Karnataka High Court
S.S.V.Ram Prasad S/O Bhuchandra Rao vs Jiby George S/O George on 11 February, 2025
Author: B.M.Shyam Prasad
Bench: B.M.Shyam Prasad
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WP No. 109979 of 2019
C/W WP No. 112128 of 2019
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 11TH DAY OF FEBRUARY, 2025
PRESENT
THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD
AND
THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR
WRIT PETITION NO. 109979 OF 2019 (S-CAT)
C/W
WRIT PETITION NO. 112128 OF 2019 (S-CAT)
IN WRIT PETITION NO. 109979 OF 2019:
BETWEEN:
1. UNION OF INDIA,
REPRESENTED BY GENERAL MANAGER,
SOUTH WESTERN RAILWAYS, HEAD QUARTERS
OFFICE,
Digitally
signed by HUBBALLI-580020
SHAKAMBARI
Location: High 2. THE SENIOR DIVISIONAL PERSONNEL OFFICER,
Court of SOUTH WESTERN RAILWAYS,
Karnataka,
Dharwad HEAD QUARTERS OFFICE, HUBBALLI-580020
Bench
3. THE ASSISTANT PERSONNEL OFFICER (M),
SOUTH WESTERN RAILWAYS,
HEAD QUARTERS OFFICE, HUBBALLI-580020
...PETITIONERS
(BY SRI. M. B. KANAVI, ADVOCATE)
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AND:
1. JIBY GEORGE S/O. GEORGE
AGED ABOUT 40 YEARS,
WORKING AS LOCO PILOT GOODS,
SW RAILWAY, HUBBALLI-580020
2. JOSHIL C.K. S/O. RAMADASAN P.
AGED ABOUT 43 YEARS,
WORKING AS LOCO PILOT GOODS,
CREW CONTROLLER, SW RAILWAY,
HUBBALLI-580020
3. JOSEPH K.D. S/O. DEVASSY K.D.
AGED ABOUT 42 YEARS,
WORKING AS LOCO PILOT GOODS,
POWER CONTROLLER, SW RAILWAY,
HUBBALLI-580020
4. B.SURI DEMUDU S/O. B.RAMU
AGED ABOUT 42 YEARS,
WORKING AS CREW CONTROLLER,
SW RAILWAY, TORANAGALLU.
5. SHRI.V.S.THIPPESWAMY
AGE: MAJOR,
FATHERS NAME NOT KNOWN,
LOCO INSPECTOR/WORKING AS CCC,
THORNAGAL RAILWAY STATION,
THORNAGAL, BELLARY DISTRICT
6. SHRI.B.SREENIVASULU
AGE:MAJOR,
FATHERS NAME NOT KNOWN,
CHIEF POWER CONTROLLER
HUBLI DIVISION, SW RLY, HQRS,
HUBLI-580020
7. SHRI.A.MURUGAN,
AGE: MAJOR,
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FATHERS NAME NOT KNOWN,
CHIEF LOCO INSPECTOR, C/O.OFFICE OF CCC,
SOURTH WESTERN RAILWAY, HOSPET
8. SHRI.JOSEPH EDWARD
AGE: MAJOR,
FATHERS NAME NOT KNOWN,
WORKING AS CHIEF CREW CONTROLLER
SOURTH WESTERN RAILWAY, BELGAUM
9. SHRI.K.RAJESH BABU,
AGE:MAJOR,
FATHERS NAME NOT KNOWN,
CHIEF LOCO INSPECTOR,
SOUTH WESTERN RAILWAY, C/O.CCC,
SW RAILWAY, HOSPET
10. SHRI.M.F.NADAF,
AGE: MAJOR,
FATHERS NAME NOT KNOWN,
CHIEF LOCO INSPECTOR,
SOUTH WESTERN RAILWAY,
C/O.CPRC, SW RAILWAY, HUBLI
11. SHRI.MANIVARNAN,
AGE: MAJOR,
FATHERS NAME NOT KNOWN,
WORKING AS CHIEF LOCO INSPECTOR
SW RAILWAY, CASTLE ROCK
12. SHRI.JITHOSH K.
AGE: MAJOR,
FATHERS NAME NOT KNOWN,
WORKING AS LP GOODS
SW RAILWAY, CASTLE ROCK
13. SHRI.S.S.V. RAMPRASAD
AGE: MAJOR, FATHERS NAME NOT KNOWN,
WORKING AS CHIEF CREW CONTROLLER
SW RAILWAY, HOSPET.
