Kerala High Court
Union Of India vs T. Siva Sankaran on 23 March, 2023
Author: S.V. Bhatti
Bench: S.V.Bhatti
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE S.V.BHATTI
&
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
OP (CAT) NO. 35 OF 2023
AGAINST THE ORDER IN OA 180/00609/2020 OF CENTRAL ADMINISTRATIVE
TRIBUNAL, ERNAKULAM BENCH
PETITIONER/S:
1 UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER,
SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK TOWN P.O.,
CHENNAI, PIN - 600003
2 THE DIVISIONAL RAILWAY MANAGER
SOUTHERN RAILWAY, TRIVANDRUM DIVISION,
THIRUVANANTHAPURAM, PIN - 695014
3 THE DIVISIONAL PERSONNEL OFFICER
SOUTHERN RAILWAY, TRIVANDRUM DIVISION,
THIRUVANANTHAPURAM, PIN - 695014
BY ADV T.V.VINU
RESPONDENT/S:
1 T. SIVA SANKARAN, AGED 59 YEARS
S/O.THANKAPPAN, TRACKMAN, SOUTHERN RAILWAY, OFFICE OF
THE SENIOR SECTION ENGINEER, PERMANENT WAY, NAGERCOIL
JUNCTION, TRIVANDRUM DIVISION. RESIDING AT 15/17, 2ND
STREET, THANUMALAIYAN NAGAR, SUCHINDRAM POST,
KANYAKUMARI DISTRICT, PIN - 629704
O.P.(CAT) No.35/2023
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2 C. NALLATHANGAM
AGED 60 YEARS
S/O. CHELLAIAH, RETD. TRACKMAN, SOUTHERN RAILWAY, OFFICE
OF THE SENIOR SECTION ENGINEER, PERMANENT WAY, NAGERCOIL
JUNCTION, TRIVANDRUM DIVISION. RESIDING AT: 16/58A,
SAMATHANAPURAM, KOVALAM POST, KANYAKUMARI DISTRICT,
PIN - 629702
3 G. PEACHI
AGED 68 YEARS
S/O.GANAPATHY THEVAR, RETD. TRACKMAN, SOUTHERN RAILWAY,
OFFICE OF THE SENIOR SECTION ENGINEER, PERMANENT WAY,
NAGERCOIL JUNCTION, TRIVANDRUM DIVISION. RESIDING AT: 83
THEVAR EAST STREET, NORTH VALLIYUR, RADHAPURAM TALUK,
TIRUNELVELI DISTRICT, PIN - 627117
4 A. PINNAVANAM
AGED 68 YEARS
S/O. ARUNACHALAM, RETD. TRACKMAN, SOUTHERN RAILWAY,
OFFICE OF THE SENIOR SECTION ENGINEER, PERMANENT WAY,
NAGERCOIL JUNCTION, TRIVANDRUM DIVISION. RESIDING AT:
3/114, NABISWAMY KOIL STREET, SETHINGANALLUR P.O.,
SRIVAIKUNDAM, TUTICORIN DISTRICT, PIN - 628809
5 F. MOSES ANTONY
AGED 60 YEARS
S/O. FRANCIS, RETD. TRACKMAN, SOUTHERN RAILWAY, OFFICE OF
THE SENIOR SECTION ENGINEER, PERMANENT WAY, TRIVANDRUM
CENTRAL. RESIDING AT: 81/A-1/B, JOTHI STREET, CHRISTU NAGAR,
VETTURNIMADAM POST, NAGERCOIL, KANYAKUMARI DISTRICT,
PIN - 629003
6 V. JESU RAJ
AGED 59 YEARS
S/O. S. VARGHESE, TRACKMAN, SOUTHERN RAILWAY, OFFICE OF
THE SENIOR SECTION ENGINEER, PERMANENT WAY, NAGERCOIL
JUNCTION, TRIVANDRUM DIVISION RESIDING AT: 11-31,
PARUTHIVILAI, PAMPANVILAI, ANANTHANADARKUDIYIRUPPU
POST, KANYAKUMARI DISTRICT, PIN - 629201
O.P.(CAT) No.35/2023
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7 A. MARIYA GEORGE
AGED 65 YEARS
S/O. ANTONY MUTHU, RETD. TRACKMAN, SOUTHERN RAILWAY,
OFFICE OF THE SENIOR SECTION ENGINEER, PERMANENT WAY,
NAGERCOIL JUNCTION, TRIVANDRUM DIVISION RESIDING AT: 4/294,
SRIYANVILAI, KONAMCADU POST, KANYAKUMARI DISTRICT, PIN -
629803
BY ADV T.C.GOVINDASWAMY
OTHER PRESENT:
ADV. KALA T. GOPI
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 23.03.2023, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(CAT) No.35/2023
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JUDGMENT
S.V. Bhatti, J.
We have heard Mr T V Vinu, Central Government Counsel and Adv Kala T Gopi for parties.
2. The Original Petition is directed against the order dated 29.09.2022 in O.A. No.180/00609/2020 of the Central Administrative Tribunal, Ernakulam Bench. The operative portion of the order reads thus:
"7. In the light of the above decisions, I am convinced that the applicants are also entitled for the benefit as laid down in OP(CAT) 288 of 2017 and connected matters produced as Annexure A18. Having considered this, I am inclined to set aside A11 to A18 Orders. The date of regularisation of the applicants would be notionally reckoned with effect from
03.11.2003 without granting them any consequential/monetary benefits, except for the purpose of pension. Final orders shall be passed by the appropriate authority among the respondents afresh on Annexure A9 series representation. In the light of O.P.(CAT) No.35/2023 -5- what is stated above, as expeditiously as possible at any rate within a period of two months from the date of receipt of a copy of this order."
