Kerala High Court
Sri.Viju C vs The Senior Divisional Personnel ... on 15 March, 2024
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
OP (CAT) NO. 129 OF 2015
-:1:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 15TH DAY OF MARCH 2024 / 25TH PHALGUNA, 1945
OP (CAT) NO. 129 OF 2015
AGAINST THE ORDER DATED 18.05.2015 IN OA NO.180/00631/2014 OF
CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER/S:
1 SRI.VIJU C.,
AGED 39 YEARS
S/O.C.P.CHAKRAPANI, STATION MASTER, TIRUNAVAL
RAILWAY STATION, SOUTHERN RAILWAY, PALAKKAD, AT
PRESENT WORKING IN TIRUR RAILWAY STATION
2 SRI.PRADEEP.S,
AGED 37 YEARS
S/O.P.K.GOVINDANKUTTY, STATION MASTER, OTTAPPALAM
RAILWAY STATION, SOUTHERN RAILWAY, PALAKKAD.
BY ADVS.
P.K.MADHUSOODANAN
P.M.BINOY KRISHNA
OP (CAT) NO. 129 OF 2015
-:2:-
RESPONDENT/S:
1 THE SENIOR DIVISIONAL PERSONNEL OFFICER,
SOUTHERN RAILWAY, DIVISIONAL OFFICE, PERSONNEL
BRANCH, PALAKKAD - 678 002.
2 THE RAILWAY BOARD,
REPRESENTED BY ITS CHAIRMAN MINISTRY OF RAILWAYS,
RAIL BHAVAN, NEW DELHI 1.
3 UNION OF INDIA,
THROUGH THE GENERAL MANAGER, SOUTHERN RAILWAY, PARK
TOWN, CHENNAI - 600003.
4 UNNIMON N.K.,
NOW WORKING AS STATION SUPERINTENDENT, SHORNUR
JUNCTION, RAILWAY STATION, SOUTHERN RAILWAY,
PALAKKAD 679 121.
5 KHADAR MEERA SAHIB,
NOW WORKING AS STATION SUPERINTENDENT, PALGHAT
RAILWAY STATION, SOUTHERN RAILWAY, PALAKKAD - 678
002.
6 JAYACHANDRAN S.R,
NOW WORKING AS STATION SUPERINTENDENT, MADUKKARAI
RAILWAY STATION, SOUTHERN RAILWAY, COIMBATORE
641105.
7 JAYARAMAN.D,
NOW WORKING AS STATION SUPERINTENDENT, SHORNUR
JUNCTION RAILWAY STATION, SOUTHERN RAILWAY, PALAKKAD
- 679 121.
8 RAVINDRAN.P.,
NOW WORKING AS STATION SUPERINTENDENT, SHORNUR
JUNCTION RAILWAY STATION, SOUTERN RAILWAY, PALAKKAD
- 679 121.
9 RAMACHANDRAN.K,
NOW WORKING AS STATION SUPERINTENDENT, KRAKKAD
RAILWAY STATION, SOUTHERN RAILWAY, PALAKKAD - 679
313.
10 HARIDASAN.K.N.
NOW WORKING AS STATION SUPERINTENDENT, PATTAMBI
RAILWAY STATION, SOUTHERN RAILWAY, PALAKKAD - 679
313.
OP (CAT) NO. 129 OF 2015
-:3:-
11 VINOD KUMAR KALLAN,
NOW WORKING AS STATION SUPERINTENDENT, FEROKE
RAILWAY STATION, SOUTHERN RAILWAY CALICUT - 673 631.
12 MOORTHY.M,
AGED 55 YEARS
S/O.MADANAGAL, NOW WORKING AS STATION MASTER,
MADUKKARAI RAILWAY STATION, PALGHAT DIVISION,
SOUTHERN RAILWAY, RESIDING AT SAI NIVAS,
KALLIKULANGARA P.O., PALAKKAD.
13 P.M.PREMADAS,
AGED 57 YEARS
S/O.P.M.MADHAVAN, WORKING AS STATION MASTER, PARALI
RAILWAY STATION, PALGHAT DIVISION, SOUTHERN RAILWAY,
RESIDING AT PANGODU P.O., PALAKKAD.
