Kerala High Court
The General Manager vs Mary Silvi Kurian on 1 October, 2021
OP (CAT) No.69/2021 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
Friday, the 1st day of October 2021 / 9th Aswina, 1943
OP (CAT) NO. 69 OF 2021
(AGAINST THE ORDER DTED 21.11.2019 IN OA NO. 180/00749/2018 OF CENTRAL
ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH)
PETITIONERS/RESPONDENTS:
1. THE GENERAL MANAGER, SOUTHERN RAILWAY, PARK TOWN, CHENNAI
600 003
2. SENIOR DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY,
TRIVANDRUM DIVISION, TRIVANDRUM.
RESPONDENT/APPLICANT:
MARY SILVY KURIAN, AGED 63 YEARS, W/O.M.Z.KURIAN, (RETD,
MATRON, RAILWAY HOSPITAL, TRIVANDRUM), RESIDING AT
MUPPATHIYIL HOUSE, (PRA 55), MANARCADU P.O, KOTTAYAM. 686018
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 of Exhibit P5 order dated
21.11.2019 in O.A No. 180/00749/2018 passed by the CAT,
Ernakulam Bench, forthwith pending disposal of the Original
Petition(CAT).
This petition coming on for admission on 01-10-2021 upon
perusing the petition and the affidavit filed in support of OP
(CAT) and upon hearing the arguments of Sri.S.RADHAKRISHNAN,
SENIOR PANEL ADVOCVATE, Railways, for the petitioners and of
Sri.MARTIN.G.THOTTAN, Advocate for the respondent,the court
passed the following:
OP (CAT) No.69/2021 2/4
ALEXANDER THOMAS & & A.BADHARUDEEN, JJ.
=============================
OP(CAT) No.69 of 2021
(Arising out of the order dated 21-11-2019 in O.A No.180/00749 of 2018
on the file of CAT, Ekm.)
=============================
Dated this the 1st day of October, 2021
ORDER
Admit O.P(CAT).
2. Sri.Martin.G.Thottan, learned counsel has taken notice for the
sole respondent in the O.P/sole applicant in the O.A. Service complete.
3. It is urged by Sri.S.Radhakrishnan, the learned Standing counsel
for the Railways appearing for the petitioners in the O.P that the Tribunal
has seriously erred in rendering the impugned verdict by proceeding on the
premise as if Annexure A7 circular is applicable in the instant case. It is
argued that clause (c) of Annexure A7 will not apply in the instant case and
that therefore going by the stipulation in clause (c) of Annexure A7 all the
remaining persons, who have to be granted the 1 st, 2nd and 3rd financial
upgradation under the MACP Scheme have to be granted to the next higher
grade pay. Further that, the Tribunal ought to have held that Annexure A3
circular would apply in the instant case. Further that, the verdict of the
Tribunal will go against the legal principles laid down by the Apex court in
Ext.P1 judgmen dated 27-03-2018 in Civil Appeal No.3321 of 2018 in the
case ,Union of India v. Mukti Sinhga, etc. The above said pleas of the
OP (CAT) No.69/2021 3/4
OP(CAT) No.69 of 2021
petitioners are strongly opposed by Sri.Martin.G.Thottan, learned counsel
appearing for the sole respondent in the O.P/sole applicant in the O.A. After
having heard both sides, we are of the view that a prima facie case has been
made out and due to the likelihood of initiation of Contempt of court
proceedings, it is ordered in the interest of justice that the operation and
enforcement of the impugned Ext.P5 final order dated 21-11-2019 rendered
by the Central Administrative Tribunal, Ernakulam Bench in O.A No.749 of
2018 will remain stayed and shall be kept in abeyance. This order will be in
force for a period of three months.
List the case after two months.
H/o to both sides.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
A.BADHARUDEEN, JUDGE
amk
01-10-2021 /True Copy/ Assistant Registrar
OP (CAT) No.69/2021 4/4
APPENDIX OF OP (CAT) 69/2021
ANNEXURE A3 TRUE COPY OF THE CLARIFICATION LETTER
NO.P(S)535/VII/NS/VI-PC/FIXATION/GP.REVISION
DATED 07.03.2014 ALONG WITH ENCLOSURE RBE
NO.142/2012 AND RBE 95/2013
ANNEXURE A7 TRUE COPY OF THE RAILWAY BOARDS LETTER RBE
87/2018 DATED 14.06.2018
EXHIBIT P1 A TRUE COPY OF THE JUDGMENT DATED 27.03.2018 OF
THE HON'BLE APEX COURT IN UOI V.MUKTI SINGHA (CA
NO.3321/2018)
EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 21.11.2019 OF THE
CAT ERNAKULAM BENCH IN OA NO.749/2018
