Kerala High Court
M. Remani vs Union Of India on 31 July, 2025
2025:KER:57714
O.P. (CAT)No.71 of 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 31ST DAY OF JULY 2025 / 9TH SRAVANA, 1947
OP (CAT) NO. 71 OF 2025
AGAINST THE ORDER DATED IN MA NO.702 OF 2023 OF CENTRAL
ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH ARISING OUT OF THE
ORDER DATED IN OA NO.388 OF 2023 OF CENTRAL ADMINISTRATIVE
TRIBUNAL,ERNAKULAM BENCH
PETITIONER/APPLICANT:
1 M. REMANI
AGED 61 YEARS, W/O LATE V. CHANDRAN
(EX-SENIOR GATE KEEPER AT IRINJALAKUDA, SOUTHERN
RAILWAY, TRIVANDRUM DIVISION) RESIDING AT VEDHIKA
(VETTUKATTIL) NEAR HEALTH CENTRE, KULAPPULLY P.O,
SHORNUR, PIN - 679002
2 ARCHANA V. C
AGED 24 YEARS, D/O LATE V CHANDRAN
(EX-SENIOR GATE KEEPER AT IRINJALAKUDA, SOUTHERN
RAILWAY, TRIVANDRUM DIVISION) RESIDING AT VEDHIKA
(VETTUKATTIL) NEAR HEALTH CENTRE, KULAPPULLY P.O,
SHORNUR, PIN - 695002
BY ADV SHRI.M.S.UNNIKRISHNAN NAIR
RESPONDENTS/RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY GENERAL MANAGER, SOUTHERN RAILWAY,
PARK TOWN, CHENNAI, PIN - 600003
2025:KER:57714
O.P. (CAT)No.71 of 2025
2
2 DIVISIONAL RAILWAY MANAGER
SOUTHERN RAILWAY, THYCAUD,
THIRUVANANTHAPURAM, PIN - 695014
3 SENIOR DIVISIONAL PERSONNEL OFFICER
DRM OFFICE, SOUTHERN RAILWAY, THYCAUD,
THIRUVANANTHAPURAM-, PIN - 695014
4 ASSISTANT OPERATION MANAGER/G
OFFICE OF THE DOM, DRM BUILDING, SOUTHERN RAILWAY,
THIRUVANANTHAPURAM, PIN - 695014
BY ADV SMT.ALKA WARRIAR, CGC
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON
31.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:57714
O.P. (CAT)No.71 of 2025
3
JUDGMENT
Dated this the 31st day of July, 2025 Nitin Jamdar, C.J.
Heard Mr. M.S. Unnikrishnan Nair, learned counsel for the Petitioners and Ms. Alka Warriar, learned Central Government Counsel.
2. The learned counsel for the Petitioners, after arguing for some time, seeks leave to withdraw the petition. He states that he will make a request to the Respondent authorities to sympathetically consider the case for some solace, in view of the fact that the petition is now prosecuted by the Petitioners - widow of the employee and his daughter.
3. The petition is accordingly disposed of as withdrawn.
Sd/-
Nitin Jamdar Chief Justice Sd/-
Basant Balaji Judge vpv 2025:KER:57714 O.P. (CAT)No.71 of 2025 4 APPENDIX OF OP (CAT) 71/2025 PETITIONER ANNEXURES Exhibit P1 A TRUE COPY OF THE ORDERS IN MA NO.702/2023 AND OA NO.388/2023 PASSED BY THE LEARNED TRIBUNAL DATED 22.03.2024 Exhibit P2 A TRUE COPY OF THE ORIGINAL APPLICATION NO.
180/00388/2023 DATED 22.03.2024 ALONG WITH ITS ANNEXURES .
Annexure A1 TRUE COPY OF THE LETTER NO.V/T20/GL/SF-5/IJK/3/2012 DATED 18.08.2014 ALONG WITH TYPED COPY Annexure A2 TRUE COPY OF THE RTI APPLICATION SUBMITTED ON BEHALF OF THE APPLICANT DATED 20.12.22. Annexure A3 TRUE COPY OF THE LETTER NO.V/P. CO-ORD/SRTVD/R/P/23/00012 DATED 16.02.2023. Annexure A4 TRUE COPY OF THE ADHAR NO.804562564880 OF THE FIRST APPLICANT.
Annexure A5 TRUE COPY OF THE ADHAR NO.354602612092 OF THE SECOND APPLICANT Annexure A6 TRUE COPY OF THE PRESCRIPTION DATED 14.03.2010 OF DR. SOSAMMA FRANCIS Annexure A7 TRUE COPY OF THE DEATH CERTIFICATE DATED 05.04.2021.
Annexure A8 TRUE COPY OF THE REPRESENTATION 16.08.2021 SUBMITTED BY THE FIRST APPLICANT. Annexure A9 TRUE COPY OF THE LETTER NO.V/P CO-ORD/SRTVD/R/P/22/00271 DATED 28.12.2022 Annexure A10 TRUE COPY OF THE THE RAILWAY SERVANTS (DISCIPLINE AND APPEAL) RULES 1968 Annexure A11 TRUE COPY OF THE RAILWAY BOARD MASTER CIRCULAR NO: 67 OF 23/12/2019 Annexure A12 TRUE COPY OF THE PARA 65 (1) OF RAILWAY SERVICES (PENSION) RULES 1993 Annexure A13 TRUE COPY OF THE RAILWAY BOARD CIRCULAR RBE NO: 164/2008 DATED 04/11/2008 Annexure A14 TRUE COPY OF THE JUDGEMENT OF THE APEX COURT MAHINDRA DUTT SHARMA VS UNION OF INDIA & OTHERS ( CIVIL APPEAL NO: 211 OF 2009) Annexure A15 TRUE COPY OF THE JUDGMENT IN WRIT PETITION WP (C) NO: 1214 OF 2020 DATED 11.02.2022.
2025:KER:57714 O.P. (CAT)No.71 of 2025 5 Exhibit P3 A TRUE COPY OF THE MISCELLANEOUS APPLICATION NO. 180/702/2023 DATED 08.08.2023 Exhibit P4 A TRUE COPY OF THE OBJECTION FILED ON BEHALF OF THE RESPONDENTS 1 TO 4 DATED 03.10.2023 IN MA NO.702/ 2023 Exhibit P5 5. A TRUE COPY OF THE REPLY TO THE OBJECTION FILED BY THE PETITIONERS DATED 08.12.2023