Union Of India vs G.R.Mahesh
2021 Latest Caselaw 14827 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT:
          THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
                               &
          THE HONOURABLE MR.JUSTICE P.V.KUNHIKRISHNAN
   THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
                      R.P.NO.148 OF 2021

 AGAINST THE JUDGMENT IN O.P (CAT)NO.39/2013 DATED 20.03.2020
                   OF HIGH COURT OF KERALA.
REVIEW PETITIONERS/ PETITIONERS:

    1     UNION OF INDIA,
          REPRESENTED BY THE GENERAL MANAGER,
          SOUTHERN RAILWAY, HEADQUARTERS OFFICE,
          PARK TOWN P.O., CHENNAI-3.
    2     THE CHIEF PERSONNEL OFFICER,
          SOUTHERN RAILWAY, HEADQUARTERS OFFICE,
          PARK TOWN P.O, CHENNAI-3.
    3     SENIOR DIVISIONAL PERSONAL OFFICER,
          SOUTHERN RAILWAY, PALAKKAD DIVISION,
          PALAKKAD-678 002
    4     SENIOR DIVISIONAL PERSONAL OFFICER,
          SOUTHERN RAILWAY, SALEM DIVISION, SALEM-5.
    5     THE SECRETARY TO GOVERNMENT OF INDIA,
          MINISTRY OF RAILWAYS (RAILWAY BOARD),
          NEW DELHI 110 001.
          BY ADV SRI.B.RAJESH, SC, RAILWAYS


RESPONDENT/S:

    1     ALL INDIA LOCO RUNNING STAFF ASSOCIATION,
          REG. NO. 17903, SOUTHERN RAILWAY, SOUTH ZONE,
          REPRESENTED BY ITS SECRETARY, GEOMY GEORGE, S/O.
          GEORGE CHERIAN, WORKING AS LOCO PILOT (MAIL),
          SHORANUR RAILWAY STATION, SHORANUR, RESIDING AT
          CHITHIRAPURAM HOUSE, K.V.R ROAD, SHORANUR-670 121.
 RP.148/2021 in OP(CAT).39/2013   - 2 -
& connected cases




    2     K.G. AJITHKUMAR, S/O. A.KARUNAKARAN,
          LOCO PILOT (MAIL), SOUTHERN RAILWAY,
          SHORANUR RAILWAY STATION, SHORANUR,
          RESIDING AT 162 B, RAILWAY QUARTERS,
          GANESHGIRI P.O, SHORANUR-679 123
    3     P.M. PRAKASH, S/O. P.K. MADHAVAN, LOCO PILOT (MAIL),
          SOUTHERN RAILWAY, SHORANUR RAILWAY STATION,
          SHORANUR, RESIDING AT RAILWAY QUARTERS NO.301 D,
          SHORANUR-679 121.
          R1 TO R3 BY ADV.SRI.T.C.GOVINDA SWAMY


          THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
15.07.2021, ALONG WITH RP.NOS.171/2021, 166/2021, 326/2021,
323/2021 & 68/2021, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
 RP.148/2021 in OP(CAT).39/2013   - 3 -
& connected cases




           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
          THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
                                 &
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
                       R.P.NO.68 OF 2021

AGAINST THE JUDGMENT IN O.P (CAT)NO.3953/2012 DATED 20.03.2020
                   OF HIGH COURT OF KERALA.


REVIEW PETITIONERS/ PETITIONERS:

    1     UNION OF INDIA,
          REPRESENTED BY THE GENERAL MANAGER,
          SOUTHERN RAILWAY, HEADQUARTERS OFFICE,
          PARK TOWN P. O., CHENNAI - 600 001.
    2     CHIEF PERSONNEL OFFICER,
          SOUTHERN RAILWAY, HEADQUARTERS OFFICE,
          PARK TOWN P. O., CHENNAI - 600 001.
    3     SR.DIVISIONAL PERSONNEL OFFICER,
          SOUTHERN RAILWAY, THIRUVANANTHAPURAM DIVISION,
          THIRUVANANTHAPURAM - 695 014.
    4     THE SECRETARY TO THE GOVERNMENT OF INDIA,
          MINISTRY OF RAILWAYS, RAILWAY BOARD, RAIL BHAVAN,
          NEW DELHI - 110 001.
          BY ADV SRI.B.RAJESH, SC, RAILWAYS


