Kerala High Court
Ramesh Babu K vs Union Of India on 23 March, 2021
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943
WP(C).No.7177 OF 2021(V)
PETITIONER :-
RAMESH BABU K., AGED 52 YEARS
S/O.LATE ACHUTHAN NAIR,
CONSTABLE SPL. INTELLIGENCE BRANCH (SIB),
OFFICE OF DRM, RPF, SOUTHERN RAILWAY,
PALAKKAD - 678 002, RESIDING AT ACHUTHAM,
MARUTHI NAGAR, KALLEPULLI, PALAKKAD - 678 005.
BY ADV. SRI.U.BALAGANGADHARAN
RESPONDENTS :-
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
MINISTRY OF RAILWAYS, RAIL BHAVAN,
NEW DELHI - 110 011.
2 DIRECTOR GENERAL,
RPF, RAILWAY BOARD, NEW DELHI - 110 001.
3 THE PRINCIPAL CHIEF SECURITY COMMISSIONER,
RPF, SOUTHERN RAILWAY HEAD QUARTERS,
MOORE MARKET COMPLEX, PARK TOW P.O.,
CHENNAI - 600 003.
4 THE PRINCIPAL CHIEF SECURITY COMMISSIONER,
RPF, DAYABASTI, NEW DELHI - 110 035.
BY SRI.A.DINESH RAO, SC, RAILWAYS
BY SRI.P VIJAYAKUMAR, ASG
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.7177 OF 2021(V)
-: 2 :-
JUDGMENT
Dated this the 23rd day of March, 2021 This writ petition is filed seeking the following reliefs :-
"1. Call for the records leading to Ext.P10 and set aside the same as illegal and arbitrary.
2. Issue writ in the nature of mandamus commanding the third respondent to decide whether the petitioner is entitled to be placed in the seniority list of Constables viz-a-viz his batch mates based on year of recruitment in RPSF.
3. Issue writ in the nature of mandamus commanding the third respondent to treat his transfer from RPSF to RPF as one to the post of Head Constable and grant him all consequential benefits including seniority.
4. Declare that the petitioner is entitled to be granted seniority in the post of Constables in RPF at par with the incumbents recruited along with him in RPF or treat him to have been transferred from RPSF to RPF in the post of Head Constable."
2. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the Railways.
3. It is submitted by the learned counsel for the petitioner that the petitioner has approached the 2 nd respondent with Ext.P11 appeal against Ext.P10 order and seeking counting of the service put in by him in the RPSF and for grant of all consequential benefits.
4. Having heard the learned counsel for the respondents as well, I am of the opinion that Ext.P11 appeal preferred by the WP(C).No.7177 OF 2021(V) -: 3 :- petitioner is liable to be considered by the 2 nd respondent, in accordance with law.
There will, accordingly, be a direction to the 2 nd respondent to take up, consider and pass orders on Ext.P11 appeal preferred by the petitioner, after putting the petitioner on notice and after hearing him through any appropriate means, including through video conferencing, within a period of three months from the date of receipt of a copy of this judgment.
Sd/-
ANU SIVARAMAN JUDGE Jvt/24.3.2021 WP(C).No.7177 OF 2021(V) -: 4 :- APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE ORDER NO. 2007/SEC(ARE)/TR-6/89 (PT-A) DATED 29.02.2008 OF 1ST RESPONDENT.
EXHIBIT P2 A TRUE COPY OF REPORTING ORDER NO.
X/P.677/IRT/VOL.II DATED 11.04.2008 OF 3RD RESPONDENT.
EXHIBIT P3 A TRUE COPY OF THE RELEVANT PAGES OF RPF RULES 1987.
EXHIBIT P4 A TRUE COPY OF RELEVANT PAGES OF STANDING ORDER 70. EXHIBIT P5 A TRUE COPY OF THE MINISTRY OF RAILWAYS LETTER NO.
86/SEC(E)/TR-I/1 DATED 09.08.2006.
EXHIBIT P6 A TRUE COPY OF THE JUDGMENT DATED 14.02.2018 IN PC 27828/2010 OF HIGH COURT OF MADRAS.
EXHIBIT P7 A TRUE COPY OF THE ORDER NO. X/P.608/HC.RULE 70 DATED 21.09.2015 OF CHIEF SECURITY COMMISSIONER.
EXHIBIT P8 A TRUE COPY OF THE JUDGMENT DATED 22.03.2018 IN WPC 5992/2018 OF THIS COURT.
EXHIBIT P9 A TRUE COPY OF THE REPRESENTATION DATED 12.08.2018 TO 3RD RESPONDENT BY THE PETITIONER.
EXHIBIT P10 A TRUE COPY OF THE ORDER NO. X/P.W.PC.5992/2018 DATED 08.10.2018 OF 3RD RESPONDENT.
EXHIBIT P11 A TRUE COPY OF THE APPEAL DATED 03.11.20202 TO THE SECOND RESPONDENT BY THE PETITIONER.
//TRUE COPY// P.A. TO JUDGE