Kerala High Court
K.Kunjiraman Nambiar vs Union Of India on 6 September, 1994
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN
&
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY,THE 31ST DAY OF MARCH 2014/10TH CHAITHRA, 1936
WP(C).No. 8091 of 2010 (Z)
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O.A. 574/2007 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH
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PETITIONERS:
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1. K.KUNJIRAMAN NAMBIAR, AGED 77 YEARS,
S/O.RAMAN NAIR, RESIDING AT PADACHERY HOUSE,
PANTALAYANI P.O., QUILANDY- 673 305.
2. M.V.NARAYANAN, S/O.GOPALAN,
AGED 69 YEARS, RESIDING AT AJANTHA, TIKKOTI P.O.,
KOZHIKODE (DT) - 673 529.
3. BALAKRISHNAN NAIR, S/O.UNNI NAIR,
AGED 63 YEARS, RESIDING AT SAROJ NIVAS, MANNARI,
CHEMANCHERI P.O., KOZHIKODE (DT) - 673 304.
4. C.PADMANABHAN NAMBIAR,
S/O.NARAYANAN NAMBIAR, AGED 63 YEARS, RESIDING AT
PRABHA, KARAPARAMBA P.O., CALICUT - 673 010.
BY ADVS.SRI.M.R.HARIRAJ
SRI.SURAJ.S
SRI.P.A.KUMARAN
SRI.NIRMAL V NAIR
RESPONDENTS:
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1. UNION OF INDIA,
REPRESENTED BY THE SECRETARY TO DEPARTMENT OF RAILWAYS,
MINISTRY OF RAILWAYS, NEW DELHI.
2. THE GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI.
3. CHIEF PERSONNEL OFFICER, SOUTHERN RAILWAY, CHENNAI.
4. DIVISIONAL PERSONNEL MANAGER, PALAKKAD DIVISION, PALAKKAD.
BY SRI.JAMES KURIAN, S.C
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 31-03-2014, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Msd.
WP(C).No. 8091 of 2010 (Z)
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APPENDIX
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PETITIONER(S)' EXHIBITS:
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EXHIBIT P1: A TRUE COPY OF THE ORDER IN O.A.552/90 DATED 06.09.1994 OF THE
HONOURABLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM
BENCH.
EXHIBIT P2: A TRUE COPY OF THE JUDGMENT DATED 30.08.1996 IN
SLP NO.10691/95 OF THE HONOURABLE SUPREME COURT.
EXHIBIT P3: A TRUE COPY OF THE ORDER NO.J/P.612/VIII/VOL.VIII (CONTEMPT
CASE) DATED 30.09.2004 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P4: A TRUE COPY OF THE REPRESENTATION DATED 20.07.2006
SUBMITTED BY THE 1ST PETITIONER.
EXHIBIT P5: A TRUE COPY OF THE ORIGINAL APPLICATION FILED IN O.A.574/07
WITHOUT THE ANNEXURES.
EXHIBIT P6: TRUE COPY OF THE REPLY STATEMENT FILED BY THE
RESPONDENTS IN O.A.574/2007 ALONG WITH ANNEXURES.
EXHIBIT P7: A TRUE COPY OF THE FINAL ORDER DATED 24.07.2009 IN
O.A.574/2007 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL,
ERNAKULAM BENCH.
RESPONDENT(S)' EXHIBITS:
-----------------------------------------
NIL
//TRUE COPY//
P.S.TO JUDGE.
Msd.
THOTTATHIL B.RADHAKRISHNAN
& A.MUHAMED MUSTAQUE, JJ.
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W.P.(C)No..8091 of 2010
~~~~~~~~~~~~~~~~~~~~~~~~~
Dated this the 31st day of March, 2014
J U D G M E N T
Thottathil B.Radhakrishnan, J.
We have heard the learned counsel for the petitioners and the learned counsel for the Railway establishment.
2. The petitioners retired while working under the establishment. They claim the benefit of refixation as on the due dates of promotion, on the basis of the law laid down by the Apex Court in R.K.Subbarwal and others v. State of Punjab and others [(1995) 2 SCC 545] and Ajit Singh Januja and Others v. State of Punjab and others [AIR 1996 SC 1189] and the decision of Their Lordships in Special Leave Petition No.10691/1995, which confirmed the decision of the Central W.P.(C).No.8091/2010 -:2:- Administrative Tribunal, Ernakulam Bench on O.A.No.552/1990 and connected cases.
3. Going through the materials on record, we see that the enforcement of the decisions of the Apex Court, in that regard, was highly belated at the hands of the establishment and it was, ultimately, only on 30/09/2004 that the benefit was extended to one Shri.G.Somanathan Nair by recognising his seniority and fixing his last drawn pay making him eligible to enjoy all the due retiral benefits. The eligibility of the petitioners to enjoy such benefit is not in dispute. Even when the Tribunal declares a particular legal position and when the Hon'ble Supreme Court of India lays down the law in relation to particular issues as to promotions etc., it cannot be countenanced that the establishment has to await for the employees to go to different benches of the Tribunal and get W.P.(C).No.8091/2010 -:3:- orders, that too repeatedly for individual benefits. While we see the extinguishment of remedies by period of limitation, when rights have crystallized in terms of the declaration of the Hon'ble Supreme Court, we think that the Government servants who fall under such decision are entitled to expect the establishment to act in a fair and reasonable manner and extend to them the benefit of the declaration of law by the Supreme Court of the land. If that does not happen, it would only generate multiplicity of litigations, also making unavailable the man power of those who get involved in the litigations.
In the aforesaid circumstances, we are of the view that the petitioners had pleaded facts which showed a continuation of cause of action in favour of each of them since the benefit was due to them on the basis of the orders, which have become final and which would have an impact on the retirement W.P.(C).No.8091/2010 -:4:- dues. Under such circumstances, the impugned Ext.P7 decision of the Tribunal is set aside and this writ petition is allowed ordering that the petitioners herein are entitled to a direction as sought for in relief No.1 in O.A.No.574/2007 and for all consequential benefits, except those accruing on the basis of the last drawn pay as regards pension and other retiral benefits. The directions issued hereby shall be carried out and the benefits due to the petitioners by way of arrears shall be released within an outer limit of three months from the date of receipt of a copy of this judgment.
Sd/-
THOTTATHIL B.RADHAKRISHNAN, JUDGE Sd/-
A.MUHAMED MUSTAQUE, JUDGE ms