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14. SHRI.SHIVAKUMAR PATTANSHETTY
AGE: MAJOR,
FATHERS NAME NOT KNOWN,
WORKING AS CHIEF LOCO INSPECTOR
OFFICE OF CHIEF MECHANICAL ENGINEER
SW RAILWAY, HEAD QUARTERS, HUBLI
15. SHRI.K.MUKTHAR AHAMED
AGE: MAJOR,
FATHERS NAME NOT KNOWN,
WORKING AS CHIEF LOCO INSPECTOR
SOUTH WESTERN RAILWAY, BELGAUM
16. SHRI.C.ANIL KUMAR,
AGE: MAJOR,
FATHERS NAME NOT KNOWN,
WORKING AS CHIEF LOCO INSPECTOR
SW RAILWAY, CASTLE ROCK
17. SHRI.SHAHUL HAMEED P.K.
AGE: MAJOR,
FATHERS NAME NOT KNOWN,
WORKING AS CHIEF CREW CONTROLLER,
SOUTH WESTERN RAILWAY, CASTLE ROCK
(UTTARA KANNADA DISTRICT)
18. SHRI.VENU KOTHAPALLI
AGE: MAJOR,
FATHERS NAME NOT KNOWN,
WORKING AS CHIEF CREW CONTROLLER,
SOUTH WESTERN RAILWAY,
VASCO DA GAMA, GOA.
19. SHRI.S.KARTHIC,
AGE: MAJOR,
FATHERS NAME NOT KNOWN,
WORKING AS LOCO PILOT GOODS,
SOUTH WESTERN RAILWAY,
CASTLE ROCK, UTTARA KANNADA DISTRICT.
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20. SHRI.M.SATYANARAYANA
AGE: MAJOR,
FATHERS NAME NOT KNOWN,
WORKING AS CHIEF CREW CONTROLLER,
SOUTH WESTERN RAILWAY, BELGAUM
21. SHRI.K.MUTHYALU
AGE: MAJOR,
FATHERS NAME NOT KNOWN,
WORKING AS CHIEF CREW CONTROLLER,
SOUTH WESTERN RAILWAY,
VASCO DA GAMA, GOA.
22. SHRI.N.RAMARANGAIAH,
AGE: MAJOR,
FATHERS NAME NOT KNOWN,
WORKING AS CHIEF CREW CONTROLLER,
SOUTH WESTERN RAILWAY,
HEADQUARTERS, HUBLI.
...RESPONDENTS
(R2, R3, R4,R5,R7,R8,R9,R10,R11,R13,R14,R15,
R16,R17,R18,R19,R20,R21 AND R22 ARE SERVED;
R6 SERVICE HELD SUFFICIENT;
R1 INSUFFICIENT ADDRESS;
R12 NO SUCH PERSON IN THIS ADDRESS;)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO,
QUASH THE ORDER DATED 25/10/2018 PASSED IN O.A NO
170/00044-0047/15 ON THE FILE OF THE CENTRAL
ADMINISTRATIVE TRIBUNAL BANGALORE (PRODUCED VIDE
ANNEXURE-A) AND ETC.
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IN WRIT PETITION NO. 112128 OF 2019:
BETWEEN:
S.S.V. RAM PRASAD. S/O. BHUCHANDRA RAO,
AGE: 47 YEAR, OCC: CHIEF LOCO INSPECTOR,
SOUTH WESTERN RAILWAY,
R/O: H.NO.65, R.C.COLONY, GADAG ROAD.
