is to agitate the issue highlighted in Ext.P1, common order in an earlier O.A. 772/2011.

¶72

The Tribunal, noticing the rival contentions of the parties, allowed the OA. The relevant paragraphs of the order of the Central Administrative Tribunal are extracted hereunder:

¶73

“4. This Tribunal vide order dated 17.2.2012 in OA No. 902 of 2010 and connected cases held that before the next recruitment takes place to the post of ASM/ALP, either from the open market or from GDCE, the case of the applicants shall be considered on priority basis and where concurrence has been given, such individuals should be relieved in a phased manner so that all those who are to be transferred would be accommodated before the next recruitment takes place. On an MA filed by the parties the above order has been clarified by this Tribunal elaborately. However, vide the impugned order the respondents have simply negated the claim by a one line submission that on interdivisional transfer of the applicants as held by the Tribunal they are not entitled for assignment of seniority above those employees who were existing/confirmed temporary and officiating in the cadre of ALP prior to joining in Palakkad Division. This Tribunal while disposing of OA No. 902 of 2010 and connected cases has observed that the applicants shall be considered on priority basis and where concurrence has been given, such individuals should be relieved in a phased manner so that all those who are to be transferred would be accommodated before the next recruitment takes place. Not complying with this order amounts to showing disregard to the order passed by this Tribunal and respondents took the order of this Tribunal very lightly. As regards the objection raised in the reply by the respondents regarding non-joinder of parties the applicants have amended the OA and impleaded the necessary persons as party respondents. Notices were issued to them. However, there was no response on their behalf on the merit of the case. The other argument also will not hold much water for

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the simple reason that had the order of the Tribunal has been complied with in the letter and spirit the applicants could have got their seniority. Under these circumstances we feel that there is merit on the side of the applicants who have approached this Tribunal for the second time.

¶78

Considering facts, circumstances and legal position of the case in hand we hold that the applicants are entitled to be transferred against direct recruitment quota vacancies in Palakkad Division of Southern Railway in preference to those who are included in Annexures A5, A6 and A7 and assign them seniority in preference to the party respondents. Ordered accordingly. The applicants are entitled for all consequential benefits arising therefrom. The above exercise shall be completed within a period of 60 days from the date of receipt of a copy of this order.”

¶79

On perusal of the order of the Central Administrative Tribunal and upon hearing the submissions of the counsel across the Bar, we do not find any illegality, perversity, much less fallacy in its order. No good ground for interference is made out.

¶80

OP(CAT) fails and it stands dismissed.

Sd/-

AMIT RAWAL

JUDGE

Sd/-

K. V. JAYAKUMAR

JUDGE

Sbna/

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APPENDIX OF OP (CAT) 254/2019

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`PETITIO`	`NER EXHIBITS`
`EXHIBIT`	`P1`	`TRUE COPY OF O.A 180/00355/2014 FILED BY THE` `APPLICANTS BEFORE CAT/ERNAKULAM`
`EXHIBIT`	`P1(A1)`	`TRUE COPY OF LETTER BEARING NO.` `J/P-612/V/PR/VOL.VI DATED 30-10-2013 ISSUED BY` `THE 4TH RESPONDENT.`
`EXHIBIT`	`P1(A1(A)`	`TRUE COPY OF LETTER BEARING NO.` `J/P-676/V/PR/IDT/VOL. XXII DATED 29-04-2014` `ISSUED BY THE 3RD RESPONDENT.`
`EXHIBIT`	`P1(A2)`	`TRUE COPY OF ORDER DATED 26-11-2010 IN O.A NO.` `317/2010 OF THE TRIBUNAL`
`EXHIBIT`	`P1(A3)`	`TRUE COPY OF COMMON ORDER DATED 17-2-2012 IN` `O.A NO. 902/2010 AND CONNECTED CASES OF THE` `TRIBUNAL.`
`EXHIBIT`	`P1(A4)`	`TRUE COPY OF COMMON ORDER DATED 11-3-2013 IN` `M.A NO. 1065/2012 IN O.A NO. 902/2010 AND` `CONNECTED CASES OF THE TRIBUNA;L`
`EXHIBIT`	`P1(A5)`	`TRUE COPY OF OFFICE ORDER BEARING NO. JPR` `6/2012 DATED 8-02-2012 ISSUED BY THE 4TH` `RESPONDENT`
`EXHIBIT`	`P1(A6)`	`TRUE COPY OF OFFICE ORDER BEARING NO. JPR 22/12` `DATED 21-03-2012 ISSUED BY THE 4TH RESPONDENT`
`EXHIBIT`	`P1(A7)`	`TRUE COPY OF ORDER BEARING NO. JPR 18/2013` `DATED 2-7-2013 ISSUED BY THE 4TH RESPONDENT`
`EXHIBIT`	`P1(A8)`	`TRUE COPY OF OFFICE ORDER BEARING NO.` `SA/82/2013/ALP DATED 10-07-2013 ISSUED BY THE` `5TH RESPONDENT`
`EXHIBIT`	`P1(A9)`	`TRUE COPY OF ORDER IN FILE NO.` `J/P-676/V/PR/IDT/VOL. XXII DATED DATED 17-07-` `2013 ISSUED BY THE 4TH RESPONDENT`
`EXHIBIT`	`P1(A10)Series`	`TRUE COPIES OF REPRESENTATIONS DATED 3-10-2013` `ADDRESSED TO THE 4TH RESPONDENT`

