Citation : 2021 Latest Caselaw 20840 Ker
Judgement Date : 6 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
OP (CAT) NO. 52 OF 2021
AGAINST THE ORDER IN OA NO.180/130/2019 DATED 03.03.2020 OF
CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH
PETITIONERS/RESPONDENTS:
1 UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, PARK TOWN, CHENNAI-600003. 2 THE SENIOR DIVISIONAL ELECTRICAL ENGINEER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM-695014.
3 THE SENIOR DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM-695014.
4 THE SENIOR SECTION ENGINEER (ELECTRICAL), SOUTHERN RAILWAY, KOCHUVELI-685025.
BY ADV SRI.S.RADHAKRISHNAN,SENIOR PANEL,RAILWAYS
RESPONDENTS/APPLICANTS:
1 JAIKRISHAN NARAYAN AGED 49 YEARS, S/O. S.NARAYAN, SENIOR TECHNICIAN, AC, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT CHANDRADHANUS, PARANIYAM, POOVAR P.O., TRIVANDRUM-695525.
2 J.S.AJITH, AGED 40 YEARS, S/O.JAYADEVAN NAIR, AC COACH ATTENDANT, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT THANAL, MUTTAPALAM P.O., VARKALA, TRIVANDRUM-695145.
3 C.RAVEENDRAN, AGED 51 YEARS, S/O. K.CHELLAPPAN, TECHNICIAN, AC, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT RAILWAY QUARTERS NO.80/A, ANWAR GARDENS, POOJAPURA, TRIVANDRUM-695012.
4 K.K.OMANAKUTTAN PILLAI, AGED 56 YEARS, S/O. P.KUNJAN PILLAI, AC COACH ATTENDANT, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT VAZHAPALLI THEKKETHIL, VENGAI P.O., SASTHAN KOTTA, KOLLAM-690521.
5 R.S.MANOJ KUMAR, AGED 43 YEARS, S/O. P.RAVEENDRAN NAIR, AC COACH ATTENDANT, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT AYYAMANGALAM, THIRUVALLAM P.O., TRIVANDRUM-695027.
6 JOSEPH MATHEW, AGED 41 YEARS, S/O. P.M.MARTIN, AC COACH ATTENDANT, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT PULLUKATTU HOUSE, CHEERANCHIRA P.O., CHANGANACHERRY-686106.
7 S.VINAYAN, AGED 52 YEARS, S/O. C.SADASIVAN, AC COACH ATTENDANT, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT MOOLAYIL HOUSE, VILAYILKULAM, KAZHAKUTTAM P.O., TRIVANDRUM-695582.
8 P.R.SANTHOSH KUMAR, AGED 40 YEARS, S/O. S.PARAMESWARAN, AC COACH ATTENDANT, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT RADHA BHAVAN, PULIMOODU, VELLAIKADAVU, PULIYARAKONAM P.O., TRIVANDRUM-695573.
9 S.BAIJU, AGED 43 YEARS, S/O. SUDHAKARAN, AC COACH ATTENDANT, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT KODIYIL VEEDU, NEHRU JN., KAZHAKUTTAM, TRIVANDRUM-695582.
10 A.MOHAN, AGED 58 YEARS, S/O. L.APPU, AC COACH ATTENDANT, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT DOOR NO.20, M.C.KUPPAM, REDDYUR P.O., JOLARPETTAI, VELLORE DISTRICT, TAMIL NADU-635851.
11 SAKHILA MURMU, AGED 28 YEARS, S/O. JASKAN KURMU, TECHNICIAN III, AC, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT RAILWAY QUARTERS NO.129/C, RAIL GARDENS, THAMPANOOR, TRIVANDRUM-695014.
12 K.P.MANOJ, AGED 38 YEARS, S/O. P.KESAVAN NAIR, TECHNICIAN I, AC, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT PRESTIGE AVENUE NO.II, KARIKKAKOM, TRIVANDRUM-695021.
13 S.SREEJITH, AGED 32 YEARS, S/O. SASIDHARAN NAIR V., TECHNICIAN, AC, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT DEVI NIVAS, T.C.36/299(7), HOUSE NO.13, MANAVA NAGAR, PETTAH P.O., TRIVANDRUM-695024.
14 P.MADHU, AGED 48 YEARS, S/O. S.PRAKASHAN, AC COACH ATTENDANT, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT M.S.BHAVAN, SREE BHADRA LANE, ANIYOOR, CHEMPAZHINTHI P.O., TRIVANDRUM-695587.
15 P.S.SASIDHARAN, AGED 51 YEARS, S/O. P.K.SANKARAN, TECHNICIAN II, AC, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT RAILWAY QUARTER NO.139/B, RAIL GARDENS, THAMPANOOR, TRIVANDRUM-695014.