HUBBALLI,
DIST: DHARWAD, 580020.
...PETITIONERS
(BY SRI. DINESH M. KULKARNI, ADVOCATE)
AND:
1. JIBY GEORGE S/O. GEORGE
AGED ABOUT 40 YEARS,
WORKING AS LOCO PILOT GOODS,
SW RAILWAY, HUBBALLI-580020
2. JOSHIL C.K. S/O. RAMADASAN P.
AGED ABOUT 42 YEARS,
WORKING AS LOCO PILOT GOODS,
CREW CONTROLLER, SW RAILWAY,
HUBBALLI-580020
3. JOSEPH K.D. S/O. DEVASSY K.D.
AGED ABOUT 41 YEARS,
WORKING AS LOCO PILOT GOODS,
POWER CONTROLLER, SW RAILWAY,
HUBBALLI-580020
4. B.SURI DEMUDU S/O. B.RAMU
AGED ABOUT 41 YEARS,
WORKING AS CREW CONTROLLER,
SW RAILWAY, TORANAGALLU.
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C/W WP No. 112128 of 2019
5. UNION OF INDIA,
REPRESENTED BY GENERAL MANAGER,
SOUTH WESTERN RAILWAYS, HEAD QUARTERS
OFFICE, HUBBALLI-580020
6. THE SENIOR DIVISIONAL PERSONNEL OFFICER
SOUTH WESTERN RAILWAYS.
HEAD QUARTERS OFFICE, HUBBALLI-580020
7. THE ASSISTANT PERSONNEL OFFICER (M),
SOUTH WESTERN RAILWAYS,
HEAD QUARTERS OFFICE, HUBBALLI-580020
8. SHRI.V.S.THIPPESWAMY
AGE: MAJOR,
FATHERS NAME NOT KNOWN,
LOCO INSPECTOR/WORKING AS CCC,
THORNAGAL RAILWAY STATION,
THORNAGAL, BELLARY DISTRICT
9. SHRI.B.SREENIVASULU
AGE:MAJOR,
FATHERS NAME NOT KNOWN,
CHIEF POWER CONTROLLER
HUBLI DIVISION, SW RLY, HQRS,
HUBLI-580020
10. SHRI.A.MURUGAN,
AGE: MAJOR,
FATHERS NAME NOT KNOWN,
CHIEF LOCO INSPECTOR, C/O.OFFICE OF CCC,
SOURTH WESTERN RAILWAY, HOSPET - 583201.
11. SHRI.JOSEPH EDWARD
AGE: MAJOR,
FATHERS NAME NOT KNOWN,
WORKING AS CHIEF CREW CONTROLLER
SOURTH WESTERN RAILWAY, BELGAUM - 580001.
12. SHRI.K.RAJESH BABU,
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AGE:MAJOR,
FATHERS NAME NOT KNOWN,
CHIEF LOCO INSPECTOR,
SOUTH WESTERN RAILWAY, C/O.CCC, SW RAILWAY,
HOSPET - 583 201.
13. SHRI.M.F.NADAF,
AGE: MAJOR,
FATHERS NAME NOT KNOWN,
CHIEF LOCO INSPECTOR,
SOUTH WESTERN RAILWAY,
C/O.CPRC, SW RAILWAY,
HUBLI - 580 020.
14. SHRI.MANIVARNAN,
AGE: MAJOR,
FATHERS NAME NOT KNOWN,
WORKING AS CHIEF LOCO INSPECTOR
SW RAILWAY, CASTLE ROCK, DISTRICT UTTARA
KANNADA - 581 121.
15. SHRI.JITHOSH K.
AGE: MAJOR,
FATHERS NAME NOT KNOWN,
WORKING AS LP GOODS
SW RAILWAY, CASTLE ROCK, DISTRICT UTTARA
KANNADA - 581 121.