RESPONDENTS/ RESPONDENTS:

    1     ALL INDIA LOCO RUNNING STAFF ASSOCIATION,
          REG.NO.17903, SOUTHERN RAILWAY, TRIVANDRUM,
          REPRESENTED BY ITS SECRETARY G. SREEKANTAN,
          PRESENTLY WORKING AS LOCO PILOT (MAIL), QUILON,
          RESIDING AT - MARIVEEDU, ALINTHARA,
          VENJARAMOODU P. O., THIRUVANANTHAPURAM - 695 607.
 RP.148/2021 in OP(CAT).39/2013   - 4 -
& connected cases




    2     ROLY M. MUTTAPPILLIL, S/O. M. M. MANI,
          LOCO PILOT (MAIL), SOUTHERN RAILWAY,
          ERNAKULAM JUNCTION, RESIDING AT MUTTAPPILLIL HOUSE,
          KURAVILANGAD POST, KOTTAYAM - 686 633.
    3     C.S. KISHOR, S/O. CHANDRASEKHARAN NAIR, LOCO PILOT
          (MAIL), SOUTHERN RAILWAY, TRIVANDRUM CENTRAL,
          RESIDING AT 'HRIDYAM', T. C. 18/143(3), PLAVILA,
          THIRUMALA P.O., TRIVANDRUM - 695 006.


          R1 TO R3 BY ADV.SRI.T.C.GOVINDASWAMY


    THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
15.07.2021, ALONG WITH R.P.NO.148/2021 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
 RP.148/2021 in OP(CAT).39/2013   - 5 -
& connected cases


           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
          THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
                                 &
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
                      R.P.NO.326 OF 2021

AGAINST THE JUDGMENT IN O.P (CAT)NO.4220/2012 DATED 20.03.2020
                   OF HIGH COURT OF KERALA.


REVISION PETITIONERS/ PETITIONERS:

    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     DIVISIONAL PERSONNEL OFFICER,
          SOUTHERN RAILWAY, THIRUVANANTHAPURAM DIVISION,
          THIRUVANANTHAPURAM-695014.
          BY ADV SRI.B.RAJESH, SC, RAILWAYS.


RESPONDENTS/ RESPONDENTS:

    1     V.RAMESH, S/O. BHASKARAN, LOCO PILOT (MAIL),
          SOUTHERN RAILWAY, TRIVANDRUM, RESIDING AT: ASWATHY,
          CHIRAKKARATHAZHAM P.O., KOLLAM-691578.
    2     T.SANKARANARAYAN, S/O. THIRUVENGADAM,
          LOCO PILOT (MAIL), SOUTHERN RAILWAY, NAGERCOIL,
          RESIDING AT 153/36, VAYAL STREET, VADALIVILAI,
          KOTTAR, NAGERCOIL-629002.
    3     M.G.SAJIKUMAR, S/O. GOPINATHAN PILLAI, LOCO
          PILOT(MAIL), SOUTHERN RAILWAY/TRIVANDRUM, RESIDING
          AT TC 8/1082(1), MYTHREE NAGAR, VALIYAVILA,
          THIRUVANANTHAPURAM-695006.
 RP.148/2021 in OP(CAT).39/2013   - 6 -
& connected cases


