K.B.Venugopalan vs Suneet Sharma
2023 Latest Caselaw 8103 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

        THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

                                  &

               THE HONOURABLE MR. JUSTICE GOPINATH P.

        MONDAY, THE 31ST DAY OF JULY 2023 / 9TH SRAVANA, 1945

                    CON.CASE(C) NO. 1778 OF 2021

  AGAINST THE JUDGMENT DATED 18.01.2021 IN OP (CAT) 102/2020 OF

                        HIGH COURT OF KERALA

PETITIONERS/RESPONDENT 10, 11 AND 19 IN OP(CAT):

    1       K.B.VENUGOPALAN,
            AGED 47 YEARS
            LOCO PILOT (GOODS), CCRC OFFICE, ERNAKULAM DEPOT,
            SOUTHERN RAILWAY, TRIVANDRUM, RESIDING AT CHERANALLOR,
            NEAR SOUTH NADA BHAGAVATHY TEMPLE, ERNAKULAM-683 544.


    2       B.ANILKUMAR,
            LOCO PILOT (GOODS), CCRC OFFICE, ERNAKULAM DEPOT,
            SOUTHERN RAILWAY, TRIVANDRUM, RESIDING AT GOURI
            NANDANAN, MUNDANCHIRA, KOLLAM-691 014.


    3       P.BIJU,
            LOCO PILOT (GOODS), CCRC OFFICE, ERNAKULAM DEPOT,
            SOUTHERN RAILWAY, TRIVANDRUM, RESIDING AT BIJU BHAVAN,
            CHERTHALA-688 524.


            BY ADVS.
            SRI.SIMLA PRABHAKARAN
            SRI.MAHIN PRABHAKARAN(K/217/2013)


RESPONDENTS/PETITIONERS IN OP(CAT):

    1       SRI.SUNEET SHARMA, AGED ABOUT 59 YEARS, FATHER'S NAME
            NOT KNOWN TO THE PETITIONERS,
            SECRETARY, MINISTRY OF RAILWAYS, "RAIL BHAVAN",
            NEW DELHI-110 001.


    2       SRI.JOHN THOMAS, AGED ABOUT 59 YEARS, FATHER'S NAME
            NOT KNOWN TO THE PETITIONERS, GENERAL MANAGER
                                   :2:
Con.Case(C).No.1778 of 2021




             SOUTHERN RAILWAY, HEAD QUARTERS OFFICE,
             PARK TOWN P.O, CHENNAI - 600 003.


     3       MR.SIDHARTH K.VARMA,
             AGED 30 YEARS
             S/O.P.N.KRISHNA VARMA, THE DIVISIONAL PERSONNEL
             OFFICER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION,
             TRIVANDRUM-695 584.


             BY ADVS.
             SRI.S.RADHAKRISHNAN,SENIOR PANEL,RAILWAYS(CG-408)
             SMT.KRISHNA T C


         THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR

ADMISSION ON 31.07.2023, THE COURT ON THE SAME DAY DELIVERED

THE FOLLOWING:
                                    :3:
Con.Case(C).No.1778 of 2021




                              JUDGMENT

Gopinath P., J.

Having heard the learned counsel appearing for the petitioners

and the learned counsel appearing for the respondents and having

perused Order No.SR-TVCOPB/198/2022(325617) dated 23.06.2023, we

are of the view that the Contempt of Court Case is to be closed

especially taking into consideration the submission of the learned

Standing counsel appearing for the Railways that the persons who

have earlier been promoted against the unreserved post of Loco Pilot

(Goods) and which was challenged by the applicants before the

Tribunal have been deleted from unreserved points and adjusted

against reserved vacancies in the promotion posts and also taking into

consideration the submission that the Senior most amongst the

applicants before the Tribunal have been promoted ahead of the party

respondents who were earlier promoted against unreserved vacancies.

Any subsisting grievance of the petitioners/applicants in the O.A may be

agitated in accordance with the law.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE

Sd/-

GOPINATH P.

JUDGE mns

Con.Case(C).No.1778 of 2021

APPENDIX OF CON.CASE(C) 1778/2021

PETITIONER ANNEXURES

Annexure A1 CERTIFIED COPY OF THE JUDGMENT DATED 18/.01.2021 IN OP (CAT) NO.102 OF 2020 PASSED BY THIS HON'BLE COURT.

Annexure A2 A TRUE COPY OF ORDER DATED 23.09.2020 ISSUED BY THE 3RD RESPONDENT.

Annexure A3 A TRUE COPY OF ORDER DATED 28.04.2021 ISSUED BY THE 3RD RESPONDENT.

Annexure A4 A TRUE COPY OF ORDER DATED 30.06.2021 ISSUED BY THE 3RD RESPONDENT.

Annexure A5 A TRUE COPY OF ORDER DATED 19.07.2021 ISSUED BY THE 3RD RESPONDENT.

Annexure A6 TRUE COPY OF THE ORDER NO. 60/2021/ELEC (OP) DATED 26-11-2021 ISSUED BY THE 3RD RESPONDENT

Annexure A7 TRUE COPY OF THE ORDER NO. 16/2022 ELEC (OP) DATED 25-05-2022ISSUED BY THE 3RD RESPONDENT

Annexure A8 TRUE COPY OF THE OFFICE ORDER NO. 29/2022 ELEC (OP) DATED 23-06-2022 ISSUED BY THE 3RD RESPONDENT

Annexure A9 TRUE COPY OF THE OFFICE ORDER NO.SR-

TVCOPB/100/2023 (372911) DATED 17/07/2023 IN THE CATEGORY OF TRACK MAINTAINER GRADE I

Annexure A10 TRUE COPY OF THE OFFICE ORDER NO.

T.30/2023/TMR/PROMOTION DATED 30/06/2023 IN THE CATEGORY OF TRAIN MANAGER

RESPONDENTS ANNEXURES

ANNEXURE R3(A) A TRUE COPY OF THE PROVISIONAL SENIORITY LIST OF LP (SHUNTING I)

Con.Case(C).No.1778 of 2021

ANNEXURE R3(B) A TRUE COPY OF THE PROVISIONAL SENIORITY LIST OF LP (PASSENGER) NOTIFIED BY THE TRIVANDRUM DIVISION DATED 07.01.2019

ANNEXURE R3(C) A TRUE COPY OF THE SENIORITY LIST OF LP (GOODS) NOTIFIED BY THE TRIVANDRUM DIVISION ON 11.06.2021