Shajakhan.M vs Union Of India
2021 Latest Caselaw 12372 Ker

OP(CAT) No.30/2021               :1:


                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

             THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

                                   &

             THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

       FRIDAY, THE 07TH DAY OF MAY 2021 / 17TH VAISAKHA, 1943

                         OP (CAT).No.30 OF 2021

   AGAINST THE ORDER/JUDGMENT IN OA 131/2021 DATED 18-03-2021 OF
         CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH


PETITIONER/APPLICANT IN OA:

                SHAJAKHAN.M.
                AGED 53 YEARS
                S/O.LATE A.MUHAMMED, TRACK MAINTAINER-II, PF
                NO.155945363356, SOUTHERN RAILWAY, PALAKKAD DIVISION,
                PALAKKAD-678 001, RESIDING AT 18/B, RAILWAY QUARTERS,
                OOOTTARA, KOLLENGODE, PALAKKAD-678 504.

                BY ADVS.
                SRI.ELVIN PETER P.J.
                SRI.K.R.GANESH
                SMT.GOURI BALAGOPAL

RESPONDENTS/RESPONDENTS IN THE OA:

        1       UNION OF INDIA
                REPRESENTED BY ITS SECRETARY, MINISTRY OF RAILWAYS,
                NEW DELHI-110 001.

        2       THE RAILWAY BOARD,
                REPRESENTED BY ITS DIRECTOR, DIRECTORATE OF
                ESTABLISHMENT (N) II, RAILWAY BOARD,
                NEW DELHI-110 001.

        3       THE CHIEF COMMERCIAL MANAGER,
                HEADQUARTERS OFFICE, PERSONNEL BRANCH,
                SOUTHERN RAILWAY, CHENNAI-600 003.

        4       THE ADDITIONAL DIVISIONAL RAILWAY MANAGER,
                SOUTHERN RAILWAY, PALAKKAD-678 001.
 OP(CAT) No.30/2021               2


       5       THE SENIOR DIVISIONAL PERSONNEL OFFICER,
               SOUTHERN RAILWAY, OFFICE OF THE DIVISIONAL OFFICE,
               PERSONNEL BRANCH, PALAKKAD-678 001.

               R2-5 BY SRI.A.DINESH RAO, SC, RAILWAYS

     THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 07.05.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(CAT) No.30/2021                 :3:




                               JUDGMENT

Dated this the 7th day of May 2021

Devan Ramachandran, J.

The petitioner has approached this court calling into question the

order of the learned Central Administrative Tribunal, which has disposed

of his Original Application filed before it, not on its merits, but directing

the respondents to consider Annexure A3 representation.

2. Sri.K.R.Ganesh, learned counsel appearing for the petitioner,

contended that the learned Central Administrative Tribunal could not

have merely directed consideration of Annexure A3 representation,

because his client is entitled to the benefit of the Scheme, as per which,

employment is eligible to the sons of voluntarily retired officials. He

submitted that his client ought to have been, therefore, deemed to have

voluntarily retired and his son ought to have been granted the benefit

under the said Scheme.

3. Sri.Dinesh Rao, learned standing counsel appearing for the

Southern Railways, however, submitted that the Scheme under which

employment had been earlier offered to sons of officials who had

voluntarily retired, is no longer in force; and therefore, that it would have

been better for the learned CAT to have considered the Original

Application on its merits.

4. On hearing Sri.Dinesh Rao as afore, Sri.Ganesh submitted

that, if the stand of the Southern Railway is that there is no such

Scheme at present, then, obviously the consideration of Annexure A3

representation would bear no fruit. He also, therefore, sought that the

Original Application be directed to be disposed of by the learned CAT

on merits.

5. When we considered the afore submissions, it is clear that

the issue as to whether there is a Scheme in force in the Southern

Railway is itself under dispute. Therefore, no purpose would be served

in Annexure A3 representation being disposed of, as has been ordered

by the learned Central Administrative Tribunal.

6. We are, therefore, of the firm view that the learned Central

Administrative Tribunal must dispose of the Original Application filed

by the petitioner on its merits.

In the afore circumstances, we allow this Original petition and set

aside Ext.P3 order of the learned Central Administrative Tribunal,

Ernakulam Bench and direct it to dispose of the Original Application

bearing No.180/00131/2021, filed by the petitioner, on its merits, as

expeditiously as is possible.

Sd/-

DEVAN RAMACHANDRAN, JUDGE

Sd/-

Rp                                       DR. KAUSER EDAPPAGATH, JUDGE




                         APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1           TRUE COPY OF THE OA NO.131/2021 FILED BY

THE PETITIONER DATED 08.03.2021 ALONG WITH ANNEXURES.

ANNEXURE A4 TRUE COPY OF THE ORDER NO.J/G.18/2020 DATED 08.09.2020 OF THE 5TH RESPONDENT.

ANNEXURE A1 TRUE COPY OF THE ORDER NO.E(NG)II/95/RC-

1/94 DATED 14.06.2006.

ANNEXURE A2 TRUE COPY OF THE DECISION TO THE MEDICAL BOARD THAT WAS COMMUNICATED TO THE APPLICANT BY THE 4TH RESPONDENT AS PER ORDER NO.J/MD.84/MS DATED 12.11.2019.

ANNEXURE A3 TRUE COPY OF THE REPRESENTATION DATED 10.08.2020 SUBMITTED BY THE APPLICANT BEFORE THE 5TH RESPONDENT SEEKING VOLUNTARY RETIREMENT AND COMPASSIONATE APPOINTMENT TO ONE OF THE WARDS.

EXHIBIT P2 TRUE COPY OF THE ORDER NO.E(NG)II/2012/RC-

1/GENL./15 DATED 04.03.2014 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE ORDER DATED 18.03.2021 IN OA NO.131/2021 ISSUED BY THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.

EXHIBIT P4 TRUE COPY OF THE ORDER O.O.NO.171/2015/WP DATED 26/8/2015 ISSUED BY THE DIVISIONAL PERSONAL OFFICER, DIVISIONAL OFFICE, MADURAI.

EXHIBIT P5 TRUE COPY OF THE APPOINTMENT ORDER O.O.NO.59/1X/S&T/2016 ISSUED BY THE SOUTHERN RAILWAY APPOINTING KUM.A.SARANYA IN THE SOUTHERN RAILWAY ON COMPASSIONATE GROUND