Union Of India vs Harikrishnan B.S
2024 Latest Caselaw 16700 Ker

Kerala High Court

Union Of India vs Harikrishnan B.S on 12 June, 2024

Author: Amit Rawal

Bench: Amit Rawal

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

                   THE HONOURABLE MR. JUSTICE AMIT RAWAL

                                      &

                  THE HONOURABLE MR. JUSTICE EASWARAN S.

         WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946

                           OP (CAT) NO. 228 OF 2017

AGAINST THE ORDER/JUDGMENT DATED 23.03.2017 IN OA NO.382 OF 2016 OF CENTRAL

ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH

PETITIONERS/RESPONDENTS:

    1      UNION OF INDIA
           REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY,
           HEADQUARTERS OFFICE,PARK TOWN P.O., CHENNAI - 600 003.
    2      THE SENIOR DIVISIONAL PERSONNEL OFFICER
           SOUTHERN RAILWAY, SALEM DIVISION, SALEM-636 005.
    3      THE SENIOR DIVISIONAL PERSONNEL OFFICER
           SOUTHERN RAILWAY, PALAKKAD DIVISION,PALAKKAD-678 002.
    4      THE SENIOR DIVISIONAL PERSONNEL OFFICER
           SOUTHERN RAILWAY, TRIVANDRUM DIVISION,TRIVANDRUM - 695 014.

           BY ADVS.
           SRI.DINESH CHERUKAT, SC, RAILWAYS


RESPONDENTS/APPLICANTS:

    1      HARIKRISHNAN B.S.
           S/O.T.BALACHANDRAN PILLAI,SENIOR ASSISTANT LOCO PILOT,
           OFFICE OF THE SENIOR SECTION ENGINEER/CARRIAGE &
           WAGON,SOUTHERN RAILWAY, PALAKKAD, RESIDING AT MADHAVA
           VILASOM, VELLIMON (WEST) P.O.,VELLIMON, KOLLAM - 691 511.
    2      SHIBU G KURUP
           S/O.S.GOPALAKRISHNA KURUP,SENIOR ASSISTANT LOCO PILOT,
           OFFICE OF SENIOR SECTION ENGINEER/CARRIAGE & WAGON,SOUTHERN
           RAILWAY, PALAKKAD, RESIDING AT MANVEENA,KUZHIKONAM, MANCHA
           P.O., NEDUMANGADU,THIRUVANANTHAPURAM - 695 541.
    3      K.R.SATHEESH KUMAR
           S/O.P.KARUNAKARAN NAIR,SENIOR ASSISTANT LOCO PILOT, SENIOR
           SECTION ENGINEER/CARRIAGE & WAGON, SOUTHERN RAILWAY,
           PALAKKAD,RESIDING AT SINDHU BHAVAN, T.C.6/2076,VALIYAVILA,
           PULIYANAMPURAM, VATTIYOORKAVU P.O.,THIRUVANANTHAPURAM-695
           013.
    4      SUBIN CHAKRAVARTHY
 OP (CAT) NO. 228 OF 2017