¶93

OP(CAT) 254/2019

¶94

¶95

2025:KER:25241

¶96

`EXHIBIT` `Series`	`P1(A11)`	`TRUE COPIES OF APPEALS ADDRESSED TO THE 3RD` `RESPPONDENT.`
`EXHIBIT`	`P2`	`TRUE COPY OF REPLY STATEMENT FILED BY RAILWAY` `IN O.A 180/00355/2014.`
`EXHIBIT`	`P3`	`TRUE COPY OF ORDER DATED 11-12-2018 IN O.A` `180/00355/2014 OF THE TRIBUNAL`
`EXHIBIT`	`P4`	`TRUE COPY OF M.A 328/2012 IN O.A 772/2011 FILED` `BY THE APPLICANTS`
`EXHIBIT`	`P5`	`TRUE COPY OF REPLY STATEMENT IN M.A 328/2012` `FILED BY RAILWAY`
`EXHIBIT`	`P6`	`TRUE COPY OF R.A 180/00012/2019 FILED BY` `RAILWAY BEFORE THE TRIBUNAL`
`EXHIBIT`	`P6(RAI)`	`TRUE COPY OF ORDER DATED 11-12-2018 OF THE` `TRIBUNAL IN O.A NO 180/00355/2014`
`EXHIBIT`	`P6(RA2)`	`TRUE COPY OF ORDER DATED 26-09-2018 OF THE` `TRIBUNAL IN O.A NO. 180/1053/2017`
`EXHIBIT`	`P6(RA3)`	`TRUE COPY OF INTERIM ORDER DATED 21-09-2015 IN` `SLP (CC) NO. 17238/2015`
`EXHIBIT`	`P6(RA4)`	`TRUE COPY OF INTERIM ORDER DATED 28-11-2014 IN` `SLP (CC) NO. 18781/2014 AFFIDAVIT TO R.A` `AFFIDAVIT & DELAY APPLICATION (M.A` `180/00320/2019)`
`EXHIBIT`	`P7`	`TRUE COPY OF ORDER DATED 2-4-2019 IN R.A` `180/00012/2019 AND M.A 180/00320/2019 OF THE` `TRIBUNAL`
`EXHIBIT`	`P8`	`TRUE COPY OF JUDGMENT DATED 7-3-2018 IN W.P(C)` `31443 OF 2018`
`EXHIBIT`	`P9`	`TRUE COPY OF COMMON JUDGMENT DATED 17-06-2019` `IN W.P(C) 25100/2010 & CONNECTED CASES.`

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 11.12.2018 of the Central Administrative Tribunal, Ernakulam Bench in O.A.No.355/2014, allowing the applicants' original application: transfer/appointment against DR quota vacancies in Palakkad Division in preference to those in Annexures A5-A7, seniority in preference to the party respondents, consequential benefits, and completion of the exercise within 60 days.¶46
Central Administrative Tribunal, Ernakulam Bench · 11.12.2018
Prior proceeding
The 64 applicants earlier instituted O.A.No.772/2011 before the Tribunal when the department attempted to appoint direct recruits through the General Departmental Competitive Examination (GDCE); by order dated 17.02.2012 the Tribunal directed that inter-divisional transfers be effected before appointment of the direct recruits.¶52
Prior proceeding
By common order dated 17.2.2012 in OA No.902/2010 and connected cases (reproduced in the Tribunal's impugned order), the Tribunal held that before the next recruitment to ASM/ALP posts from the open market or GDCE, the applicants' cases shall be considered on priority basis and those giving concurrence relieved in a phased manner so that all transferees are accommodated before the next recruitment.¶73
Prior proceeding
On an MA filed by the parties, the Tribunal's order in OA No.902/2010 was clarified elaborately (common order dated 11-3-2013 in M.A No.1065/2012 in OA No.902/2010 and connected cases, Exhibit P1(A4)).¶73
Prior proceeding
Annexures A1 and A1(a) - letter No.J/P-612/V/PR/VOL.VI dated 30-10-2013 of the 4th respondent and letter No.J/P-676/V/PR/IDT/VOL. XXII dated 29-04-2014 of the 3rd respondent (Exhibits P1(A1), P1(A1(A))) - were the communications determining seniority of direct recruits whose quashing the applicants sought.¶92
Prior proceeding
Office orders of the 4th respondent appointing direct recruits - Annexure A5 (No. JPR 6/2012 dated 8-02-2012), Annexure A6 (No. JPR 22/12 dated 21-03-2012) and Annexure A7 (No. JPR 18/2013 dated 2-7-2013) (Exhibits P1(A5)-P1(A7)) - against which the applicants claimed transfer and seniority preference.¶92
Prior proceeding
The Railways filed R.A 180/00012/2019 (with delay application M.A 180/00320/2019) before the Tribunal; the Tribunal passed an order dated 2-4-2019 in the RA and MA (Exhibit P7). The petitioners appear as applicants in the RA per the cause title, and thereafter the Union preferred this OP(CAT).¶92
Prior proceeding
Exhibits filed with the Railway's review application included an order dated 26-09-2018 of the Tribunal in O.A No.180/1053/2017 (Exhibit P6(RA2)) and interim orders of the Supreme Court in SLP (CC) No.17238/2015 dated 21-09-2015 (Exhibit P6(RA3)) and in SLP (CC) No.18781/2014 dated 28-11-2014 (Exhibit P6(RA4)); none of these is discussed in the judgment body.¶92

Union of India v. K.Retheesh

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Union of India v. K.Retheesh

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