Vijith A.N vs The General Manager, Southern ...
2022 Latest Caselaw 30 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
         THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                              &
            THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
   MONDAY, THE 3RD DAY OF JANUARY 2022 / 13TH POUSHA, 1943
                   OP (CAT) NO. 91 OF 2021
AGAINST OA.NO.223/2021 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL,
                       ERNAKULAM BENCH
PETITIONER/APPLICANT IN THE O.A.:

          VIJITH A.N., AGED 38 YEARS,
          S/O GOVINDAN, STAFF NO J/T 5015, PF NO 15551201240,
          NOW WORKING AS STATION MASTER, KANNAPURAM, SOUTHERN
          RAILWAY, PERMANENTLY RESIDING AT NIDUVOTE HOUSE, PO
          MAVILAYI, KANNUR DISTRICT, PIN-670 622.
          MOB:9744317090
          BY ADVS. M/S.K.MOHANAKANNAN    &
          H.PRAVEEN (KOTTARAKARA)

RESPONDENTS/RESPONDENTS:

    1     THE GENERAL MANAGER, SOUTHERN RAILWAYS,
          PARK TOWN, CHENNAI-600 002.
    2     THE DIVISIONAL RAILWAY MANAGER,
          DRM OFFICE COMPLEX, SOUTHERN RAILWAY, PALAKKAD
          DIVISION, PALAKKAD-678 002.
    3     THE SENIOR DIVISIONAL OPERATING MANAGER,
          DRM OFFICE COMPLEX, SOUTHERN RAILWAY, PALAKKAD
          DIVISION, OLAVAKKOD, PALAKKAD-678 002.
    4     THE SENIOR DIVISIONAL PERSONAL OFFICER,
          DRM OFFICE COMPLEX, SOUTHERN RAILWAY, PALAKKAD
          DIVISION, OLAVAKKOD, PALAKKAD-678 002.
    5     STATION SUPERINTENDENT,
          SOUTHERN RAILWAY, KANNAPURAM, KANNUR-670 301.
          BY SRI.B.RAJESH, SC, RAILWAYS

     THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 03.01.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(CAT) No. 91 of 2021

                                              2




          ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
   ==============================================
                  OP(CAT) No. 91 of 2021
     [arising out of O.A. No.223/2021 on the file of the CAT, Ernakulam Bench]
    ==============================================
              Dated this the 3rd day of January, 2022

                                    JUDGMENT

ALEXANDER THOMAS, J.

The petitioner herein has filed the instant Ext.P-1 original

application O.A.No.223/2021 before the Central Administrative Tribunal,

Ernakulam Bench, with the following prayers:

"a) To call for the records leading to the issuance of Annexure.A18, A20 and A21 order passed by the Respondents 3 and 4 and to quash Annexure.A18 in so far as it directs a posting as Section Controller, Control Office, Palakkad and to quash Annexure.A.20 and A21;

b) To declare that Annexure.A.18 order issued by the 3 rd Respondent is illegal, arbitrary and unreasonable.

c) To issue a direction to the Respondents to absorb and post the Applicant in a commercial office at Kannurarea considering his medical de-categorised and poor health condition.

d) To grant such other relief as this Hon'ble Tribunal may deem fit to grant in the interest of justice."

2. The interim prayer made out in Ext.P-1 O.A. is as follows:

"The applicant prays that this Hon'ble Tribunal may be pleased to stay the operation and implementation of Annexure.A 18, A20 and A21, till the disposal of the above O.A pending disposal of the above Original Application."

3. The prayers in the instant original petition filed by the above

original applicant are as follows: OP(CAT) No. 91 of 2021

"a) To direct the Respondents to appoint the Petitioner to a suitable post as a medically de-categorized employee as directed in Annexure.A17 within a time frame to be fixed by this Hon'ble Court and orders may be passed;

b) To direct the CAT, Ernakulam to hear and dispose of OA 180/223/2021 and the proceedings pursuant to Ann.A33 may be deferred until the OA is finally disposed of;

c) To grant such other relief as this Hon'ble Court deem fit to grant in the interest of justice."

4. Heard Sri.K.Mohanakannan, learned counsel appearing for

the petitioner in the O.P./applicant in the O.A. and Sri.B.Rajesh, learned

Standing Counsel for the Railways appearing for the respondents in the

O.P./respondents in the O.A.