14 SAHEERSHA,
AGED 47 YEARS
S/O.SHAIKN MOIDEEN, WORKING AS STATION MASTER,
SHORNUR RAILWAY STATION, PALGHAT DIVISION, SOUTHERN
RAILWAY, RESIDING AT 101 D, RAILWAY QUARTER,
SHORNUR.
15 E.K.BABU,
AGED 45 YEARS
S/O.KUNJUNNI EZHUTHACHAN, WORKING AS STATION MASTER,
PATTAMBI RAILWAY STATION, PALGHAT DIVISION, SOUTHERN
RAILWAY, RESIDING AT BALU NIVAS, VALIYUR P.O.,
PALAKKAD.
BY ADVS.
SRI.N.K.SUBRAMANIAN, SC, RAILWAYS.
SHRI.T.V.VINU, CGC
SRI.N.K.SUBRAMANIAN, SC, RAILWAYS
SRI.MARTIN G.THOTTAN (B/O)
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 22.02.2024,
THE COURT ON 15/3/2024 DELIVERED THE FOLLOWING:
OP (CAT) NO. 129 OF 2015
-:4:-
A.MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ.
------------------------------------------------
O.P.(CAT).No.129/2015
------------------------------------------------
Dated this the 15th day of March, 2024
J U D G M E N T
A.Muhamed Mustaque, J.
The claim of seniority after the integration of the cadre of Station Master-II (SM-II) and Station Master-III (SM-III) into a single cadre is the issue to be considered in this matter.
2. The petitioners while working as Assistant Station Master, they applied for the post of SM-II (Traffic Apprentice) for vacancies as against Limited Department Competitive Examination quota and were successful. Notification was issued on 7/7/2006. They have to complete two years training. After OP (CAT) NO. 129 OF 2015 -:5:- selection, they were appointed as SM-II. After integration of 6th Central Pay Commission, the posts of SM-II and SM-III were merged as a single cadre of Station Master on higher pay band by order dated 4/9/2008. However, this was given retrospective effect from 1/1/2006. As a result, in the seniority list prepared, those who were appointed earlier than the petitioners and were working in SM-III, marched over the petitioners. The provisional seniority list, dated 1/1/2013, was questioned before the Tribunal. The Tribunal noted that the petitioners were appointed only as SM-II with effect from 3/7/2009 and therefore, their service after the integration shall be reckoned only from the effective date of integration.
3. We note that the Tribunal was justified in declining the challenge. The integration of the posts was made as per order dated 4/7/2008, with effect from 1/1/2006. The petitioners were appointed as SM-II only in 2009. By that time, their juniors in SM-III became part of the integrated service. Thus, they marched over the petitioners. As on the date of the integration order, the party respondents herein who are originally SM-III became OP (CAT) NO. 129 OF 2015 -:6:- part of the integrated Station Master, much before the petitioners' appointment as SM-II. We find no merit in this writ petition. Accordingly, it is dismissed.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE Sd/-
SHOBA ANNAMMA EAPEN, JUDGE ms OP (CAT) NO. 129 OF 2015 -:7:- APPENDIX OF OP (CAT) 129/2015 PETITIONER ANNEXURES ANNEXURE A12 TRUE COPY OF THE SENIORITY LIST NO.
J/P612/VIII/SENIORITY DATED 1.2.2013 OF THE 1ST RESPONDENT.
ANNEXURE A17 TRUE COPY OF THE LETTER NO. J/9524/VIII/SMS/TI RESTRUCTURING 2013 DATED 31.3.2014 OF THE 1ST RESPONDENT.
ANNEXURE A13 TRUE COPY OF THE LETTER NO. E (NG) 1-2009/PM14 DATED 26.09.2012 OF THE RAILWAY BOARD. ANNEXURE A1 TRUE COPY OF THE DATED 17/7/2006 OF THE 1ST RESPONDENT.
ANNEXURE A2 TRUE COPY OF THE NO.
