Karnataka High Court
The General Manager vs Shantaram Naik on 28 May, 2019
Bench: L.Narayana Swamy, R Devdas
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF MAY, 2019
:PRESENT:
THE HON'BLE MR. JUSTICE L.NARAYANA SWAMY
AND
THE HON'BLE MR. JUSTICE R.DEVDAS
WRIT PETITION NOs.44218/2018 & 13738-
13739/2019 & 16290/2019 (S-CAT)
BETWEEN
1. THE GENERAL MANAGER
SOUTH WESTERN RAILWAY,
KESHWAPURA, HUBLI
HUBLI-580 020
2. SENIOR DIVISIONAL PERSONNEL OFFICER
SOUTH WESTERN RAILWAYS,
IRWIN ROAD,
MYSURU-570 001
... PETITIONERS
(BY SMT KAVITHA H C, ADVOCATE)
AND
1. SHANTARAM NAIK
S/O ROHIDAS NAIK,
AGED ABOUT 31 YEARS,
WORKING AS KEYMAN,
SWR, MYSORE DIVISION,
O/O SSE P-WAY,
SRF SECTION, SAGAR,
R/AT C/O SHIVAMMA
NO.466,BEHIND RAILWAY COLONY
AT & POST KUMSI-577 423
2. VINAYAKA NAGESH SHETTY
S/O NAGESHA SETTY,
AGED ABOUT 34 YEARS,
WORKING AS KEYMAN,
SWR, SSE P-WAY,
2
SRF SECTION, SAGAR,
R/AT C/O VENKATAPPA
BELEGUNDI, POST-ULLUR
PIN- 577 401
SAGAR TALUK, SHIMOGA DISTRICT
3. GURURAJA
S/O RAMA,
AGED ABOUT 35 YEARS,
WORKING AS KEYMAN
SWR, MYSORE DIVISION,
O/O SSE P-WAY
SRF SECTION, SAGAR,
R/AT NEAR RAILWAY GATE,
ARASALU, PIN-577 426
HOSANAGARA TALUK, SHIMOGA DISTRICT
4. NAGARAJA
S/O SUBBAIAH,
AGED ABOUT 34 YEARS,
C/O CHANDRAPANDE,
BEHIND RAILWAY COLONY,
KUMSI-577 423
SHIMOGA TQ & DISTRICT
... RESPONDENTS
(BY SRI RAGHAVENDRACHAR M, ADVOCATE FOR C/R1 TO R4)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DATED 12.06.2018, IN O.A.NO.170/00384
TO 00387/2016 ON THE FILE OF THE CENTRAL
ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH, BANGALORE
(PRODUCED VIDE ANNEXURE-A) AND CONSEQUENLTY
DISMISS THE SAID APPLICAITION AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING THIS DAY, DEVDAS J, MADE THE FOLLOWING:
ORDER
The respondents joined the services of the petitioners, South Western Railways, as Trackmen in the payscale of Rs.5200-20200/- with Grade Pay of 3 Rs.1,800/-. The respondents were posted as Keymen in the same scale of pay and Grade pay vide order dated 23.09.2013. The second petitioner prepared the provisional seniority list on 01.07.2014, but the respondents were not included in the category of Track Maintainer Grade-I and neither in the category of Keymen. The Central Administrative Tribunal, Bangalore, has upheld the contention of the respondents that in terms of the Railway Board Orders dated 04.03.2014 and 22.09.2014, the respondents should be treated as Track Maintainer Grade-I with Grade Pay of Rs.2,800/-. Being aggrieved of the said order passed by the Tribunal, the petitioners, South Western Railways are before this Court.
2. It is the contention of the learned Counsel for the petitioners that the Tribunal erred in not taking into consideration the reply statement filed by the respondents herein, wherein the respondents have indicated that the categories of Trackmen/Trolleymen/Gatemen/Watchmen/Keymen in Civil Engineering Department in PB-1, with Grade pay 4 of Rs.1,800/- is clubbed and designated as Track Maintainer Grade-IV with Grade Pay of Rs.1,800/-.
3. The next contention of the learned Counsel for the petitioners is that even as per the Board Orders dated 04.03.2014 and 22.09.2014, the respondents should have completed a minimum period of two years, before being assigned with duties or designated as Keymen.
4. We have gone through the Board Orders dated 04.03.2014 and 22.09.2014 and do not find any stipulation, as contended by the learned Counsel for the petitioners. Moreover, the Tribunal has considered all the contentions of the petitioners herein and has allowed the applications giving sound and justifiable reasons. We do not find any merit in these petitions. The petitions stand dismissed.
SD/-
JUDGE SD/-
JUDGE JT/-