IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 6TH OCTOBER 2010 / 14TH ASWINA 1932 WP(C).No. 3250 of 2010(S) ------------------------- OA.551/2008 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER(S): --------------- 1. UNION OF INDIA THROUGH THE GENERAL MANAGER, SOUTHERN RAILWAY, PARK TOWN P.O., CHENNAI-3. 2. THE SENIOR DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, PALGHAT DIVISION, PALGHAT. 3. THE DIVISIONAL ACCOUNTS OFFICER, SOUTHERN RAILWAY, PALGHAT DIVISION, PALGHAT. 4. THE DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY, PALGHAT DIVISION, PALGHAT. 5. THE CHIEF PERSONNEL OFFICER, SOUTHERN RAILWAY, HEADQUARTERS, PARK TOWN.P.O., CHENNAI-3. BY ADV. SRI.T.P.M.IBRAHIM KHAN,SR.SC, RAILWAYS RESPONDENT(S): --------------- E.RADHAKRISHNAN, S/O. KANNANKUTTY NAIR, RETD. CHIEF TRAVELLING TICKET EXAMINER, SOUTHERN RAILWAY, COIMBATORE, RESIDING AT 2/306, REMA SADAN, OL KALPATHY, PALAKKAD-678003. ADV. SRI.T.C.GOVINDA SWAMY FOR R1 SRIT.R.MOHANAKUMAR FOR R1 SRI.G.SHYAM RAJ FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 PHOTOSTAT COPY OF THE O.A.NO. 551 OF 2008 ALONG WITH IT'S ANNEXURES FILED BY THE RESPONDENT/APPLICANT BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. EXT.P2 PHOTOSTAT COPY OF THE REPLY STATEMENT FILED BY THE PETITIONERS/RESPONDENT IN ORIGINAL APPLICATION NO. 551 OF 2008 BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. EXT.P3 PHOTOSTAT COPY OF THE REJOINDER FILED BY THE PETITIONERS/RESPONDENT IN ORIGINAL APPLICATION NO. 551 OF 2008 BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. EXT.P4 PHOTOSTAT COPY OF THE ADDL. REPLY STATEMET FILED BY THE PETITIONERS/RESPONDENT IN ORIGINAL ;APPLICATION NO. 551 OF 2008 BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. EXT.P5 PHOTOSTAT COPY OF THE ORDER DATED 21.8.2009 PASSED BY THE LEARNED CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH IN EXT.P1 ORIGINAL APPLICATION NO. 551 OF 2008. RESPONDENT'S EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C .N. RAMACHANDRAN NAIR, & K. SURENDRA MOHAN, JJ. -------------------------------------------- W.P.C. No. 3250 of 2010 -------------------------------------------- Dated this the 6th day of October, 2010 JUDGMENT Ramachandran Nair, J. Heard standing counsel for the petitioners and counsel appearing for the respondent. After hearing both sides, and after going through the Tribunal's order, we do not find any merit in the WPC filed by the Railways because respondent was found to be suffering from 75% physical disability and is a crippled person. Denial of family pension is based on alleged marriage and respondent crossing the age of 25 years. The Tribunal rightly found that the Rule does not bar such a person from getting the benefit if he is disabled physically or mentally. Respondent's disability is confirmed by the Medical Board constituted by the Railways. So much so we do not find any ground to interfere with Tribunal's order. Further it is also stated that benefits are already released to the respondent. Consequently we dismiss the Writ Petition. (C.N.RAMACHANDRAN NAIR) Judge. (K. SURENDRA MOHAN) kk Judge. 2