                                  2

           S/O.N.CHAAKARAN,SENIOR ASSISTANT LOCO PILOT, OFFICE OF
           CHIEF CREW CONTROLLER, SOUTHERN RAILWAY SHORANUR.RESIDING
           AT KIZHAKKE CHERUKATTU,KARIKKAD P.O., CHERTHALA, ALAPPUZHA-
           688 527.
    5      SUJITH SUDHAKARAN
           S/O.SUDHAKARAN, SENIOR ASSISTANT LOCO PILOT, OFFICE OF
           CHIEF CREW CONTROLLER, SOUTHERN RAILWAY, SHORANUR,RESIDING
           AT EDAYADIYIL HOUSE, KAIPPATTOOR P.O.,ARAKKUNNAM (VIA),
           ERNAKULAM DIST. - 682 313.
    6      PRASANTH.S.K.
           S/O.A.SASIDHARAN PILLAI,SENIOR ASSISTANT LOCO PILOT, OFFICE
           OF THE SENIOR SECTION ENGINEER/CARRIAGE & WAGON/SOUTHERN
           RAILWAY,CALICUT. RESIDING AT PRANAVM,
           CHERUVALLIKUZHI,PAZHAKUTTY P.O.,
           NEDUMANGAD,THIRUVANANTHAPURAM - 695 541.
    7      S.AROMAL SASI
           S/O.B.SASIDHARAN PILLAI,SENIOR ASSISTANT LOCO PILOT, OFFICE
           OF THE SENIOR SECTION ENGINEER/CARRIAGE &WAGON, SOUTHERN
           RAILWAY, CALICUT.RESIDING AT SANGEETHA, MANGALATHU NAGAR -
           102,PANTHALATHAZHAM, KILIKOLLOOR P.O., KOLLAM -691 004.
    8      VISHNU SIDHARTH
           S/O.P.SIDHARTHAN, SENIOR ASSISTANT LOCO PILOT, OFFICE OF
           THE CHIEF CREW CONTROLLER, SOUTHERN RAILWAY,
           SHORANUR.RESIDING AT VADAKKEPUNNAKKAL HOUSE,PARAYAKAD P.O.,
           CHERTHALA, ALAPPUZHA-688 540.
    9      RENJITH S
           S/O.K.SUKUMARA PILLAI, SENIOR ASSISTANT LOCO PILOT, OFFICE
           OF THE CHIEF CREW CONTROLLER, SOUTHERN
           RAILWAY,SHORNUR.RESIDING AT KAROOR SREERANGAM,
           CHERAVALLY,KAYAMKULAM P.O., ALAPPUZHA-690 502.
    10     BIJU P.
           S/O.K.PEETHAMBARAN,SENIOR ASSISTANT LOCO PILOT,OFFICE OF
           THE SENIOR SECTION ENGINEER/CARRIAGE & WAGON,SOUTHERN
           RAILWAY, PALAKKAD.RESIDING AT POURNAMI, TC-33/1517,GRA-C-
           262, GURUJI ROAD, NAMBAVANKAVU,VATTIYOORKAVU P.O.,
           THIRUVANANTHAPURAM - 695 013.
    11     SHIBU S
           S/O.R.SURENDRAN, SENIOR ASSISTANT LOCO PILOT,SENIOR SECTION
           ENGINEER/CARRIAGE & WAGOR/SOUTHERN RAILWAY,
           CALICUT.RESIDING AT S.S.BHAVAN, T.C.18/419(1), ARAMADA
           P.O., PUNNAKKAMUGAL,THIRUVANANTHAPURAM - 695 032.
    12     SREERAG M
           S/O.MURALEEDHARAN D,SENIOR ASSISTANT LOCO PILOT,OFFICE OF
           SENIOR SECTION ENGINEER/CARRIAGE & WAGON,SOUTHERN RAILWAY,
           PALAKKAD, SOUTHERN RAILWAY,RESIDING AT AISWARYA,
 OP (CAT) NO. 228 OF 2017

                                  3

           AITHOTTUVA,WEST KALLADA P.O., KOLLAM - 691 500.
    13     P.KRISHNA RAJ
           S/O.PRABHA KUMAR,SENIOR ASSISTANT LOCO PILOT,OFFICE OF THE
           SENIOR SECTION ENGINEER/CARRIAGE & WAGON,SOUTHERN RAILWAY,
           PALAKKAD,RESIDING AT MOOLEPARAMBIL HOUSE,KALLAR SOUTH P.O.,
           KALLAR,KOTTAYAM DISTRICT, KERALA-686 611.

           BY ADVS.
           SRI.T.C.GOVINDA SWAMY
           SMT.T.N.SREEKALA, SMT.KALA T.GOPI

     THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 12.06.2024, THE COURT

ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (CAT) NO. 228 OF 2017

                                        4

                   AMIT RAWAL & EASWARAN S., JJ.
                        ------------------------------------
                         OP(CAT) No.228 of 2017
                       -------------------------------------
                   Dated this the 12th day of June, 2024

                               JUDGMENT

Easwaran S.,J.

The respondents before the Central Administrative Tribunal are the

petitioners herein. The facts, in brief, are as follows:

The applicants, who are working as Assistant Loco Pilots in Palakkad

Division of Southern Railway, approached the Central Administrative

Tribunal against erroneous assignment of their Seniority in Trivandrum

Division of the Southern Railway for mutual transfer to the said Division.

The applicants while working in the Palakkad Division were posted before

the Selam Division. Later, while working at Erode Station, their lien was

retained at Palakkad Division. Pursuant to the directions of the Tribunal in

OA No.235/2008, Annexure-A2, the applicants were relieved for Palakkad

Division and their applications ought to have been forwarded to Trivandrum

Division for eventual registration and transferred the applicants to

Trivandrum Division on the basis of their priority. However, the applications

were kept pending idle till 2011 and in the meantime, the same was OP (CAT) NO. 228 OF 2017

mistakenly forwarded to Salem Division. The mistake was however

corrected and later, the applications were forwarded to Trivandrum Division

and eventually, they were appointed/transferred.

2. The respondents, petitioners herein, opposed the prayer. It was

pointed out that the Selam Division was formed on 1.11.2007 and the

Erode Station, where the applicants were working, became part of the

Selam Division. However, their lien was maintained at Palakkad Division.

The applicants were relieved on various dates during 2010 to 2012

pursuant to the directions of the Tribunal in O.A.No.235/2008.