    4     P.SELVAKUMAR, S/O.PETCHIMUTHU, LOCO PILOT (MAIL),
          SOUTHERN RAILWAY/NAGERCOIL,
          RESIDING AT PLOT NO. 102, 443 C-I, MOOKAMBIGA ILLOM,
          1ST CROSS STREET, PALAYAMKOTTAI,
          THIRUNELVELI-627002.
    5     K.SATHEESAN, S/O. KUTTAPPAN, LOCO PILOT (MAIL),
          SOUTHERN RAILWAY/QUILON, RESIDING AT SRUTHY,
          THURUTHIKKARA P.O., KUNNATHUR, KOLLAM-690540.
    6     R.RAJENDRAN, S/O. RAMAN PILLAI, LOCO PILOT (MAIL),
          SOUTHERN RAILWAY/QUILON, RESIDING AT THUNDIL BHAVAN,
          THIRUMULLAVAROM P.O., KOLLAM-691012.
    7     S.RAVICHANDRAN, S/O. MUTHU, LOCO PILOT (MAIL),
          SOUTHERN RAILWAY/TRIVANDRUM, RESIDING AT GURUKRIPA,
          TC 48/631, AMBALATHARA, THIRUVANANTHAPURAM-695026.
    8     K.V.DEVASSY, S/O.VARGHESE, LOCO PILOT (MAIL),
          SOUTHERN RAILWAY/ERNAKULAM,
          RESIDING AT KOVATHIL HOUSE, SAHAKARANA ROAD,
          PONNURUNNY, VYTILLA, ERNAKULAM-682019.
    9     B.SUBHASH BHASI, S/O. BHASKARAN, LOCO PILOT (MAIL),
          SOUTHERN RAILWAY/TRIVANDRUM, RESIDING AT SOUPARNIKA,
          ASWATHI GARDENS, AMBALATHARA,
          THIRUVANANTHAPURAM-695026.
    10    JENSON THOMAS, S/O. THOMAS, LOCO PILOT (MAIL),
          SOUTHERN RAILWAY/ERNAKULAM,
          RESIDING AT THEKKEKARA HOUSE, VAPPALASSERI P.O.,
          ANGAMALI, ERNAKULAM DISTRICT, PIN-683572.
    11    T.J.ROBERT, S/O. THOMMI JOSEPH, LOCO PILOT (MAIL),
          SOUTHERN RAILWAY/ERNAKULAM,
          RESIDING AT THAIPPARAMBIL HOUSE, GREEN LANE,
          SSKS ROAD, VADUTHALA P.O., KOCHI-682023.
    12    G.S.ABRAHAM, S/O. SAMUEL, LOCO PILOT (MAIL),
          SOUTHERN RAILWAY/QUILON, RESIDING AT TRA-1,
          KOTTURAZHIKOM, MUNDAKKAL WEST, KOLLAM-691010.
    13    B.PRADEEP, S/O. BALAKRISHNAN NAIR,
          LOCO PILOT (MAIL), SOUTHERN RAILWAY/TRIVANDRUM,
          RESIDING AT DEVI VIHAR, CHOZHIYAKKAD,
          CHANNANIKAD P.O., KOTTAYAM WEST, PIN-686533.
    14    K.MOHANAN PILLAI, S/O. KOCHUNNI KURUP, LOCO PILOT
          (PASSENGER), SOUTHERN RAILWAY/QUILON, RESIDING AT
          DARSANAM, EDAVATTOM, KARUVELIL P.O., EZHUKONE,
          KOLLAM-691505.
 RP.148/2021 in OP(CAT).39/2013   - 7 -
& connected cases




    15    A.C.GURUNATH, S/O. KUTTALAM PILLAI,
          LOCO PILOT (PASSENGER), SOUTHERN RAILWAY/TRIVANDRUM,
          RESIDING AT YNA-63, YAMUNA NAGAR, MANACAUD,
          THIRUVANANTHAPURAM-695009.
    16    LYNDON CHARLES, S/O. BENNET, LOCO PILOT (PASSENGER),
          SOUTHERN RAILWAY/TRIVANDRUM,
          RESIDING NEAR LMS COMPOUND, CHERUVARAKONAM,
          PARASSALA, THIRUVANANTHAPURAM-695502.


          R1 TO R16 BY ADV.SRI.MARTIN G.THOTTAN


          THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
15.07.2021, ALONG WITH R.P.148/2021 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
 RP.148/2021 in OP(CAT).39/2013   - 8 -
& connected cases




           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
          THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
                                 &
          THE HONOURABLE MR.JUSTICE P.V.KUNHIKRISHNAN
    THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
                      R.P.NO.171 OF 2021

AGAINST THE JUDGMENT IN O.P (CAT)NO. 2352/2013 DATED 20.03.2020
                    OF HIGH COURT OF KERALA.


