Kerala High Court
Vijith A.N vs The General Manager on 8 July, 2021
OP (CAT) No.34/2021 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
Thursday, the 8th day of July 2021 / 17th Ashadha, 1943
OP (CAT) NO. 34 OF 2021
(AGAINST THE ORDER DATED 03.06.2021 IN OA 180/223/2021 OF CENTRAL ADMINISTRATIVE
TRIBUNAL,ERNAKULAM BENCH, ERNAKULAM)
PETITIONER/APPLICANT IN THE O.A:
VIJITH A.N, S/O. GOVINDAN,AGED 38 YEARS, STAFF NO. J/T 5015, PF NO.
15551201240., NOW WORKING AS STATION MASTER, KANNAPURAM, SOUTHERN
RAILWAY, PERMANENTLY RESIDING AT NIDUVOTE HOUSE, P.O. MAVILAYI,
KANNUR DISTRICT, PIN-670622. MOB. 9744317090.
RESPONDENTS/RESPONDENTS:
1. THE GENERAL MANAGER, SOUTHERN RAILWAYS, PARK TOWN, CHENNAI, PIN 600
002.
2. THE DIVISIONAL RAILWAY MANAGER, DRM OFFICE COMPLEX, SOUTHERN
RAILWAY, PALAKKAD DIVISION, PALAKKAD, PIN-678 002
3. THE SENIOR DIVISIONAL OPERATING MANAGER, DRM OFFICE COMPLEX,
SOUTHERN RAILWAY, PALAKKAD DIVISION, OLAVAKKOD, PALAKKAD, PIN-678
002
4. THE SENIOR DIVISIONAL PERSONAL OFFICER, DRM OFFICE COMPLEX, SOUTHERN
RAILWAY, PALAKKAD DIVISION, OLAVAKKOD, PALAKKAD, PIN-678 002
5. STATION SUPERINTENDENT, SOUTHERN RAILWAY, KANNAPURAM KANNUR-670 301
OP(CAT) praying inter alia that in the circumstances stated in the
affidavit filed along with the OP (CAT) the High Court be pleased to stay
the operation and implementation of Annexure A18,A20 and A21 in O.A
180/223/2021 on the file of the Central Administrative Tribunal(Ext.P1)
pending disposal of the above Original Petition.
This petition coming on for admission on 08.07.2021 upon perusing
the petition and the affidavit filed in support of OP (CAT) and upon
hearing the arguments of M/S.K.MOHANAKANNAN, BYJU RAGHAVAN E. Advocates
for the petitioner and of Sri.B.RAJESH, SC,RAILWAYS, for the
respondents,the court passed the following.
OP (CAT) No.34/2021 2/4
APPENDIX OF OP (CAT) 34/2021
Annexure A18 TRUE COPY OF THE ORDER BEARING NO. 00/NO. J/T-20/2021
DATED 22.4.2021.
Annexure A20 TRUE COPY OF THE COMMUNICATION BEARING NO.
J/T-20/SNP/VAN DATED 5.5.2021.
Annexure A21 TRUE COPY OF THE COMMUNICATION BEARING NO.
J/T-20/SNP/VAN DATED 17.5.2021, ISSUED BY THE 4TH
RESPONDENT.
Annexure A7 TRUE COPY OF THE OFFICE NOTE NO.J/P 11/CON/SPL SUPY
POSTS/VOL V DATED 7.9.2020 ISSUED BY THE 4TH
RESPONDENT.
Annexure A9 TRUE COPY OF THE ORDER NO. J/T-15/2020 DATED 8.9.2020
ISSUED BY THE 4TH RESPONDENT.
Annexure A12 TRUE COPY OF THE ORDER NO. J/T20/KPQ/VAN/1 DATED
7.10.2020 ISSUED BY THE 3RD RESPONDENT.
Annexure A15 TRUE COPY OF THE RELIEVING ORDER NO. SS/KPQ/DATED
8.10.2020 AFFIXED IN THE NOTICE BOARD OF KANNAPURAM
STATION.
Annexure A17 TRUE COPY OF THE JUDGMENT IN OA 180/00511/2021 DATED
23.3.2021.
EXHIBIT P1: TRUE COPY OF THE O.A 180/223/2021 OF THE HON'BLE
TRIBUNAL WITH ANNEXURES.
OP (CAT) No.34/2021 3/4
ALEXANDER THOMAS & A.BADHARUDEEN , J J.
------------------------------------------------
OP(CAT) No.34 of 2021
(Arising out of order dated 03-06-2021 in O.A (CAT) No.180/223/2021
on the file of CAT, Ekm.)
----------------------------------------------------
Dated this the 8th day of July, 2021
ORDER
Sri.B.Rajesh, the learned Standing counsel for the Railways
seeks short time to get instructions from the respondents. Time granted.
In that regard the competent authority of the official respondents will
hold specific instructions to the learned Standing counsel for the
Railways as to the reasons for not complying with the directions issued by
the CAT, Ernakulam Bench, as per Annexure A17 dated 23-3-2021 in O.A
No. 511 of 2020, more particularly as to why there is inordinate delay in
compliance with that verdict, though the time limit of one month
stipulated therein has elapsed long ago. By Annexure A17 final order, the
Tribunal has quashed the impugned proceedings therein, whereby the
petitioner was earlier ordered to be appointed and deployed as Section
Controller in Palakkad, as it was found that the said post involves
discharge of arduous and heavy duties and that in view of the medical
decategorization of the petitioner due to his serious heart ailments, such
posting in a safety category job is not legally permissible. Over and above
OP (CAT) No.34/2021 4/4
OP(KAT) No.156 of 2021
that the Tribunal by Annexure A17 has also quashed the impugned
proceedings therein at Annexures A7, A9, A12 and A15 therein.
Accordingly, it is ordered that the respondents shall take immediate
steps to ensure that the directions of the Tribunal in Annexure A17 are
complied with as expeditiously as possible and in the said process, the
petitioner shall not be posted to any post involving arduous and heavy
responsibilities in a safety job and he should be accommodated in a
non safety job taking into consideration his serious heart ailments.
2. It is also made clear that the delay on the part of the
respondents in complying with the verdict of the Tribunal in
Annexure 17, cannot be a basis to take any action detrimental to the
applicant, as the respondents cannot take advantage of their own
wrong in not complying with the verdict of the Tribunal.
List the case on 21-07-2021.
H/o to both sides.
ALEXANDER THOMAS, JUDGE
A.BADHARUDEEN, JUDGE
amk
08-07-2021 /True Copy/ Assistant Registrar
