IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 WP(C).No. 17759 of 2010(S) -------------------------- OA.125/2009 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONERS: --------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF RAILWAYS, RAILWAY BHAVAN,NEW DELHI. 2. THE GENERAL MANAGER, SOUTHERN RAILWAY, PART TOWN, CHENNAI - 600 003. 3. THE CHIEF PERSONNEL OFFICER, SOUTHERN RAILWAY, PARK TOWN, CHENNAI - 600 003. 4. THE DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM -14. 5. THE CHIEF ELECTRICAL ENGINEER, SOUTHERN RAILWAY, PARK TOWN, CHENNAI - 600 003. BY ADV. SRI.M.C.CHERIAN,SR.SC.,RAILWAYS RESPONDENT: --------------- N. MANOHARAN, S/O. K. NARAYANAN, JUNIOR ENGINEER/GR. I (OHE), SOUTHERN RAILWAY, ALAPPUZHA PERMANENT ADDRESS : VAISHNAVAM, UMBERNADU, KALLUMALA.P.O, MAVELIKKARA, ALEPPEY DISTRICT. ADV. SRI.T.C.GOVINDA SWAMY FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. .................................................................... W.P.(C) No.17759 of 2010 .................................................................... Dated this the 22nd day of November, 2010. JUDGMENT Ramachandran Nair, J. Standing Counsel for the petitioner-Railways after filing the W.P. (C) has filed Ext.P5 order wherein promotion is given to the respondent. It seems the Railways has no contest so far as the promotion and benefits granted to the respondent under Ext.P5 is concerned. However, counsel for the Railways submitted that if respondent claims benefit beyond Ext.P5 in terms of the Tribunal's order, Railways wish to challenge the CAT's order. We, therefore, allow the Railways to withdraw the W.P.(C) leaving freedom to them to challenge the order of the CAT if respondent claims anything more than the benefit granted in Ext.P5 order. W.P.(C) is dismissed as withdrawn subject to the above condition. C.N.RAMACHANDRAN NAIR Judge BHABANI PRASAD RAY Judge pms