5. From the submissions of both sides it appears that even

though this Court has passed Anx.A-24 judgment dated 22.7.2021 in the

OP(CAT) No.34/2021 (arising out of the instant O.A.), the Tribunal has

not passed orders either on the interim prayer made in the O.A., or has

not rendered final verdict in the main matter in the O.A. We are also told

that the respondent Railways have already filed their reply statement in

the instant O.A. as per Ext.P-6 dated 22.10.2021.

6. Accordingly, taking note of these aspects and more

particularly, those aspects borne out from Anx.A-24 judgment passed by

this Court on the previous occasion, the following directions and orders

are passed:

1. The Tribunal will immediately take up the plea for interim OP(CAT) No. 91 of 2021

prayer made in the present O.A. and pass orders thereon,

after hearing both sides without any further delay, at any rate

within 3 weeks.

2. Further, it is also ordered that the Tribunal will ensure the

final disposal of main matter in the instant O.A. No.223/2021

without much delay, preferably within an outer time limit of 3

months from the date of production of a copy of this

judgment.

3. The Registry will forward a copy of this judgment to the

Central Administrative Tribunal, Ernakulam Bench, who is

dealing with O.A. No.223/2021 for necessary information,

at the cost of the petitioner herein.

With these observations and directions, the above Original Petition

(CAT) will stand disposed of.

Sd/-

ALEXANDER THOMAS, JUDGE

Sd/-

VIJU ABRAHAM, JUDGE MMG OP(CAT) No. 91 of 2021

APPENDIX OF OP (CAT).NO.91/2021

PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE OA 180/223/2021 OF THE HON'BLE TRIBUNAL WITH ANNEXURES ANNEXURE 18 TRUE COPY OF THE ORDER BEARING NO 00/NO.J/T-

20/2020 DATED 22.4.2021 ANNEXURE A20 TRUE COPY OF THE COMMUNICATION BEARING NO J/T-20/SNP/VAN DATED 5.5.2021 ANNEXURE A21 TRUE COPY OF THE COMMUNICATION BEARING NO J/T-20/SNP/VAN DATED 17.5.2021, ISSUED BY THE 4TH RESPONDENT ANNEXURE A1 TRUE COPY OF CERTIFICATE OF RECOGNITION AWARD DURING THE YEAR 2016-17 ISSUED BY CHIEF OPERATIONS MANAGER, CHENNAI DATED 30.3.2017 ANNEXURE A2 TRUE COPY OF THE COMMUNICATION NO J/MD 84/V DATED 6.11.2019 ISSUED BY THE ADDITIONAL CMS/PGT DIVISIONAL OFFICE, MEDICAL BRANCH ANNEXURE A3 TRUE COPY OF THE COMMUNICATION NO J/T-2/SNP DATED 4.2.2020 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT ANNEXURE A4 TRUE COPY OF THE ORDER NO J/T 20/SNP DATED 28.2.2020 ISSUED BY THE 3RD RESPONDENT ANNEXURE A5 TRUE COPY OF THE REPRESENTATION DATED 19.7.2020 SUBMITTED BY THE APPLICANT BEFORE THE 4TH RESPONDENT ANNEXURE A6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE APPLICANT BEFORE THE 4TH RESPONDENT DATED 12.8.2020 ANNEXURE A7 TRUE COPY OF THE OFFICE NOTE NO J/P 11/CON/SPL SUPY POSTS/VOL V DATED 7.9.2020 ISSUED BY THE 4TH RESPONDENT ANNEXURE A8 TRUE COPY OF THE COMMUNICATION NO CAN/SS/9/20 DATED 9.9.2020 ISSUED BY THE STATION MANAGER, KANNUR ANNEXURE A9 TRUE COPY OF THE ORDER NO J/T.15/2020 DATED OP(CAT) No. 91 of 2021