16. SHRI.SHIVAKUMAR PATTANSHETTY
AGE: MAJOR,
FATHERS NAME NOT KNOWN,
WORKING AS CHIEF LOCO INSPECTOR
OFFICE OF CHIEF MECHANICAL ENGINEER
SW RAILWAY, HEAD QUARTERS, HUBLI - 580020.
17. SHRI.K.MUKTHAR AHAMED
AGE: MAJOR,
FATHERS NAME NOT KNOWN,
WORKING AS CHIEF LOCO INSPECTOR
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SOUTH WESTERN RAILWAY, BELGAUM - 580 001.
18. SHRI.C.ANIL KUMAR,
AGE: MAJOR,
FATHERS NAME NOT KNOWN,
WORKING AS CHIEF LOCO INSPECTOR
SW RAILWAY, CASTLE ROCK, DISTRICT UTTARA
KANNADA - 581 121.
19. SHRI.SHAHUL HAMEED P.K.
AGE: MAJOR,
FATHERS NAME NOT KNOWN,
WORKING AS CHIEF CREW CONTROLLER,
SOUTH WESTERN RAILWAY, CASTLE ROCK
(UTTARA KANNADA DISTRICT) 581121.
20. SHRI.VENU KOTHAPALLI
AGE: MAJOR,
FATHERS NAME NOT KNOWN,
WORKING AS CHIEF CREW CONTROLLER,
SOUTH WESTERN RAILWAY,
VASCO DA GAMA, GOA -403 802.
21. SHRI.S.KARTHIC,
AGE: MAJOR,
FATHERS NAME NOT KNOWN,
WORKING AS LOCO PILOT GOODS,
SOUTH WESTERN RAILWAY,
CASTLE ROCK
UTTARA KANNADA DISTRICT - 581121.
22. SHRI.M.SATYANARAYANA
AGE: MAJOR,
FATHERS NAME NOT KNOWN,
WORKING AS CHIEF CREW CONTROLLER,
SOUTH WESTERN RAILWAY, BELGAUM - 580 001.
23. SHRI.K.MUTHYALU
AGE: MAJOR,
FATHERS NAME NOT KNOWN,
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WORKING AS CHIEF CREW CONTROLLER,
SOUTH WESTERN RAILWAY, VASCO DA GAMA,
GOA 403802
24. SHRI.N.RAMARANGAIAH,
AGE: MAJOR,
FATHERS NAME NOT KNOWN,
WORKING AS CHIEF CREW CONTROLLER,
SOUTH WESTERN RAILWAY,
HEADQUARTERS, HUBLI - 580020.
...RESPONDENTS
(BY SRI. M. B. KANAVI, CGSC FOR R5 TO R7;)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE
A WRIT IN THE NATURE CERTIORARI AND QUASH THE
IMPUGNED ORDER PASSED BY THE HON'BLE CENTRAL
ADMINISTRATIVE TRIBUNAL, BENGALURU DTD.25.10.2018 IN
ORIGINAL APPLICATION NO.70/00044-00047/2015, VIDE
ANNEXURE-A AND ETC.
THESE PETITIONS ARE COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE ORDER THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD
AND
THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR
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ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) Sri. M.B.Kanavi, the learned Senior Central Government standing counsel for the petitioners, submits that the present writ petitions are filed because of the dispute inter se the private respondents in these petitions about seniority, but this dispute is resolved with one of the private respondents, Sri. Jiby George, being transferred on reversion as Assistant Loco Pilot, and the seniority of the other private respondents being fixed accordingly. In fact, learned counsel files a memo for dismissal of the writ petitions.
In view of the above, these petitions stand dismissed as having become infructous.
Sd/-
(B.M.SHYAM PRASAD) JUDGE Sd/-
(RAMACHANDRA D. HUDDAR) JUDGE AM/CT-VG LIST NO.: 1 SL NO.: 10