PETITIONERS/ PETITIONERS:

    1     UNION OF INDIA,
          REPRESENTED BY THE GENERAL MANAGER,
          SOUTHERN RAILWAY, HEADQUARTERS OFFICE,
          PARK TOWN P.O., CHENNAI 600 003.
    2     CHIEF PERSONNEL OFFICER,
          SOUTHERN RAILWAY, HEADQUARTERS OFFICE,
          PARK TOWN P.O., CHENNAI 600 003.
    3     DIVISIONAL PERSONNEL OFFICER,
          SOUTHERN RAILWAY,
          THIRUVANANTHAPURAM DIVISION,
          THIRUVANANTHAPURAM 695 014.
    4     SECRETARY TO GOVERNMENT OF INDIA,
          MINISTRY OF RAILWAYS, RAILWAY ROAD,
          NEW DELHI-110 001.
          BY ADV SRI.B.RAJESH, SC, RAILWAYS


RESPONDENTS/ RESPONDENTS:

    1     G.R.MAHESH, S/O.R.GANGADHARAN, LOCO PILOT (MAIL),
          SOUTHERN RAILWAY/QUILON JUNCTION, RESIDING AT REMYA
          NIVAS, TKMC P.O., PEROOR, KOLLAM 691 005.
 RP.148/2021 in OP(CAT).39/2013   - 9 -
& connected cases




    2     K.PRADEEP KUMAR, S/O.KUNHIRAMAN, LOCO PILOT (MAIL),
          SOUTHERN RAILWAY, ERNAKULAM JUNCTION, COCHIN 682
          016, RESIDING AT PUNARTHAM HOUSE, WEST CHALKUDI,
          TRICHUR DISTRICT 680 001.


          R1 & R2 BY ADV.SRI.T.C.GOVINDA SWAMY


          THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
15.07.2021, ALONG WITH RP.148/2021 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
 RP.148/2021 in OP(CAT).39/2013   - 10 -
& connected cases



           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
                                 &
          THE HONOURABLE MR.JUSTICE P.V.KUNHIKRISHNAN
    THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
                         R.P.NO.166 OF 2021

 AGAINST THE JUDGMENT IN O.P (CAT)NO.194/2016 DATED 20.03.2020
                    OF HIGH COURT OF KERALA.


REVIEW PETITIONERS/ PETITIONERS:

    1     UNION OF INDIA,
          REPRESENTED BY THE GENERAL MANAGER,
          SOUTHERN RAILWAY, HEADQUARTERS OFFICE,
          PARK TOWN P.O., CHENNAI-600 003.
    2     SENIOR DIVISIONAL PERSONNEL OFFICER,
          SOUTHERN RAILWAY, THIRUVANANTHAPURAM DIVISION,
          THIRUVANANTHAPURAM-695 014.
    3     SENIOR DIVISIONAL FINANCE MANAGER,
          SOUTHERN RAILWAY, THIRUVANANTHAPURAM DIVISION,
          THIRUVANANTHAPURAM-695 014.
          BY ADV SRI.B.RAJESH, SC, RAILWAYS


RESPONDENT/RESPONDENT:

          P.P.CHACKO, S/O.PEELY, RETIRED LOCO PILOT/MAIL,
          SOUTHERN RAILWAY, ERNAKULAM,
          RESIDING AT POOTHRUKAYIL HOUSE, MEMURY P.O.,
          KOTTAYAM DISTRICT-686 611.
          BY ADV.SRI.MARTIN G. THOTTAN


          THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
15.07.2021, ALONG WITH RP.148/2021 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
 RP.148/2021 in OP(CAT).39/2013   - 11 -
& connected cases


           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
           THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
                                &
          THE HONOURABLE MR.JUSTICE P.V.KUNHIKRISHNAN
    THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
                     R.P.NO.323 OF 2021
 AGAINST THE JUDGMENT IN O.P (CAT)NO.327/2013 DATED 20.03.2020
                    OF HIGH COURT OF KERALA.