8.9.2020 ISSUED BY THE 4TH RESPONDENT ANNEXURE A10 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE APPLICANT ON 9.9.2020 BEFORE THE 4TH RESPONDNET ANENXURE A11 TRUE COPY OF THE ORDER PASSED BY THIS HON'BLE TRIBUNAL IN OA NO 180/00435/2020 DATED 22.9.2020 ANNEXURE A12 TRUE COPY OF THE NO J/T20/KP1/VAN/1 DAD 7.10.2020 ISSUED BY THE 3RD RESPONDENT ANNEURE A13 TRUE COPY OF THE ORDER NO F(NG)11/2018/RR/1/40/PT ISSUED BY RAILWAY BOARD DATED 28.2.2019 ANNEXURE A14 TRUE COPY OF THE ORDER NO CAN/SS/9/20 ISSUED BY THE STATION MANAGER DATED 9.9.2020 ANNEXURE A15 TRUE COPY OF THE RELIEVING ORDER NO SS/KP1/DATED 8.10.2020 AFFIXED IN THE NOTICE BOARD OF KANNAPURAM STATION ANNEXURE A16(A) TRUE COPY OF THE REQUEST FOR LEAVE SUBMITTED BY THE APPLICANT DATED 9.9.2020 ANNEXURES A16(B) TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY DR. DHARAESH DAMODAR VACHALY DATED 9.9.2020 ANNXURE A17 TRUE COPY OF THE JUDGMENT IN OA 180/00511/2021 DATED 23.3.2021 ANNEXURE A19 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE APPLICANT BEFORE THE 4TH RESPONDENT ON 30.4.2021 EXHIBIT P2 TRUE COPY OF THE ORDER PASSED BY THE HON'BLE TRIBUNAL IN OA 180/232/2021 DATED 3.6.2021 EXHIBIT P3 TRUE COPY OF THE ORDER MINISTRY OF RAILWAYS DATED 11.7.2019 EXHIBIT P4 TRUE COPY OF THE APPLICATION FILED UNDER THE RIGHT TO INFORMATION ACT DATED 20.5.2021 WITH INFORMATION EXHIBIT P5 TRUE COPY OF THE MA 180/522/2021 IN OA 223/21 WITH ANNEXURES IS FILED BY THE PETITIONER BEFORE THE TRIBUNAL OP(CAT) No. 91 of 2021

ANNEXURE A22 TRUE COPY OF THE INTERIM ORDER DATED 8.7.2021 IN OP(CAT)34/2021 OF HON'BLE HIGH CORT OF KERALA ANNEXURE A23 TRUE COPY OF THE ORDER DATED 22.7.2021 ISSUED BY THE RAILWAYS ANNEXURE A24 TRUE COPY OF THE JUDGMENT DATED 22.7.2021 IN OP(CAT) 34/2021 OF HON'BL HIGH COURT OF KERALA ANNEXURE A25 TRUE COPY OF THE INFORMATION GIVEN UNDER THE RIGHT TO INFORMATION ACT DATED 13.6.2021 ANNEXURE A26 TRUE COPY OF THE ORDER NK J/T-20/SNP/VAN DATED 16.8.2021 PASSED BY THE 3RD RESPONDENT EXHIBIT P6 TRUE COPY OF THE REPLY STATEMENT FILED BY RESPONDENTS DATED 22.10.2021 ANNEXURE R1 TRUE COPY OF THE PARA 6.1 OF MASTER CIRCULAR NO 25 ANNEXURE R2 TRUE COPY OF THE PARA 5.8 OF MASTER CIRCULAR NO 25 ANNEXURE R3 TRUE COPY OF THE OFFICE ORDER NO J/T.29/2021 DATED 20.7.2021 EXHIBIT P7 TRUE COPY OF THE REJOINDER FILED BY THE PETITIONER IN OA 223/21 WITH ANNEXURE A28 TO A32 DATED 24.11.2021 ANNEXURE A28 TRUE COPY OF THE ORDER ISSUED BY THE MINISTER OF RAILWAY DATED 28.2.2019 WITH COMMUNICATION DATED 5.4.2021 ANNEXURE A29 TRUE COPY OF THE OFFICE ORDER NO CMML DATED 19.7.2019 OF THE SOUTHERN RAILWAY (ASSISTANT PERSONAL OFFICER/ ENGINEERING) ANNEXURE A30 TRUE COPY OF THE ORDER DATED 11.7.2019 OF THE RAILWAYS ANNEXURE A31 TRUE COPY OF THE REPORT OF THE SENIOR CONSULTANT CARDIOLOGIST AND CARDIO VASCULAR INTERVENTIONALIST, DHANALAKSHMI HOSPITAL, KANNUR DATED 25.9.2019 ANNEXURE A32 TRUE COPY OF THE COMMUNICATION ISSUED BY THE SENIOR DIVISIONAL OPERATIONS MANAGER, OP(CAT) No. 91 of 2021

PALAKKAD DATED 25.10.2021 EXHIBIT P8 TRUE COPY OF THE MA 823/2021 IN OA NO 180/223/2021 BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM DATED 30.11.2021 ANNEXURE A33 TRUE COPY OF THE MEMO OF CHARGE VIDE REF NO J/T.227/21/VAN/5 DATED 22.11.2021 EXHIBIT P9 TRUE COPY OF THE REPLY TO THE MEMO OF CHARGES SUBMITTED BY THE PETITIONER DATED 8.12.2021