16 P.R.PUSHPARAJ, AGED 58 YEARS, S/O. RAMAKRISHNAN P.V., TECHNICIAN II, AC, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT PULICKAL HOUSE, ARMBUR P.O., THRISSUR-680620.
17 R.RAMACHANDRAN NAIR, AGED 59 YEARS, S/O. T.RAMAN MENON, TECHNICIAN I, AC, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT DEVI KRIPA, KANNIMEL, PATTAZHI P.O., KOTTARAKARA, KOLLAM-691522.
18 B.LALU, AGED 57 YEARS, S/O. R.BHARGAVAN, AC COACH ATTENDANT, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT TC 32/63/9, MAKAM NIWAS, KARIKKAKOM P.O., TRIVANDRUM-695542.
19 J.RADHAKRISHNAN UNNI, AGED 58 YEARS, S/O. N.RAGHAVAN UNNI, AC COACH ATTENDANT, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT THIRUVATHIRA, TC 18/976-15, KUNNAPUZHA, ARANMULA P.O., TRIVANDRUM-689533.
20 R.SAJEESH, AGED 41 YEARS, S/O. RAGHAVAN, TECHNICIAN III, AC, TRIVANDRUM CENTRAL, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT PRANAVAM, NETAJIPURAM, SHANTHIGIRI P.O., POTHENCODE, TRIVANDRUM-695589.
21 R.RENJITH, AGED 31 YEARS, S/O. RAVEENDRAN NAIR, AC COACH ATTENDANT, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT KUTTIKALLUMPURATHU, VALIAPADAM, VILANTHARA P.O., SATHANKOTTA, KOLLAM-689696.
22 E.RAJENDRAN, AGED 54 YEARS, S/O. ELIAN, AC COACH ATTENDANT, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT NO.4/1253, KAMBER STREET, ANNA NAGAR, THIRUDRAVAR, CHENNAI-600040.
23 VIPIN K. NAIR, AGED 30 YEARS, S/O. KARTHIKEYAN NAIR, AC COACH ATTENDANT, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT KURAVANKONATHU VEEDU, KURISHADI, KARYAVATTOM P.O., TRIVANDRUM-695581.
24 N.CHELLADURAI AGED 58 YEARS, S/O. U.NAINAR, AC COACH ATTENDANT, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT 689/B, GOLULAM, SANTHAMOOLA, MALAYINKIL P.O., TRIVANDRUM-695571.
25 K.M.PHILIP, AGED 56 YEARS, S/O. K.J.MATHAI, SENIOR TECHNICIAN, AC, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT KOYIPURATHU, THADIYOOR P.O., THIRUVALLA, PATHANAMTHITTA-689545.
26 G.PALANI, AGED 58 YEARS, S/O. GOPAL, AC COACH ATTENDANT, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT ULLI VILLAGE, PILLAYAR KOVIL STREET P.O., PERNAMBET TALUK, VELLORE DISTRICT, TAMIL NADU-628716.
27 ABRAHAM MATHEW, AGED 59 YEARS, S/O. CHERIAN MATHEW, TECHNICIAN-I, AC, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT THEVARVALADY HOUSE, THURUTHY P.O., CHANGANACHERRY, KOTTAYAM-686535.
28 R.RAJESH, AGED 39 YEARS, S/O. J.RAVEENDRAN, AC COACH ATTENDANT, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT R.S.BHAVAN, KANJIKKAL, VALATHUNGAL P.O., KOLLAM-691011.
29 K.ARUMUGA NAINAR, AGED 45 YEARS, S/O. A.KANNAPIRAN, AC COACH ATTENDANT, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT 179, MUTHULAKSHMI BHAVANAM, INDIRA NAGAR, KIRANAMANGALAM, SUTHAMALLI, THIRUNELVELI-627006.
30 G.SUNIL KUMAR, AGED 45 YEARS, S/O. K.GOPINATHAN PILLAI, TECHNICIAN-I, AC, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT K.G.NIVAS, KARYAVATTOM P.O., TRIVANDRUM-695581.
31 N.ENILKUMAR, AGED 51 YEARS, S/O. NARAYANAN N., AC COACH ATTENDANT, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT INDUJA BHAVAN, KUMMALLOOR P.O., ADICHANELLOR, KOLLAM-691573.
32 J.MOHAMMED AJIM MOHAIDEEN, AGED 49 YEARS, S/O. K.M.JAMAL MOHAIDEEN, AC COACH ATTENDANT, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT TC 39/1129, RRWA-65, ATTAKULANGARA, CHALAI P.O., TRIVANDRUM-695036.
