Kerala High Court
Union Of India vs R.C.Unnikrishnan on 3 November, 2005
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 C.T.RAVIKUMAR
TUESDAY, THE 20TH DAY OF MARCH 2012/30TH PHALGUNA 1933
WP(C).No. 34884 of 2007 (S)
-----------------------------------
OA.809/2005 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
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PETITIONER(S):
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1. UNION OF INDIA, REPRESENTED BY THE
CHAIRMAN, RAILWAY BOARD AND EX-OFFICIO PRINCIPAL
SECRETARY, MINISTRY OF RAILWAYS, RAIL BHAVAN
NEW DELHI-110 001.
2. DIVISIONAL PERSONNEL OFFICER,
SOUTHERN RAILWAY, TRIVANDRUM DIVISION
TRIVANDRUM-695 014.
BY ADV. SRI.JAMES KURIAN, SC, RAILWAYS
RESPONDENT(S):
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1. R.C.UNNIKRISHNAN, S/O.CHANDRAN PILLAI, WORKING AS
ASSISTANT LOCO PILOT, SOUTHERN RAILWAY QUILON,
RESIDING AT RAILWAY QUARTERS NO.184-C,QAC ROAD, QUILON.
2. P.JIJI, S/O.PHALGUNAN NAIR,WORKING AS ASSISTANT LOCO
PILOT, SOUTHERN RAILWAY,QUILON, RESIDING AT ANJANAM,
VADAKKEVILA, QUILON.
3. B.JAYAKUMAR, S/O.BALAKRISHNAN NAIR, WORKING AS
ASSISTANT LOCO PILOT, SOUTHERN RAILWAY QUILON,
RESIDING AT T.C.6/1644, THIRUMALA P.O., TRIVANDRUM.
4. T.SURESHKUMAR, S/O.THANKAPPAN, WORKING AS ASSISTANT
LOCO PILOT, SOUTHERN RAILWAY QUILON, RESIDING AT
THAZHVAVAN, NJEKKADU P.O., VADASSERIKUNNU, VARKALA,
TRIVANDRUM.
5. R.GUNASEELAN, S/O.RAMANKUTTY, WORKING AS ASSISTANT
LOCO PILOT, SOUTHERN RAILWAY QUILON, RESIDING AT
PANAVILA VEEDU, KAREEPARA, NELLIMUKKU P.O., KOLLAM.
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WPC.NO.34884/2007
6. P.ANILKUMAR, S/O.PADMASANAN NAIR,
WORKING AS ASSISTANT LOCO PILOT, SOUTHERN RAILWAY
QUILON, RESIDING AT THIRUVATHIRA, MANNOTTUKONAM
PAYATTUVILA P.O., KOLLAM.
7. R.SREESH KUMAR, S/O.RAJAGOPALA PILLAI,
WORKING AS ASSISTANT LOCO PILOT, SOUTHERN RAILWAY
QUILON, RESIDING AT PAVOOR PUTHEN VEEDU
CHOORAKODU P.O., ADOOR, PATHANAMTHITTA.
8. S.NIZARUDEEN, S/O.SHAMSUDEEN KUNJU,
WORKING AS ASSISTANT LOCO PILOT, SOUTHERN RAILWAY
QUILON, RESIDING AT RUKKU DALE, KUTTICHIRA
PEROOR, KOLLAM.
9. V.MOHANAN, S/O.VELAPPAN NAIR,
WORKING AS ASSISTANT LOCO PILOT, SOUTHERN RAILWAY
QUILON, RESIDING AT CHAITHRAM, PUTHUVAL ROAD
VALLAMCODE, OOKKODE P.O., TRIVANDRUM.
10. K.A.GEEVARGHESE, S/O.ABRAHAM,
WORKING AS ASSISTANT LOCO PILOT, SOUTHERN RAILWAY
QUILON, RESIDING AT KUNNATHUPARAMBIL HOUSE
VLANJAVATTOM P.O., THIRUVALLA, PATHANAMTHITTA.
11. B.GIREESH KUMAR, S/O.BALAKRISHNA PILLAI,
WORKING AS ASSISTANT LOCO PILOT, SOUTHERN RAILWAY
QUILON, RESIDING AT LATHA MANDIRAM, KELAMPADU
KADAKKAL P.O., QUILON.
12. S.K.MANGALANATHA PISHARADY,
S/O.KRISHNA PISHARADY
WORKING AS ASSISTANT LOCO PILOT, SOUTHERN RAILWAY
QUILON, RESIDING AT SHYAMALALAYAM, PIRAPPANCODE
TRIVANDRUM.
13. K.E.MUHAMMED KUNJU, S/O.K.S.IBRAHIM,
WORKING AS ASSISTANT LOCO PILOT, SOUTHERN RAILWAY
QUILON, RESIDING AT ELAYADATHU PARAMBIL KANNOTH
HOUSE, MAROTTICHODU, EDAPPALLY P.O.
14. CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH,
ERNAKULAM, REPRESENTED BY ITS REGISTRAR.
R1 TO R13 BY ADVS. SRI.M.P.VARKEY
SRI.MARTIN G.THOTTAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
20-03-2012, ALONG WITH WPC. 1264/2010 AND CONNECTED CASES
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C). NO. 34884/2007
APPENDIX
PETITIONER'S EXHIBITS:
P1: COPY OF O.A. NO.809/2005 FILED BEFORE THE CENTRAL
ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH DATED 03/11/2005
P2: COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS IN
O.A. NO.809/2005 DATED 31/03/2006.
P3: COPY OF REJOINDER FILED BY THE APPLICANT IN O.A. NO.809/2005
DATED 17/07/2006.
