Kerala High Court
Union Of India vs Shri. S.Anilkumar on 23 November, 2011
Author: Thottathil B.Radhakrishnan
Bench: Thottathil B.Radhakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN
&
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY, THE 14TH DAY OF MARCH 2014/23RD PHALGUNA, 1935
OP (CAT).No. 1681 of 2012 (Z)
------------------------------
OA NO. 870/2010 OF CENTRAL ADMINISTRATIVE TRIBUNAL,
ERNAKULAM BENCH DATED 23/11/2011
......................
PETITIONER(S):(RESPONDENTS IN OA):
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1. UNION OF INDIA,
REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY,
HEADQUARTERS OFFICE, PARK TOWN POST OFFICE, CHENNAI-3.
2. THE CHIEF PERSONNEL OFFICER,
SOUTHERN RAILWAY,HEADQUARTERS OFFICE,
PARK TOWN POST OFFICE, CHENNAI-3.
3. THE DIVISIONAL PERSONNEL OFFICER,
SOUTHERN RAILWAY,PALGHAT DIVISION, PALGHAT-678 002.
BY ADV. SRI.JAMES KURIAN, SC, RAILWAYS
RESPONDENT(S):(APPLICANT IN OA):
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SHRI. S.ANILKUMAR,
S/O. SASI BHOOSHANAN NAIR, SECTION ENGINEER/WORKS,
SOUTHERN RAILWAY,PALGHAT, RESIDING AT QUARTER NO. 394,
HEMAMBIKA NAGAR, RAILWAY COLONY,PALGHAT,
PIN-678002.
BY ADVS. SRI.T.C.GOVINDA SWAMY
SRI.G.SHYAM RAJ
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 14-03-2014,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
OP(CAT)NO.1681/2012 (Z)
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1: COPY OF OA.NO.870/2010 ALONG WITH RELEVANT PORTION OF
ANNEXURES OF CAT/ERNAKULAM
EXT.P2: COPY OF REPLY STATEMENT ALONG WITH ANNEXURES IN
O.A.NO. 870/2010 OF CAT/ERNAKULAM.
EXT.P3: COPY OF ORDER DTD. 23/11/2011 IN OA.NO.870/2010 OF CAT/
ERNAKULAM.
EXT.P4: COPY OF RELEVANT PORTION OF PARA 320, CHAPTER III,
SECTION 'A' OF INDIAN RAILWAY ESTABLISHMENT MANUAL
VOL.I.
RESPONDENT'S EXHIBITS: N I L
/TRUE COPY/
P.S.TOJUDGE
Kss
THOTTATHIL B.RADHAKRISHNAN
& A.MUHAMED MUSTAQUE, JJ.
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O.P.(CAT).No.1681 of 2012
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Dated this the 14th day of March, 2014
J U D G M E N T
Thottathil B.Radhakrishnan, J.
Heard.
2. The issue that fell for consideration before the learned Tribunal was as to the correction of the date of entry of the applicant into the Grade of Rs.2000-3200/- (Section Engineer). After analysing the facts, the learned Tribunal found that the date of entry of the applicant was 14/10/1992 and he entered the cadre of Section Engineer on 28/10/1993. To hold so, the learned Tribunal has clearly noticed the distinction between the term "cadre" which refers to a distinct "class of officers" and the term "grade" which refers to the scale of pay. The Tribunal noted paragraph 203.5 of Chapter II of Section `A' of the Indian Railway Establishment Manual Vol-I and held that the employee concerned will gain a higher position in the integrated seniority list of eligible candidates for promotion to group `B' in the light of that provision but, his seniority to the cadre of Section Engineer will not change. The Tribunal also held that training being an essential part O.P.(CAT).No.1681/2012 -:2:- of service, there is no reason not to count the period spent on training for seniority in the grade. Reasoning so, the Tribunal held ultimately, that the employee was entitled to succeed and the establishment was directed to correct the date of entry of the employee into the grade of Rs.2000-3200/- (SE) as 14/10/1992 and to take consequential action to consider his promotion to Group `B' service from the date of promotion of his juniors, with all benefits. We do not find any legal infirmity or jurisdictional error in the approach of the Tribunal warranting interference at our hands under Article 227 of the Constitution of India, at the instance of the establishment. This original petition fails and the same is accordingly, dismissed. No costs.
SD/-
THOTTATHIL B.RADHAKRISHNAN, JUDGE SD/-
A.MUHAMED MUSTAQUE, JUDGE ms