REVIEW PETITIONERS/ PETITIONERS:

    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     DIVISIONAL PERSONNEL OFFICER,
          SOUTHERN RAILWAY, THIRUVANANTHAPURAM DIVISION,
          THIRUVANANTHAPURAM-695014.
          BY ADV SRI.B.RAJESH, SC, RAILWAYS


RESPONDENTS/ RESPONDENTS:

    1     K.VENUGOPALA PILLAI, S/O KUNJUKRISHNA PILLAI,
          LOCO PILOT(MAIL),
          SOUTHERN RAILWAY, QUILON,
          RESIDING AT: RAILWAY QUARTERS NO.13, KOLLAM-691001.
    2     P.VIJAYAN, S/O PADMANABHAN ACHARY,
          LOCO PILOT(MAIL), SOUTH RAILWAY, QUILON,
          RESIDING AT P.N.SADANAM, KUZHUMATHIKADA.P.O,
          KOLLAM-691509.
          R1 & R2 BY ADV.SRI.MARTIN G.THOTTAN.


    THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
15.07.2021, ALONG WITH R.P.148/2021 AND CONNECTED CASES, THE
COURT ON THE SAME DAY PASSED THE FOLLOWING:
 RP.148/2021 in OP(CAT).39/2013      - 12 -
& connected cases




        K. Vinod Chandran & P.V.Kunhikrishnan, JJ.
      ---------------------------------------------
       R.P.No.148 of 2021 in O.P.(CAT) No.39/2013,
      R.P.No.68 of 2021 in O.P.(CAT) No.3953/2012,
      R.P.No.326 of 2021 in O.P.(CAT) No.4220/2012,
     R.P.No.171 of 2021 in O.P.(CAT) No.2352/2013,
      R.P.No.166 of 2021 in O.P.(CAT) No.194/2016 &
      R.P.No.323 of 2021 in O.P.(CAT) No.327/2013.
    -----------------------------------------------
          Dated, this the 15th day of July, 2021

                                 ORDER

Vinod Chandran, J.

The review petitions are filed against a

common judgment from the order of the Central

Administrative Tribunal, Ernakulam Bench. The grounds

raised essentially are three. That this Court, in

paragraph 23 while interpreting Clause 8 of the MACPS,

held that promotions in the hierarchy of posts in the

same pay band and with the same grade pay are to be

counted for MACPS. However, it was also stated that on

completion of 10 years in the same grade pay, the

higher grade pay has to be granted.

2. As far as clause 5 is concerned for the

purpose of grant of MACPS, the promotions earned and

upgradation granted under the ACP Scheme to those

grades which now carry the same grade pay due to RP.148/2021 in OP(CAT).39/2013 - 13 - & connected cases

merger of pay scales/upgradation of posts are to be

ignored. Hence for considering upgradation under

MACPS, the promotions/upgradations prior to its

introduction are to be ignored if they are in the same

Grade Pay due to implementation of the VIth Pay

Commission. Though fixation is granted with each

promotion in the pay bands, if the grade pay remains

the same for 10 years that would entitle the employee

to the higher grade pay on completion of 10 years, was

the finding.

3. As far as clause 8 is concerned it would

apply after 01.09.2008, the date of effect of MACPS.

This Court has clearly illustrated how the same is

applicable with reference to the specific posts and

the Fundamental Rule regarding benefit of fixation.

The only interpretation possible is that the tenure in

the promotional posts with the same grade pay ought to

be ignored for the purpose of grant of MACPS. If the

promotions or upgradations in the posts carrying the

same grade pay, on implementation of MACPS is to be

ignored, then definitely they are to be ignored RP.148/2021 in OP(CAT).39/2013 - 14 - & connected cases

subsequently too, as promotions, for the purpose of

MACPS or grant of higher grade pay. Such upgradation

would only be for grant of grade pay if there were in

fact promotions enjoyed in the grades with similar

grade pay and in the absence of promotions, fixation,

as also higher grade pay.

4. The next contention is with respect to the

decision in Union of India & Others v. M.V.Mohanan

Nair [(2020) 2 SCT 366] which, according to the review

petitioners, has not been fully followed. We are

afraid that the ground so urged is essentially to

re-hear the Original Petitions (CAT), which is not

permissible as has been held in State of West Bengal

v. Kamal Sengupta [(2008) 8 SCC 612].

5. In para 24 of the judgment under review,

this Court has said that Clause 5 is applicable as on

01.09.2008 and Clause 8 applies after 01.01.2006. The

date with reference to clause 8 is a mistake that

occurred inadvertently. What was stated with respect

to Clause 5 is that it applies as on the date of

implementation of MACPS, i.e., 01.09.2008. This is the RP.148/2021 in OP(CAT).39/2013 - 15 - & connected cases

date on which the MACPS has been brought into effect.