P5: COPY OF THE ORDER DATED 27/02/2007 OF THE HONOURABLE
CENTRAL ADMINISTRATIVE TRIBUNAL IN O.A. NO.809/2005.
RESPONDENT'S EXHIBITS: NIL
PETITIONER'S EXHIBITS:
ANNEXURES A4(SERIES)(COMPILATION NO.1)
A4(1):COPIES OF LETTER NO.V.P.535/VI/ACP/GE/VOL.1 DATED 04/03/05
ISSUED BY THE 2ND RESPONDENT TO THE 1ST APPLICANT.
A4(2): -DO- -DO- TO THE 2ND APPLICANT.
A4(3):-DO- -DO- TO THE 3RD APPLICANT.
A4(4):-DO- -DO- TO THE 4TH APPLICANT.
A4(5):-DO- -DO- TO THE 5TH APPLICANT.
A4(6):-DO- -DO- TO THE 6TH APPLICANT.
A4(7):-DO- -DO- TO THE 7TH APPLICANT.
A4(8):-DO- -DO- TO THE 8TH APPLICANT.
A4(9):-DO- -DO- TO THE 9TH APPLICANT.
A4(10):-DO- -DO- TO THE 10TH APPLICANT.
A4(11):-DO- -DO- TO THE 11TH APPLICANT.
A4(12):-DO- -DO- TO THE 12TH APPLICANT.
A4(13):-DO- -DO- TO THE 13TH APPLICANT.
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WPC. NO.34884/2007
ANNEXURE A5:COPY OF RAILWAY BOARD'S LETTER NO.PC.V/2004/ACP/1
DATED 13/12/2004.
COMPILATION NO.II
A1:COPY OF RAILWAY BOARD'S LETTER NO.PC.V/1/1 DATED 01/10/1999
CONTAINING ACP SCHEME.
A2:EXTRACT OF CLARIFICATION ON POINT NO.35 ON ACP AS PER
RAILWAY BOARD'S LETTER NO.PC.V/99/1/1/1 DATED 19/02/2002.
A3:COPY OF 1ST APPLICANT'S REPRESENTATION DATED 04/01/2005
TO THE 2ND RESPONDENT.
RESPONDENT'S EXHIBITS:
ANNEXURE R1:COPY OF THE SPECIMEN IN PROFORMA D.
ANNEXURE R2:COPY OF THE LETTER NO.M/P1(E)676/VI/RG/IDT/VOL.VI
DATED 18/06/1999.
/TRUE COPY/
P.A. TO JUDGE.
svs
Thottathil B.Radhakrishnan
&
C.T.Ravikumar, JJ.
= = = = = = = = = = = = = = = = = = = = = = = = WP(C).Nos.34884 of 2007, 1264 of 2010, 1309 of 2010, 1374 of 2010, 2286 of 2010 & 17795 of 2010 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 20th day of March, 2012 Judgment Thottathil B.Radhakrishnan, J.
1.These writ petitions are filed by the railway establishment against different orders of the Central Administrative Tribunal.
2.The crux of the matter is as to whether employees, who seek transfer on their request and go to another division after availing an earlier promotion, would be eligible to the benefit of the Assured Career Progression Scheme. In the first among the cases, i.e., O.A.No.809 of 2005, the Central Administrative Tribunal passed order on 27.2.2007[impugned in WP(C).No.34884/2007] specifically holding that the request for first WPC34884/07 & con.cases -: 2 :- financial up-gradation on completion of 12 years from the respective dates of regular service cannot be denied, having regard to the objects sought to be achieved by ACP Scheme. Paragraph 14 of that Scheme was quoted to point out that in case of an employee declared surplus in his/her cadre and in case of transfers including transfer on request, the regular service rendered by him/her in the previous organization shall be counted along with his/her regular service in his/her new organization for the purpose of giving financial up-gradation under the Scheme. The Tribunal also noted the Railway Board's clarificatory letter dated 19.2.2002 that in case of transfer on request, the regular service rendered in previous organization shall be counted against the regular service in the new organization for the purpose of getting financial up-gradation under the Scheme and this condition covers the case where a unilateral transfer to a lower post is also made.
3.Having noted as aforesaid and on examining the WPC34884/07 & con.cases -: 3 :- issue, the Railway has issued clarification, R.B.E.No.188/2010 (No.PC-V/2009/ACP/2, dated 28.12.2010), inter alia, to the effect that it is clarified that in case of transfer including unilateral transfer on request, regular service rendered in previous organization/office shall be counted along with the regular service in the new organization/office for the purpose of getting financial up-gradation under the Modified Assured Career Progression Scheme. However, financial up- gradation under the MACPS shall be allowed in the immediate next higher grade pay in the hierarchy of revised pay bands as given in the Railway Services (Revised Pay) Rules, 2008. To that extent, paragraph 24 of MACPS was ordered amended. In this view of the matter, nothing survives in favour of the establishment in this matter.
4.For the aforesaid reasons, these writ petitions fail and are accordingly dismissed. No costs. Before parting, we also record that WP(C). WPC34884/07 & con.cases -: 4 :- No.32367 of 2007, which was filed by the Railways on similar grounds, was dismissed on 30th January, 2012 on the premise that there was no challenge against the Tribunal's decision in O.A.No.809 of 2005. Obviously, there was some error in making submission on behalf of the Railways when WP(C).No.32367 of 2007 was taken up and considered. That issue no more survives, having regard to the fact that by this judgment, WP(C).No.34884 of 2007 arising from O.A.No.809 of 2005 also is dismissed.
Thottathil B.Radhakrishnan, Judge.
C.T.Ravikumar, Judge.
Sha/260312