J/P.608/VIII/TFC.APP.LDCE/VOL. I DATED 5/7/2007.
ANNEXURE A3 TRUE COPY OF THE CORRIGENDUM DATED 6/8/2007 ISSUED BY THE 1ST RESPONDENT.
ANNEXURE A4 TRUE COPY OF THE OFFICE ORDER NO. T 26/26/09 DATED 3/7/2009.
ANNEXURE A5 TRUE COPY OF THE RELEVANT EXTRACT OF PROVISIONAL SENIORITY LIST OF SM-II & SM-III AS ON 1/1/2010 OF PALGHAT DIVISION, PUBLISHED BY THE 1ST RESPONDENT.
ANNEXURE A6 TRUE COPY OF THE LETTER NO. J/P 535/VII/SMS/CAT DATED 11.10.2010. ANNEXURE A7 TRUE COPY OF THE LETTER NO. E (NG) 1/90/ICI/1 DATED 4.2.1991.
ANNEXURE A8 TRUE COPY OF THE FINAL ORDER IN O.A. NO.
269/2011 DATED 2/11/2011 OF THIS HONBLE TRIBUNAL.
ANNEXURE A9 TRUE COPY OF THE SENIORITY LIST OF SMS IN PB RS, 9300-34800 ISSUED BY 1ST RESPONDENT. ANNEXURE A10 TRUE COPY OF THE ABOVE REPRESENTATION DATED 7.11.2012 SUBMITTED BY 1ST APPLICANT TO THE FIRST RESPONDENT.
OP (CAT) NO. 129 OF 2015 -:8:- ANNEXURE A11 TRUE COPY OF THE REPRESENTATION DATED 7.11.2012 SUBMITTED BY 2ND APPLICANT TO THE FIRST RESPONDENT.
ANNEXURE A14 TRUE COPY OF THE REPRESENTATION DATED 11.2.2013 SUBMITTED BY 1ST APPLICANT TO THE 1ST RESPONDENT.
ANNEXURE A15 TRUE COPY OF THE REPRESENTATION DATED 18.2.2013 SUBMITTED BY 2ND APPLICANT TO THE 1ST RESPONDENT.
ANNEXURE A16 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST APPLICANT.
ANNEXURE A18 TRUE COPY OF THE RAILWAY BOARDS LETTER DATED 14.9.2010.
ANNEXURE R1 TRUE COPY OF THE LETTER DATED 16.8.2007. ANNEXURE R2 TRUE COPY OF THE JUDGMENT DATED 20.3.2012 OF THE HONBLE COURT IN O.P (CAT) 941/2012. ANNEXURE A19 TRUE COPY OF THE RELEVANT EXTRACT LETTER DATED 8.3.2013 PUBLISHING SENIORITY LIST OF SM AT TIRUCHIRAPPALLI DIVISION.
EXHIBIT P1 TRUE COPY OF THE O.A/180/00631/2014 FILED BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.
EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS 1-3 IN OA NO.180/00631/2014. EXHIBIT P3 TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS 4 & 7 TO 10 IN OA NO.180/931/2014. EXHIBIT P4 TRUE COPY OF THE REJOINDER DATED 18/3/2015 FILED BY THE APPLICANTS IN OA 180/631/2014. EXHIBIT P5 TRUE COPY OF THE MA./180/186/2015 IN OA NO.180/00631/2014 FILED BY THE ADDITIONAL RESPONDENTS EXHIBIT P6 TRUE COPY OF THE REPLY STATEMENT IN MA 180/186/2015 IN OA NO.180/00631/2014 FILED BY THE RESPONDENTS 1& 2 EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER DATED 14/8/2014 ORDERED BY THE HON'BLE TRIBUNAL IN OA NO.180/00531/2014.
OP (CAT) NO. 129 OF 2015 -:9:- EXHIBIT P8 TRUE COPY OF THE FINAL ORDER DATED 18/5/2015 IN OA NO.180/00631/2014 IN MA NO.180/186/2015 IN OA NO.180/00631/2014 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM.