IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 WP(C).No. 3777 of 2008(S) ------------------------- OA.21/2007 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER: ------------ 1. UNION OF INDIA REPRESENTED BY THE SECRETARY, RAILWAY BOARD, RAIL BHAVAN,NEW DELHI. 2. THE GENERAL MANAGER,SOURTHERN RAILWAY HEADQUARTERS OFFICE, PARK TOWN P.O., CHENNAI-3 3. THE DIVISIONAL PERSONNEL OFFICER SOURTHERN RAILWAY TRIVANDRUM DIVISION TRIVANDRUM. BY ADV. SRI.M.C.CHERIAN,SR.SC.,RAILWAYS RESPONDENTS: ------------- 1. A.THANKAMANY HEAD TELEPHONE, OPEATOR SOUTHERN RAILWAY, TRIVANDRUM. 2. N.V.SUBRAMANI HEAD TELEPHONE OPERATOR/TRUNK EXCH/PGT SOUTHERN RAILWAY RAILWAY DIVISIONAL OFFICE CHENNAI. 3. R.KALAIRASI MARY HEAD TELEPHONE OPERATOR/TRUNK EXCH/MDU SOUTHERN RAILWAY RAILWAY DIVISIONAL OFFICE MADURAI. 4. KRISHNAKUMARI HEAD TELEPHONE OPERATOR/TRUNK EXCH/TVC SOUTHERN RAILWAY RAILWAY DIVISIONAL OFFICE TRIVANDRUM. 5. S.JAYASREE HEAD TELEPHONE OPERATOR/TRUNK EXCH/PARK TOWN SOUTHERN RAILWAY RAILWAY DIVISIONAL OFFICE CHENNAI. 6. G.RENUJA, HEAD TELEPHONE OPERATOR/TRUNK EXCH/PARK TOWN SOUTHERN RAILWAY RAILWAY DIVISIONAL OFFICE CHENNAI. 7. K.J.THRESSIAMMA HEAD TELEPHONE OPERATOR/TRUNK EXCH/PGT SOUTHERN RAILWAY RAILWAY DIVISIONAL OFFICE PALGHAT. 8. K.P.CHATHUNNI HEAD TELEPHONE OPERATOR/TRUNK EXCH/PGT SOUTHERN RAILWAY RAILWAY DIVISIONAL OFFICE PALGHAT. 9. S.UDAYAKUMAR HEAD TELEPHONE OPERATOR/TRUNK EXCH/PARK TOWN SOUTHERN RAILWAY RAILWAY DIVISIONAL OFFICE CHENNAI. 10. V.GOPALAN HEAD TELEPHONE OPERATOR/TRUNK EXCH/PGT SOUTHERN RAILWAY RAILWAY DIVISIONAL OFFICE PALGHAT. 11. T.EZIRSELVI HEAD TELEPHONE OPERATOR/TRUNK EXCH/PARK TOWN SOUTHERN RAILWAY RAILWAY DIVISIONAL OFFICE CHENNAI. 12. N.CHANDRASEKHARAN HEAD TELEPHONE OPERATOR/TRUNK EXCH/PARK TOWN SOUTHERN RAILWAY RAILWAY DIVISIONAL OFFICE CHENNAI. 13. A.COLLETTA BEENA HEAD TELEPHONE OPERATOR/TRUNK EXCH/TVC SOUTHERN RAILWAY RAILWAY DIVISIONAL OFFICE TRIVANDRUM. 14. T.CHANDRAMOHAN NAIR HEAD TELEPHONE OPERATOR/TRUNK EXCH/TVC SOUTHERN RAILWAY RAILWAY DIVISIONAL OFFICE TRIVANDRUM. 15. M.PUGALANDI HEAD TELEPHONE OPERATOR/TRUNK EXCH/PARK TOWN SOUTHERN RAILWAY RAILWAY DIVISIONAL OFFICE CHENNAI. 16. T.LAKSHMI NARAYANAN HEAD TELEPHONE OPERATOR/TRUNK EXCH/PARK TOWN SOUTHERN RAILWAY RAILWAY DIVISIONAL OFFICE CHENNAI. 17. T.NAGARAJAN, HEAD TELEPHONE OPERATOR/TRUNK EXCH/MDU SOUTHERN RAILWAY RAILWAY DIVISIONAL OFFICE MADURAI. 18. R.SRIDHAR HEAD TELEPHONE OPERATOR/TRUNK EXCH/TPJ SOUTHERN RAILWAY RAILWAY DIVISIONAL OFFICE TRIVANDRUM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. -------------------------------------------------------------------------------- Writ Petition (C) No.3777 of 2008-S -------------------------------------------------------------------------------- Judgment Balakrishnan Nair, J. The official respondents in OA No.21/07 which was disposed of by Ext.P3 common order along with a few other OAs are the writ petitioners. The first respondent herein was the applicant. There was some dispute whether the principles of reservation were applicable when the up-gradation was granted pursuant to which the cadre strength of Chief Telephone Operator was restructured. The said dispute was decided in favour of the 1st respondent herein by Annexure A2 judgment produced along with Ext.P1 OA. In the said Judgment, it was held as follows : “Accordingly, the OAs are allowed and official respondents are restrained from extending reservation in the case of up-gradation on restructuring of cadre strength of ECRCS in Southern Railway. As regards the cases in which such reservation has already been granted, the respondents shall pass appropriate orders withdrawing the reservation to the private respondents. There is on order as to costs.” Later, when steps were taken by issuing Annexure A3 for selection to the post of Chief Telephone Operator, again, the official respondents tried to introduce the principles of reservation. The same was challenged by the 1st respondent herein by WPC 3777/08 2 filing the above OA, contending that the proposal to grant reservation to the members of the SC/ST communities runs counter to the direction in Annexure A2 Judgment. The said contention was upheld by the CAT and the proposal to grant reservation in the selection to the post of Chief Telephone Operator was set aside. Hence this Writ Petition challenging Ext.P3 order by which the OA was allowed. 2. It is not in dispute that Annexure A2 Judgment was affirmed by this Court. A few other Writ Petitions challenging the orders of the CAT wherein the tribunal interfered with the grant of reservation on up-gradation as part of the restructuring, were also dismissed by this court. In Ext.P3, at paragraph 2, those Writ Petitions are mentioned. In other words, the view taken by the CAT is covered by more than one decision of this Court. The learned counsel for the writ petitioner submitted that no SLP has been filed against those Judgments. But, in one of the Writ Petitions, an RP has been attempted which is not yet disposed of. 3. In view of the above position, we notice that the case canvassed by the petitioners against Ext.P3 Judgment is covered against them by the decisions of this Court in Writ Petition (C) No.8822/06 and also Writ Petition (C) No.7970/06 and connected cases. Therefore, this Writ Petition is also dismissed. K.BALAKRISHNAN NAIR,JUDGE 04.02.2008 P.N.RAVINDRAN, JUDGE sta WPC 3777/08 3