Kerala High Court
R.Ramesh vs Union Of India on 7 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
OP (CAT) NO. 320 OF 2019
AGAINST THE ORDER IN OA 180/2015 OF CENTRAL ADMINISTRATIVE
TRIBUNAL,ERNAKULAM BENCH
PETITIONER:
R.RAMESH
AGED 50 YEARS
S/O.K.P.RAGHAVAN NAIR, SENIOR DRESSER, RAILWAY
HOSPITAL, SOUTHERN RAILWAY, PALAKKAD, RESIDING AT
SHIVADAM, KRISHNA GARDENS, KALLEKULANGARA.P.O.,
PALAKKAD, PIN-678009
BY ADVS.
M.A.ABDUL HAKHIM
SRI.JOSEPH GEORGE (KANNAMPUZHA)
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE GENERAL MANAGER, SOUTHERN
RAILWAY, HEADQUARTERS OFFICE, PARK TOWN.P.O.,
CHENNAI-600003
2 CHIEF PERSONNEL OFFICER
SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK
TOWN.P.O., CHENNAI-600003
3 THE SENIOR DIVISIONAL PERSONNEL OFFICER
SOUTHERN RAILWAY, PALAKKAD DIVISION, PALGHAT-678002
4 THE SECRETARY TO THE GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS , RAILWAY BOARD,
RAIL BHAVAN, NEW DELHI-110001
OP(CAT)No.320 OF 2019
2
5 THE COMMANDING OFFICER,
8TH BATTALION, RAILWAY PROTECTION SPECIAL FORCE,
CHITTARANJAN, WEST BENGAL, PIN-713331
BY ADVS.
SRI.S.PRASANTH, ADDL.CGSC
SRI.S.PRASHANTH, SC, RAILWAYS
KRISHNA T C
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(CAT)No.320 OF 2019
3
JUDGMENT
Dated this the 7th day of July, 2022
MOHAMMED NIAS C.P., J
Petitioner joined as a Constable in the Railway Protection Special
Force (RPSF) on 17.05.1992. He met with an accident on 08.01.1994
sustaining serious injuries making him incapacitated to work in the same
position. Resultantly, the petitioner was medically de-categorized as C1
category on 09.01.1997 and posted as Hospital Attendant by an order dated
26.12.1997 and he took charge on 07.01.1998. Long thereafter, he made a
request on 19.11.2014 for considering him for a sedentary job duly fixing the
scale as per the Railway Board circulars. He also made another
representation on 26.02.2015 requesting for absorption in the equivalent
grade prior to the medically de-categorization with fixation of scale with
retrospective effect. Aggrieved by the inaction on the same, he moved the
Central Administrative Tribunal by order dated 14.11.2019, which held that
the petitioner is entitled to work against a supernumerary post of Railway
Protection Special Force Constable for the period from 09.01.1997 to
07.01.1998. The scale of pay as sought for, was granted on notional basis
but the financial benefits were restricted to three years prior to the filing of
the Original Application. The request of the applicant to be appointed in a
ministerial/clerical cadre was declined as the Tribunal found that the
petitioner had willingly taken up the post seventeen years back and this,
according to the Tribunal, changing of cadre at this distance of time was not
acceptable. Being aggrieved by that part of the order of the Tribunal, this
OP(CAT)No.320 OF 2019
Original Application is filed.
2. Having heard the learned counsel on either side and
perusing the records, we are in complete agreement with the order of the
Tribunal that declined the relief of considering him for an alternative
appointment in ministerial/clerical cadre as he had, without demur,
accepted the post as a Hospital Attendant and had worked as such from
1998 onwards. We do not think that there is any error committed by the
Tribunal in arriving at such a finding, more so when, Annexure A8
representation is made on 19.11.2014, seventeen years after the posting
as a Hospital Attendant.
In such circumstances, the finding of the Tribunal cannot be found
fault with and we dismiss the OP(KAT). However, we direct the
respondents to comply with the order of the Tribunal, if not already
implemented, within a period of three months from today.
The Original Application is dismissed subject to above.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
MOHAMMED NIAS C.P.
JUDGE
AJ/07.07.2022
OP(CAT)No.320 OF 2019
APPENDIX OF OP (CAT) 320/2019
PETITIONER ANNEXURES
ANNEXURE A11 TRUE COPY OF THE RAILWAY BOARD ORDER
BEARING RBE.NO.89/1999 DATED 29.4.1999
ANNEXURE A1 TRUE COPY OF THE RAILWAY BOARD ORDER
BEARING RBE.NO.89/1999 DATED 29.4.1999
ANNEXURE A2 TRUE COPY OF THE RAILWAY BOARD ORDER
BEARING R.NO.171/1997 DATED 4/12/1997
ANNEXURE A3 TRUE COPY OF OFFICE ORDER BEARING
NO.J/MD.34/97 ISSUED BY THE 3RD
RESPONDENT DATED 26.12.1997
ANNEXURE A4 TRUE COPY OF THE RAILWAY ORDER BEARING
RBE NO.98/2005 DATED 31.5.2005
ANNEXURE A5 TRUE COPY OF THE RAILWAY BOARD ORDER
BEARING RBE.NO.104/2006 DATED 1/7/2006
ANNEXURE A6 TRUE COPY OF THE COMMUNICATION BEARING
NO.8BN/PF/CT-RR/C/97-468 ISSUED BY THE
COMMANDING OFFICER, 8BN/RPSF,
CHITTARANJAN RAILWAY BOARD ORDER BEARING
RBE.NO.104/2006 DATED 5/2/1997
ANNEXURE A7 TRUE COPY OF THE DISCHARGE SUMMARY
ISSUED BY THE CKJ CLINIC, TAILOR STREET,
PALAKKAD IN FAVOUR OF THE APPLICATION
DATED 28/5/2015
ANNEXURE A8 TRUE COPY OF THE REPRESENTATION
ADDRESSED TO THE 2ND RESPONDENT DATED
19.11.2014
ANNEXURE A9 TRUE COPY OF THE REMINDER ADDRESSED TO
THE 3RD RESPONDENT DATED 26.2.2015
ANNEXURE A10 TRUE COPY OF THE ORDER IN
O.A.NO.180/00647/2015 DATED 18.8.2015
OP(CAT)No.320 OF 2019
EXHIBIT P1 A PHOTOSTAT COPY OF THE OA
NO.180/00916/2015 FILED BY THE
PETITIONER BEFORE THE HON'BLE CENTRAL
ADMINISTRATIVE TRIBUNAL, ERNKAULAM BENCH
DATED 15.11.2015
EXHIBIT P2 A PHOTOSTAT COPY OF THE REPLY STATEMENT
FILED BY THE RESPONDENTS IN
O.A.NO.180/00916/2015 OF THE CENTRAL
ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH
DATED 15/01/2016
EXHIBIT P3 A PHOTOSTAT COPY OF THE DISCHARGE
SUMMARY ISSUED BY THANKAM HOSPITAL,
PALAKKAD TO THE PETITIONER DATED
14.07.2017
EXHIBIT P4 A PHOTOSTAT COPY OF THE ORDER OF THE
HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL,
ERNAKULAM BENCH IN O.A.NO.180/00916/2015
DATED 14.11.2019