33 A.GOPAKUMAR, AGED 59 YEARS, S/O. APPUKUTTAN NAIR, SENIOR TECHNICIAN, AC, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT KOCHUVEEDU, THEVALLY P.O., KOLLAM-691009.
34 V.SASIKUMAR, AGED 57 YEARS, S/O. VELAYUDHAN, TECHNICIAN-I, AC, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT SARANAALAYAM, KARUMOM P.O., TRIVANDRUM-695002.
35 K.SUGATHAN ACHARY, AGED 55 YEARS, S/O. KUNJURAMAN ACHARY, TECHNICIAN -I, AC, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT ADAVIKUZHIYIL, KALLELY P.O., KONNI, PATHANAMTHITTA-689691.
36 T.C.SUKUMARAN, AGED 52 YEARS, S/O. CHANDRAN, AC COACH ATTENDANT, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT THAIPARAMBIL HOUSE, EDADU P.O., MOOLAMATTOM, IDUKKI-685589.
37 RATTI RAM MEENA, AGED 33 YEARS, S/O. LAXMI NARAYAN MEENA, TECHNICIAN-III, AC, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT GHOSVARA VILLAGE, SALWARI P.O., ALWAR DISTRICT, RAJASTHAN-301035.
38 S.GOPAKUMAR, AGED 39 YEARS, S/O. SIVAN NAIR, AC COACH ATTENDANT, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT AMBADI HOUSE, PNRA-A/66, KIZHAKKUMBHAGOM, KAZHAKUTTAM P.O., TRIVANDRUM-695582.
39 S.RAJESH KUMAR, AGED 41 YEARS, S/O. SIVASANKARAN NAIR, AC COACH ATTENDANT, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT SIVASHYLAM, V V ROAD, PATTOOR, TRIVANDRUM-695035.
40 T.ASHOKAN, AGED 44 YEARS, S/O. ARUMUGHAM, TECHNICIAN, AC, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT AMRITA BHAVAN, KURIYOTTUMALA, PIRAVAMTHOOR, KOLLAM-689696.
41 V.CHENCHURATHNAM, AGED 41 YEARS, S/O. V.CHENGALRAYULU, HELPER-II/AC, OFFICE OF SENIOR SECTION ENGINEER, ELECTRICAL, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT DOOR NO.2-2, KOVANUR (ST COLONY), KOVANUR POST, K.V.B.PURAM (MANDAL), CHITTOOR DISTRICT-517643.
42 B.ANIL KUMAR, AGED 47 YEARS, S/O. BALAN, AC COACH ATTENDANT, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT ARUN NIVAS, ALUMMOOD P.O., NADUVILAKKARA, KOLLAM-691577.
43 M.G.UMAMAHESWARAN, AGED 60 YEARS, S/O. GANAPATHY DADER, RETIRED AC COACH ATTENDANT, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT MARUTHI BACK STREET, S.KODIYUR, JOLARPETTAI, TIRUPATTUR, VELLORE-635601.
44 S.THULASIDHARAN PILLAI, AGED 59 YEARS, S/O. SANKARAN PILLA, HELPER-II, AC, OFFICE OF SENIOR SECTION ENGINEER, ELECTRICAL, KOCHUVELI, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, RESIDING AT NANDU BHAVAN, PARULTIYARA, ODANAVATTOM P.O., KOTTARAKKARA, KOLLAM-691512.
BY ADV SRI.MARTIN G. THOTTAN
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 06.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ALEXANDER THOMAS & A. BADHARUDEEN, JJ.
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O.P (CAT) No.52 of 2021 [against the order dated 03.03.2020 in O.A No.180/00130/2019 on the file of the CAT, Ekm Bench]
------------------------------------------------------
Dated this the 06th day of October, 2021
JUDGMENT
Alexander Thomas , J.
Sri.S. Radhakrishnan, learned Standing Counsel for Railways
appearing for the petitioners in this O.P. would submit on the basis of
instructions as well as on the basis of the pleadings in the affidavit dated
04.10.2021, filed in support of I.A. No.2/2021, that since certain
mistakes have occurred in the drafting of the present O.P. leave may be
granted by this Court to withdraw the present O.P. with liberty to the
petitioner Railways to file a comprehensive O.P. afresh, so as to rectify all
the mistakes, instead of going through the laborious process of
amendment of the pleadings.
2. The request for leave is not opposed by the other side.
3. Accordingly leave is granted with liberty to the petitioner
Railways to workout their remedies in the manner known to law.
With the said liberty, the above original petition will stand
dismissed as withdrawn.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
A. BADHARUDEEN, JUDGE Skk//06102021
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