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Kerala High Court
K.Shibu vs Josemon
       

  

  

 
 
                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)
                      ---------------------------
     OA.908/2004 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH

PETITIONER(S):
-------------

     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)
---------------------------


RESPONDENT(S):
--------------

     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)
---------------------------

                               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