3. While working in the Salem Division, the applicants had submitted

inter-divisional transfer applications to Trivandrum Division to the Divisional

Personnel Officer, Selam (DPO/SA) and were forwarded to Trivandrum

Division, vide letter dated 16.6.2010. However, the said applications were

returned on 24.6.2010 stating that the same should be forwarded to the

Palakkad Division as their lien was maintained there. As per Annexure-R2

guidelines, especially paragraph 2.8.2 thereof, the priority of registration in

the new unit is determined by the date of the covering letter of the

forwarding applications.

4. Based on the materials on record and pleadings, the Central OP (CAT) NO. 228 OF 2017

Administrative Tribunal vide Ext.P3 order dated 23.3.2017 impugned came

to the conclusion that the delay caused by the Salem Division by

mistakenly forwarding the applications to Trivandrum Division should not

have been adversely affected the applicants. Challenging the said order in

O.A No.382/2016, the respondents therein have approached this Court in

the present Original Petition.

5. We have heard Sri.Dinesh Cherukat, learned Standing Counsel

appearing for the petitioners/respondents and Smt.Kala T.Gopi, learned

counsel appearing for the respondents/applicants.

6. The learned Standing Counsel for the petitioners contended that

the point raised in the original application is covered by the decision of a

Coordinate Bench of this Court in WP(C) No.31443/2008 dated 7.3.2018.

In the judgment referred to above by the learned Standing Counsel for the

petitioners, the Coordinate Bench of this Court had specifically laid down

the law that the Tribunals or Courts cannot interfere in matters relating to

criteria and mode of transfer of employees, except when they suffer from

arbitrariness or malafides. Resultantly, the Division Bench set aside the

order of the Tribunal in O.A.No.781/2007, which formed the basis of the

present order impugned in the original petition. Hence, we find that the OP (CAT) NO. 228 OF 2017

facts in this case and that of the judgment in WP(C) No.31443/2008 dated

7.3.2018, are similar in nature. However, the learned counsel for the

respondents/applicants contended that it was only because of the mistake

committed by the Department in not forwarding the applications through the

Palakkad Division, and instead forwarding directly to the Trivandrum

Division, the delay occurred which resulted in loss of seniority of the

applicants. However, we are not impressed by the said argument raised by

the learned counsel for the respondents/applicants.

In the result, Ext.P3 order dated 23.3.2017 of the Central

Administrative Tribunal in O.A.No.382/2016 is set aside. The Original

Petition is allowed as above. No order as to costs.

Sd/-

AMIT RAWAL JUDGE

Sd/-

EASWARAN S. JUDGE jg OP (CAT) NO. 228 OF 2017

APPENDIX OF OP (CAT) 228/2017

PETITIONER ANNEXURES ANNEXURE A1 A TRUE COPY OF THE CHART SHOWING THE PARTICULARS OF THE APPLICANTS INDICATING THE DATES OF APPOINTMENTS, DATED OF REGISTRATION FOR EVENTUAL TRANSFER TO TRIVANDRUM DIVISION.

ANNEXURE A2 A TRUE COPY OF THE ORDER IN OA 235/2008 DATED 3RD SEPTEMBER 2008 RENDERED BY THE CAT (ERNAKULAM BENCH). ANNEXURE A3 TRUE COPY OF THE RAILWAY BOARD ORDER BEARING ESTT. SL.

NO.29/7 DATED 25/01/1971.

ANNEXURE A4 TRUE COPY OF THE RAILWAY BOARD ORDER BEARING NO.E(NG)/II/71/TR/71 DATED 31/03/1971.

ANNEXURE A5 TRUE COPY OF THE PERSONNEL BRANCH CIRCULAR NO.164/1985 DATED 26/12/1985 ISSUED BY THE GENERAL MANAGER, SOUTHERN RAILWAY.

ANNEXURE A6 TRUE COPY OF THE RAILWAY BOARD ORDER BEARING RBE NO.24/2000 DATED 08/02/2000.

ANNEXURE A7 TRUE COPY OF INTER DIVISIONAL TRANSFER/INTER RAILWAY TRANSFER REGISTRATION PRIORITY LIST OF ASSISTANT LOCO PILOTS MAINTAINED IN THE TRIVANDRUM DIVISION AS ON 15/02/2016.

ANNEXURE A8 TRUE COPY OF THE ORDER IN OA 781/2007 DATED 19/06/2008 RENDERED BY THE CAT (ERNAKULAM BENCH).

ANNEXURE R1 TRUE COPY OF THE LETTER DATED 20/01/2011. ANNEXURE R2 TRUE COPY OF THE PB CIRCULAR NO.90/96 DATED 30/10/1996. EXHIBIT-P1: TRUE COPY OF THE O.A.382/2016 ON THE FILES OF THE CAT (ERNAKULAM BENCH).

EXHIBIT-P2: TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS IN O.A.382/2016.

EXHIBIT-P3: TRUE COPY OF THE ORDER DATED 23.03.2017 IN O.A.382/2016 OF THE CAT (ERNAKULAM BENCH).