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Kerala High Court
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:

THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN &

THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR MONDAY, THE 27TH DAY OF FEBRUARY 2012/8TH PHALGUNA 1933 WP(C).No. 18518 of 2006 (Z)

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OA.908/2004 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH PETITIONER(S):

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1. K.SHIBU, AGED 27 YEARS,

S/O.KRISHNANKUTTY, TRAVELLING TICKET INSPECTOR SOUTHERN RAILWAY, QUILON JN. RESIDING AT ANITHA BHAVAN, KUTHIRAKULAM.P.O VEMBAYAM, TRIVANDRUM DISTRICT.

2. P.H.JOHNSON, AGED 41 YEARS, S/O.HEZEKIEL, TRAVELLING TICKET INSPECTOR SOUTHERN RAILWAY, ERNAKULAM TOWN RESIDING AT PERUMTHADATHIL, MELUKAU.P.O, KOTTAYAM.

3. SARISH.P.SHANKAR,

AGED 28 YEARS, S/O.P.K.SHANKARAN TRAVELLING TICKET INSPECTOR, SOUTHERN RAILWAY ERNAKULAM TOWN, RESIDING AT KURITHARA HOUSE ERAMALLOOR.P.O, ALLEPPEY.

4. JAMES.K.S, AGED 45 YEARS, S/O.SHANMUGHAN, TRAVELLING TICKET INSPECTOR SOUTHERN RAILWAY, KOTTAYAM, RESIDING AT KODIYATTIL HOUSE, MELUKAVU.P.O, KOTTAYAM.

5. K.RAGHURAMAN,

AGED 33 YEARS, S/O.KRISHNAN (LATE) TRAVELLING TICKET INSPECTOR, SOUTHERN RAILWAY GENERAL SQUAD, RESIDING AT 19/2048, RAMALAYA PALLURUTHY, KOCHI.

BY ADVS.SRI.T.C.GOVINDA SWAMY SMT.D.HEERA

SRI.P.NPANKAJAKSHAN PILLAI

RK (CONT...) WP(C).No. 18518 of 2006 (Z)

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RESPONDENT(S):

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1. JOSEMON, TRAVELLING TICKET EXAMINER OFFICE OF THE CHIEF TRAVELLING TICKET INSPECTOR SOUTHERN RAILWAY, QUILON.

2. K.G.UNNIKRISHNAN, TRAVELLING TICKET EXAMINER OFFICE OF THE CHIEF TRAVELLING, TICKET INSPECTOR SOUTHERN RAILWAY, THIRUVANANTHAPURAM.

3. JOSEPH BAKER FENN, TRAVELLING TICKET EXAMINER OFFICE OF THE CHIEF TRAVELLING TICKET INSPECTOR SOUTHERN RAILWAY, ERNAKULAM JUNCTION, ERNAKULAM.

4. SUNIL THOMAS, TRAVELLING TICKET EXAMINER OFFICE OF THE CHIEF TRAVELLING TICKET INSPECTOR SOUTHERN RAILWAY, QUILON.

5. K.P.UMESH, TRAVELLING TICKET EXAMINER OFFICE OF THE CHIEF TRAVELLING TICKET INSPECTOR SOUTHERN RAILWAY, QUILON.

6. MOHAN DAS.M, TRAVELLING TICKET EXAMINER OFFICE OF THE CHIEF TRAVELLING TICKET INSPECTOR SOUTHERN RAILWAY, TRIVANDRUM.

7. K.AJAY KUMAR, TRAVELLING TICKET EXAMINER OFFICE OF THE CHEIF TRAVELLING TICKET INSPECTOR SOUTHERN RAILWAY, THIRUVANANTHAPURAM.

8. UNION OF INDIA, REP. BY SECRETARY, RAILWAY BOARD, RAIL BHAWAN NEW DELHI.

9. THE GENERAL MANAGER, SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK TOWN.P.O, CHENNAI-03.

10. THE DIVISIONAL RAILWAY MANAGER, THIRUVANANTHAPURAM DIVISION, SOUTHERN RAILWAY THIRUVANANTHAPURAM.

11. THE SENIOR DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY

THIRUVANANTHAPURAM DIVISION, THIRUVANANTHAPURAM. BY SRI.JAMES KURIAN, SC, RAILWAYS BY GOVERNMENT PLEADER SRI.K.A.ABRAHAM BY SRI.ALEXANDER THOMAS, SC,RAILWAYS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RK

WP(C).No. 18518 of 2006 (Z)

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APPENDIX

PETITIONERS EXHIBITS::

EXT.P1: COPY OF THE ORDER OF THE HON'BLE CAT ERNAKULAM BENCH DATED 21.11.2005 IN O.A.908/04

EXT.P2: COPY OF THE ORIGINAL APPLICATION NO.908/2004 ALONG WITH ITS ANNEXURES FILED BEFORE THE THE HON'BLE CAT DATED 19.12.2004 EXT.P3: COPY OF THE REPLY STATEMENT FILED LBY THE OFFICIAL RESPONDENTS DATED AUGUST 2005 IN O.A.NO.908/2004 DATED NIL DAY OF OAUGUST 2005

EXT.P4: COPY OF THE 40 POINT ROSTER REFERRED TO BY THE RESPONDENTS 1 TO 7 HEREIN AS COMMUNICATED BY THE RAILWAY BOARD UNDER NO.E (SCT) 70CM 15/10 DATED 29.04.70 EXT.P5: COPY OF THE ORDER BEARING NO.RBE 114/97 DATED 21.08.1997 EXT.P6: COPY OF THE FULL LTEXT OF THE RAILWAY BOARD ORDER BEARING RBE NO.177/2003 DATED 09.10.2003 ALONG WITH ITS ANNEXURES RESPONDENTS EXHIBITS: NIL

/TRUE COPY/

PA TO JUDGE

RK

THOTTATHIL B. RADHAKRISHNAN & C.T.RAVIKUMAR, JJ.

---------------------------------------- W.P.(C)No.18518 of 2006

---------------------------------------- Dated this the 27th day of February, 2012 JUDGMENT

Thottathil B.Radhakrishnan, J. When this matter is taken up today, there is no dispute that the question raised in this writ petition stands covered in favour of the petitioners as per order dated 14.11.2008 in R.P.No.167 of 2008 in W.P.(C)No.8822 of 2006 and connected cases. Following that, the impugned order of the Central Administrative Tribunal is quashed and this writ petition is allowed. The employees concerned will be at liberty to seek appropriate relief, if any, in accordance with paragraph 8 of the aforesaid order in R.P.No.167 of 2008. The writ petition is ordered accordingly. Sd/-

THOTTATHIL B. RADHAKRISHNAN

Judge

Sd/-

C.T.RAVIKUMAR

Judge

TKS/27.2.2012