Clause 5 mitigates the heart-burn of the employees on

merger of scales in the promotional hierarchy. Clause

8 deals with the MACPS after 01.09.2008 when the

employees are stagnated in the revised pay bands with

same grade pay as implemented by the VI th Pay

Commission, which Pay Commission proposals were

implemented as on 01.01.2006. Hence, there is a

mistake occurred in referring to the date 01.01.2006

for application of clause 8. We correct the same as

"Clause 8 applies after 01.09.2008 and for the purpose

of grant of MACPS the stagnation has to be related to

01.01.2006, for the purpose of computing the period of

continuance in the same grade pay, which can only be

after implementation of the VIth Pay Commission as on

01.01.2006".

6. The next ground is on what transpired in

the industry level talks which are irrelevant in so

far as the interpretation of the clauses in the scheme

are considered. Definitely the decision on pay

fixation and connected matters are the exclusive RP.148/2021 in OP(CAT).39/2013 - 16 - & connected cases

premise of the executive; and we have not infringed

upon such powers or made a fixation by ourselves. We

interpreted the specific clauses introduced by the

executive, which definitely is within the premise of

judicial interpretation; the job or rather the duty of

the Courts.

The Review Petitions are rejected with the

limited clarification made above.

Sd/-

K. Vinod Chandran Judge

Sd/-

P.V.Kunhikrishnan Judge

vku/-

RP.148/2021 in OP(CAT).39/2013 - 17 - & connected cases

APPENDIX OF RP 148/2021

PETITIONERS' ANNEXURE ANNEXURE P1 CERTIFIED COPY OF THE JUDGMENT IN OP(CAT) NO.39/2013(Z) DATED 20.03.2020. RP.148/2021 in OP(CAT).39/2013 - 18 - & connected cases

APPENDIX OF RP 68/2021

PETITIONERS' ANNEXURES ANNEXURE P1 CERTIFIED COPY OF THE JUDGMENT DATED 20TH MARCH 2020 PASSED IN O.P.(CAT) NO.3953 OF 2012 AND CONNECTED CASES. ANNEXURE P2 TRUE COPY OF THE JUDGMENT DATED 05.03.2020 IN C.A.NO.2016 OF 2020 ARISING OUT OF SLP NO.21803 OF 2014.

RP.148/2021 in OP(CAT).39/2013 - 19 - & connected cases

APPENDIX OF RP 326/2021

PETITIONER ANNEXURE ANNEXURE P1 CERTIFIED COPY OF THE JUDGMENT DATED 20TH MARCH 2020 PASSED IN O.P.(CAT) NO.4220 OF 2012 & CONNECTED CASES.

RP.148/2021 in OP(CAT).39/2013 - 20 - & connected cases

APPENDIX OF RP 171/2021

PETITIONERS' ANNEXURES ANNEXURE P1 TRUE COPY OF THE JUDGMENT DATED 20TH MARCH 2020 PASSED IN O.P(CAT) NO.2352 OF 2013 AND CONNECTED CASES.

ANNEXURE P2 TRUE COPY OF THE JUDGMENT DATED 5.3.2020 IN CA NO.2016 OF 2020 ARISING OUT OF SLP NO.21803 OF 2014.

RP.148/2021 in OP(CAT).39/2013 - 21 - & connected cases

APPENDIX OF RP 166/2021

PETITIONERS' ANNEXURES ANNEXURE P1 TRUE COPY OF THE JUDGMENT DATED 20TH MARCH 2020 PASSED IN OP(CAT) NO.194 OF 2016 & CONNECTED CASES.

ANNEXURE P2 TRUE COPY OF THE JUDGMENT DATED 05.03.2020 IN CA NO.2016 OF 2020 ARISING OUT OF SLP NO.21803 OF 2014.

RP.148/2021 in OP(CAT).39/2013 - 22 - & connected cases

APPENDIX OF RP 323/2021

PETITIONERS' ANNEXURE ANNEXURE P1 CERTIFIED COPY OF THE JUDGMENT DATED 20TH MARCH 2020 PASSED IN O.P.(CAT)NO.327 OF 2013 AND CONNECTED CASES.