Kerala High Court
B.Sutharson vs B.Sutharson on 12 March, 2021
OP (CAT) 19/2021 1/6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE K. BABU
Friday,the 12th day of March 2021/21st Phalguna, 1942
For information purpose only
OP (CAT) No.19/2021
(AGAINST THE ORDER DATED 03.02.2021 IN OA No.229/2019 OF THE
CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH)
PETITIONER/9TH RESPONDENT:
B.SUTHARSON,AGED 43 YEARS
S/O. G. BHASKARAPANDIAN, JUNIOR ENGINEER/P WAY
TRAINEE/TRAINEE/NJC, NAGARCOIL JUNCTION, SOUTHERN RAILWAY,
TRIVANDRUM DIVISION, RESIDING AT PUNNAIYADY, AGASTESWARAM
P.O., KANYAKUMARI DISTRICT, PIN-6297701.
RESPONDENTS/RESPONDENTS 1 TO 8 & 10 AND APPLICANT:
1. UNION OF INDIA,
REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, PARK
TOWN, CHENNAI-600003.
2. THE CHIEF PERSONAL OFFICER,
SOUTHERN RAILWAY, CHENNAI-600003.
3. THE SENIOR DIVISION PERSONAL OFFICER,
SOUTHERN RAILWAY, TRIVANDRUM DIVISION-14.
4. SR. DEN (CO-ORDINATION),
SOUTHERN RAILWAY, TRIVANDRUM DIVISION-14.
5. SNEHA P.A.,
TRACK MAINTAINER-III, O/O. SR. SECTION ENGINEER, PERMANENT
WAY, SOUTHERN RAILWAY, HALAKKUDY-680307.
6. RAJEEV MADANAM M.,
TRACK MAINTAINER, IV, O/O. SR. SECTION ENGINEER, PERMANENT
WAY, SOUTHERN RAILWAY, NAGARCOIL JUNCTION,
NAGARCOIL-629001.
7. C.V. SOUMESH,
OP (CAT) 19/2021 2/6
TRACK MAINTAINER-IV, O/O. SR. SECTION ENGINEER, PERMANENT
WAY, SOUTHERN RAILWAY, KOLLAM-691001.
8. REMYA RAJ,
TRACK MAINTAINER-III, O/O. SR. SECTION ENGINEER, PERMANENT
WAY, SOUTHERN RAILWAY, KOTTAYAM-686001.
9. DHANYA A.S.,
TRACK MAINTAINER-III, O/O. SR. SECTION ENGINEER, PERMANENT
For information purpose only
WAY, SOUTHERN RAILWAY, ALWAYE-683101.
10. SUBHA GOPINATH,
AGED 40 YEARS, W/O. SURESH BABU, TRACK MAINTAINER-III,
O/O. SR. ENGINEER, SOUTHERN RAILWAY, ERNAKULAM JUNCTION,
TRIVANDRUM DIVISION, RESIDING AT MUTHANGASSERRY HOUSE,
IRINGOLE P.O., PERUMBAVOOR, ERNAKULAM DISTRICT-682016.
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 direct the rspondents 2 and 3 to promote the
petitioner as junior Engineer/P.Way Matrix Level 06 against
the regular working post,provisionally pending disposal of the
OP(CAT).
This petition coming on for admission on 12.03.2021 upon
perusing the petition and the affidavit filed in support of OP
(CAT) and upon hearing the arguments of M/S PREMCHAND R.NAIR,
K.MANICKARAJ, Advocates for the petitioner and of M/S
B.RAJESH, SC, RAILWAYS, for R1 to R4,Sri.MARTIN G THOTTAN
Advocate for R5 to R9, Smt.SHAMEENA SALAHUDHEEN, Advocates for
R10, the court passed the following.
ALEXANDER THOMAS & K.BABU, JJ.
===========================
O.P (CAT) No.19 of 2021
[arising out of the order dated 03.02.2021
in O.A No.229/2019 on the file of the CAT, Ekm. Bench],
===========================
Dated this the 12th day of March, 2021
ORDER
For information purpose only
Notices before admission for official respondent Nos.1 to 4 have
been taken by Sri.B.Rajesh, learned Standing Counsel for Railways,
notices before admission for contesting respondent Nos.5 to 9 have been
taken by Sri.Martin G.Thottan, learned Advocate and notice before
admission for contesting respondent No.10 (original applicant) has been
taken by Smt.Shameena Salahudheen, learned Advocate.
2. The Registry will show the names of the abovesaid Advocates
in the cause list. Service complete.
3. After hearing both sides, we are prima facie of the view that
the matter will have to be examined in depth. But at the same time, we
are also apprised that the impugned directions of the Tribunal at Ext.P-
11 final order dated 03.02.2021 in O.A No.229/2019 by the Central
Administrative Tribunal has been now complied with by respondent
Nos.1 to 3 railway authorities with the result that the original
applicant/R10 herein has been appointed as Junior
Engineer/permanent way, as per proceedings dated 10.03.2021 and she
O.P (CAT) No.19 of 2021
has joined duty on 11.03.2021. Now the petitioner in the O.P / R9 in the
O.A is facing order of reversion, presumably to accommodate the
original applicant.
For
4.
information purpose only
We are also apprised that the learned Advocate appearing for
the petitioner herein/R10 before the Tribunal had in fact filed vakalath
before the Tribunal in this case on 19.01.2021 and the case was listed on
27.01.2021. Moreover, from the pleadings and materials on record, it
appears that the name of the learned counsel appearing for R10 in the
O.A/petitioner herein was not shown in the cause list published on
27.01.2021 and the Tribunal had finally heard the matter on 27.01.2021,
but without affording reasonable opportunity of being heard to the
petitioner herein and had later rendered the final order on 03.02.2021.
Suffice to say, it appears that the petitioner herein was deprived of
reasonable opportunity of being heard by the Tribunal.
5. Having regard to these aspects, it is ordered that the
operation and enforcement of the impugned Ext.P11 final order dated
03.02.2021 rendered by the CAT, Ernakulam Bench in O.A No.229/2019
shall remain stayed and shall be kept in abeyance. Further it is also
ordered that the consequential orders, if any passed for reverting the
petitioner in the O.P/R9 in the O.A, will also stand stayed and shall be
O.P (CAT) No.19 of 2021
kept in abeyance. However, it is also made clear that the appointment of
the original applicant/R10 herein, as per proceedings dated 10.03.2021,
shall be treated as provisional and temporary and he shall be permitted
For information purpose only
to continue in service on that provisional/temporary basis. But the same
will be subject to the result of this O.P.
List the case on 19/03/2021 at 10.15 a.m. for orders/judgment.
Hand Over
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
K.BABU, JUDGE
vgd
/true copy/ Sd/- ASSISTANT REGISTRAR
KLHC010150222021 6/6
EXHIBITP11:TRUE COPY OF THE ORDER OF THE LEARNED CAT DATED
03.02.2021 IN O.A.NO.229 OF 2019
For information purpose only
