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Kerala High Court

P.K.Chandrasekhara Pillai vs The Chairman on 20 July, 2015

Author: Babu Mathew P. Joseph

Bench: P.R.Ramachandra Menon, Babu Mathew P.Joseph

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT:

            THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
                                   &
            THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH

         FRIDAY, THE 21ST DAY OF AUGUST 2015/30TH SRAVANA, 1937

             RP.No. 741 of 2015 ()  IN OP (CAT).2258/2012
             ---------------------------------------------
AGAINST THE ORDER/JUDGMENT IN OP (CAT) 2258/2012 of HIGH COURT OF
                       KERALA DATED 20-07-2015
REVIEW PETITIONER(S):
---------------------

      1. P.K.CHANDRASEKHARA PILLAI
       S/O.P.S.KESAVA PILLAI
       RETIRED CHIEF COMMERCIAL CLERK GRADE I
       SOUTHERN RAILWAY/ERNAKULAM GOODS,
       RESIDING AT 57/614, CUSTOMS COLONY
       POONITHURA, KOCHI 682 308.

          2. K.GOPINATHAN NAIR, AGED 77 YEARS
       S/O.KUMARA PILLAI
       RETIRED CHIEF COMMERCIAL CLERK GRADE 1
       SOUTHERN RAILWAY/ERNAKULAM JUNCTION,
       RESIDING AT 34/957, JAI VIHAR
       PRESS CLUB COLONY, EDAPPALLY, KOCHI 682 024.

       BY ADV. SRI.T.C.GOVINDA SWAMY

RESPONDENT(S):
----------------------------

        1.  THE CHAIRMAN,
       RAILWAY BOARD, MINISTRY OF RAILWAYS, RAIL BHAVAN
       NEW DELHI 110 001.

          2.  THE GENERAL MANAGER
       SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK TOWN P.O
       CHENNAI 600 003.

          3.  THE DIVISIONAL PERSONNEL OFFICER
       SOUTHERN RAILWAY, TRIVANDRUM DIVISIONAL OFFICE,
       THIRUVANANTHAPURAM 695 014.

       BY ADV.SRI.C.S.DIAS,SC, RAILWAYS


       THIS REVIEW PETITION  HAVING COME UP FOR ADMISSION  ON  21-08-
2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:



               P.R. RAMACHANDRA MENON
                                  &
               BABU MATHEW P. JOSEPH, JJ.
              ~~~~~~~~~~~~~~~~~~~~~~
                     R.P. No. 741 of 2015
                                  in
                 O.P. (CAT) No. 2258 of 2012
              ~~~~~~~~~~~~~~~~~~~~~
           Dated, this the 21st day of August, 2015

                            O R D E R

Ramachandra Menon, J.

Prayers raised in the R.P. are in the following terms :

"a) Review and correct the observation in paragraph 6 of Annexure - A judgment in OP(CAT) No. 2258 of 2012 dated 20 July 2015 to the effect, "pursuant to the admission of SLP No. 394/2012, wherein an interim order has been passed by the Apex Court granting interim stay of the common order passed by the Tribunal" as "pursuant to the admission of SLP No. 394/2012 wherein an interim order has been passed by the Apex Court granting interim stay of the order dated 13.09.2011 passed by the Central Administrative Tribunal, Ernakulam Bench, in CP(C) No. 67/2014 in O.A. No. 401/1993"

b) Pass such other orders or directions as deemed just, fit and necessary in the facts and circumstances of the case. R.P. No. 741 of 2015 in O.P. (CAT) No. 2258 of 2012 : 2 :

2. Heard the learned counsel appearing for the review petitioners as well as the learned standing counsel appearing for the Railways.

3. After going through the pleadings and proceedings and also the relevant orders/verdicts, we find that the clarification sought for as per the review petition can be allowed, so as to have clarity in all respects. It is ordered accordingly. We however make it clear, that we have not dealt with the scope of the interim order passed by the Apex Court, as it happens to be an order dealing with the common order passed by the Tribunal.

The Review Petition stands allowed to the said extent.

sd/-

P. R. RAMACHANDRA MENON, JUDGE sd/-

BABU MATHEW P. JOSEPH, JUDGE kmd