IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
OP (CAT) NO. 320 OF 2019
AGAINST THE ORDER IN OA 180/2015 OF CENTRAL ADMINISTRATIVE
TRIBUNAL,ERNAKULAM BENCH
PETITIONER:
R.RAMESH
AGED 50 YEARS
S/O.K.P.RAGHAVAN NAIR, SENIOR DRESSER, RAILWAY
HOSPITAL, SOUTHERN RAILWAY, PALAKKAD, RESIDING AT
SHIVADAM, KRISHNA GARDENS, KALLEKULANGARA.P.O.,
PALAKKAD, PIN-678009
BY ADVS.
M.A.ABDUL HAKHIM
SRI.JOSEPH GEORGE (KANNAMPUZHA)
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE GENERAL MANAGER, SOUTHERN
RAILWAY, HEADQUARTERS OFFICE, PARK TOWN.P.O.,
CHENNAI-600003
2 CHIEF PERSONNEL OFFICER
SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK
TOWN.P.O., CHENNAI-600003
3 THE SENIOR DIVISIONAL PERSONNEL OFFICER
SOUTHERN RAILWAY, PALAKKAD DIVISION, PALGHAT-678002
4 THE SECRETARY TO THE GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS , RAILWAY BOARD,
RAIL BHAVAN, NEW DELHI-110001
OP(CAT)No.320 OF 2019
2
5 THE COMMANDING OFFICER,
8TH BATTALION, RAILWAY PROTECTION SPECIAL FORCE,
CHITTARANJAN, WEST BENGAL, PIN-713331
BY ADVS.
SRI.S.PRASANTH, ADDL.CGSC
SRI.S.PRASHANTH, SC, RAILWAYS
KRISHNA T C
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(CAT)No.320 OF 2019
3
JUDGMENT
Dated this the 7th day of July, 2022 MOHAMMED NIAS C.P., J Petitioner joined as a Constable in the Railway Protection Special Force (RPSF) on 17.05.1992. He met with an accident on 08.01.1994 sustaining serious injuries making him incapacitated to work in the same position. Resultantly, the petitioner was medically de-categorized as C1 category on 09.01.1997 and posted as Hospital Attendant by an order dated 26.12.1997 and he took charge on 07.01.1998. Long thereafter, he made a request on 19.11.2014 for considering him for a sedentary job duly fixing the scale as per the Railway Board circulars. He also made another representation on 26.02.2015 requesting for absorption in the equivalent grade prior to the medically de-categorization with fixation of scale with retrospective effect. Aggrieved by the inaction on the same, he moved the Central Administrative Tribunal by order dated 14.11.2019, which held that the petitioner is entitled to work against a supernumerary post of Railway Protection Special Force Constable for the period from 09.01.1997 to 07.01.1998. The scale of pay as sought for, was granted on notional basis but the financial benefits were restricted to three years prior to the filing of the Original Application. The request of the applicant to be appointed in a ministerial/clerical cadre was declined as the Tribunal found that the petitioner had willingly taken up the post seventeen years back and this, according to the Tribunal, changing of cadre at this distance of time was not acceptable. Being aggrieved by that part of the order of the Tribunal, this OP(CAT)No.320 OF 2019 4 Original Application is filed.
2. Having heard the learned counsel on either side and perusing the records, we are in complete agreement with the order of the Tribunal that declined the relief of considering him for an alternative appointment in ministerial/clerical cadre as he had, without demur, accepted the post as a Hospital Attendant and had worked as such from 1998 onwards. We do not think that there is any error committed by the Tribunal in arriving at such a finding, more so when, Annexure A8 representation is made on 19.11.2014, seventeen years after the posting as a Hospital Attendant.
In such circumstances, the finding of the Tribunal cannot be found fault with and we dismiss the OP(KAT). However, we direct the respondents to comply with the order of the Tribunal, if not already implemented, within a period of three months from today.
The Original Application is dismissed subject to above.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE Sd/-
MOHAMMED NIAS C.P.
JUDGE AJ/07.07.2022 OP(CAT)No.320 OF 2019 5 APPENDIX OF OP (CAT) 320/2019 PETITIONER ANNEXURES ANNEXURE A11 TRUE COPY OF THE RAILWAY BOARD ORDER BEARING RBE.NO.89/1999 DATED 29.4.1999 ANNEXURE A1 TRUE COPY OF THE RAILWAY BOARD ORDER BEARING RBE.NO.89/1999 DATED 29.4.1999 ANNEXURE A2 TRUE COPY OF THE RAILWAY BOARD ORDER BEARING R.NO.171/1997 DATED 4/12/1997 ANNEXURE A3 TRUE COPY OF OFFICE ORDER BEARING NO.J/MD.34/97 ISSUED BY THE 3RD RESPONDENT DATED 26.12.1997 ANNEXURE A4 TRUE COPY OF THE RAILWAY ORDER BEARING RBE NO.98/2005 DATED 31.5.2005 ANNEXURE A5 TRUE COPY OF THE RAILWAY BOARD ORDER BEARING RBE.NO.104/2006 DATED 1/7/2006 ANNEXURE A6 TRUE COPY OF THE COMMUNICATION BEARING NO.8BN/PF/CT-RR/C/97-468 ISSUED BY THE COMMANDING OFFICER, 8BN/RPSF, CHITTARANJAN RAILWAY BOARD ORDER BEARING RBE.NO.104/2006 DATED 5/2/1997 ANNEXURE A7 TRUE COPY OF THE DISCHARGE SUMMARY ISSUED BY THE CKJ CLINIC, TAILOR STREET, PALAKKAD IN FAVOUR OF THE APPLICATION DATED 28/5/2015 ANNEXURE A8 TRUE COPY OF THE REPRESENTATION ADDRESSED TO THE 2ND RESPONDENT DATED 19.11.2014 ANNEXURE A9 TRUE COPY OF THE REMINDER ADDRESSED TO THE 3RD RESPONDENT DATED 26.2.2015 ANNEXURE A10 TRUE COPY OF THE ORDER IN O.A.NO.180/00647/2015 DATED 18.8.2015 OP(CAT)No.320 OF 2019 6 EXHIBIT P1 A PHOTOSTAT COPY OF THE OA NO.180/00916/2015 FILED BY THE PETITIONER BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNKAULAM BENCH DATED 15.11.2015 EXHIBIT P2 A PHOTOSTAT COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS IN O.A.NO.180/00916/2015 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH DATED 15/01/2016 EXHIBIT P3 A PHOTOSTAT COPY OF THE DISCHARGE SUMMARY ISSUED BY THANKAM HOSPITAL, PALAKKAD TO THE PETITIONER DATED 14.07.2017 EXHIBIT P4 A PHOTOSTAT COPY OF THE ORDER OF THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH IN O.A.NO.180/00916/2015 DATED 14.11.2019