3. The counsel appearing for the parties state that this Court considered a similar issue in the judgment dated 07.02.2023 in OP (CAT) No.352/2017. In the judgment dated 07.02.2023, we have considered the ratio decidendi of this Court in O.P.(CAT) No.288/2017 and W.P.(C) No.23757/2010 and batch.
4. The circumstances in the case on hand are substantially similar to the circumstances considered in all three judgments. Hence, while accepting the view taken by the Tribunal, we do not see any other ground to entertain the petition. The petition fails, dismissed accordingly.
5. After the judgment is pronounced, Counsel for the petitioner requests time to implement the order under challenge. Two months' time for compliance from today is O.P.(CAT) No.35/2023 -6- granted to the petitioner.
With the above observation, O.P.(CAT) No.35/2023 stands dismissed.
Sd/-
S.V.BHATTI JUDGE Sd/-
BASANT BALAJI JUDGE jjj O.P.(CAT) No.35/2023 -7- APPENDIX OF OP (CAT) 35/2023 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF OFFICE ORDER BEARING NO.167/2008/WP DATED 02.09.2008, ISSUED BY THE 3RD RESPONDENT IN THE O.A. Annexure A2 TRUE COPY OF OFFICE ORDER BEARING NO.146/2008/WP DATED 04.08.2008, ISSUED BY THE 3RD RESPONDENT IN THE O.A. Annexure A3 TRUE COPY OF OFFICE ORDER BEARING NO.167/2012/WP DATED 29.11.2012, ISSUED BY THE 3RD RESPONDENT IN THE O.A. Annexure A4 TRUE COPY OF OFFICE ORDER BEARING NO.77/2010/WP DATED 14.06.2010, ISSUED BY THE 3RD RESPONDENT IN THE O.A. Annexure A5 TRUE COPY OF ORDER DATED 31.07.2012 IN O.A. NO.
1032/2011 RENDERED BY THE HON'BLE TRIBUNAL Annexure A6 TRUE COPY OF ORDER IN O.A NO. 784/2012 DATED 10.02.2015 RENDERED BY THE TRIBUNAL Annexure A7 TRUE COPY OF JUDGMENT IN OP (CAT) NO.138/2014 AND CONNECTED CASES DATED 21.12.2016 RENDERED BY THE HON'BLE HIGH COURT OF KERALA Annexure A8 TRUE COPY OF MEMORANDUM BEARING NO.V/P.407/I/CL/ENGG./COURT CASES DATED 20.03.2018 ISSUED BY THE 3RD RESPONDENT IN O.A. Annexure A9 TRUE COPIES OF REPRESENTATIONS SUBMITTED BY THE APPLICANTS TO THE 3RD RESPONDENT IN O.A. O.P.(CAT) No.35/2023 -8- Annexure A10 TRUE COPY OF THE ORDER IN O.A.NO.726/2018 DATED 04.09.2018 RENDERED BY THE TRIBUNAL Annexure A11 TRUE COPY OF THE ORDER BEARING NO.V/P.407/I/CL/COURT CASE, DATED 14.09.2020, ISSUED BY THE 3RD RESPONDENT TO THE 1ST APPLICANT Annexure A12 TRUE COPY OF THE ORDER BEARING NO.V/P.407/I/CL/COURT CASE DATED 16.09.2020 ISSUED BY THE 3RD RESPONDENT IN THE O.A. ISSUED TO THE 2ND APPLICANT Annexure A13 TRUE COPY OF THE ORDER BEARING NO.V/P.407/I/CL/COURT CASE DATED 16.09.2020 ISSUED BY THE 3RD RESPONDENT IN O.A. ISSUED TO THE 3RD APPLICANT Annexure A14 TRUE COPY OF THE ORDER BEARING NO.V/P.407/I/CL/COURT CASE DATED 14.09.2020 ISSUED BY THE 3RD RESPONDENT IN THE O.A. TO THE 4TH APPLICANT Annexure A15 TRUE COPY OF THE ORDER BEARING NO.V/P.407/I/CL/COURT CASE DATED 14.09.2020 ISSUED BY THE 3RD RESPONDENT IN O.A. TO THE 5TH APPLICANT Annexure A16 TRUE COPY OF THE ORDER BEARING NO.V/P.407/I/CL/COURT CASE DATED 14.09.2020 ISSUED BY THE 3RD RESPONDENT IN O.A. TO THE 6TH APPLICANT Annexure A17 TRUE COPY OF THE ORDER BEARING NO.V/P.407/I/CL/COURT CASE DATED 16.09.2020 ISSUED BY THE 3RD RESPONDENT IN O.A. ISSUED TO THE 7TH APPLICANT O.P.(CAT) No.35/2023 -9- Annexure A18 TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA IN OP (CAT) NO. 288/2017 DATED 16.11.2017 Exhibit P1 TRUE COPY OF THE ORIGINAL APPLICATION DATED 25.11.2020 NUMBERED AS O.A.NO.180/00609/2020, FILED BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH BY THE RESPONDENTS HEREIN Exhibit P2 TRUE COPY OF THE REPLY STATEMENT DATED 16.08.2021 IN O.A.NO.180/00609/2020 FILED BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH Exhibit P3 TRUE COPY OF THE ORDER DATED 29.09.2022 IN O.A.NO.180/00609/2020 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH