IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 RP.No. 167 of 2008(S) --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.8822/2006 .................... REVIEW PETITIONERS: PETITIONERS --------------------------------- 1. UNION OF INDIA, REPRESENTED BY THE CHAIRMAN, RAILWAY BOARD, MINISTRY OF RAILWAYS, RAIL BHAVAN, NEW DELHI-1. 2. GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI-3. 3. DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY, THIRUVANANTHAPURAM-14. 4. DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, THIRUVANANTHAPURAM-14. 5. CHIEF PERSONNEL OFFICER, SOUTHERN RAILWAY, CHENNAI-3. BY ADV. SRI.M.C.CHERIAN,SR.SC.,RAILWAYS RESPONDENTS: --------------- 1. P.A.SURENDRANATH, S/O.P.ANANDAPADMANABHAN, CHIEF COMMERCIAL CLERK/GRADE-II, ERNAKULAM NORTH RAILWAY STATION, SOUTHERN RAILWAY, ERNAKULAM. 2. JOSEMON.K.O, S/O.K.C.KOCHUMMEN, TRAVELLING TICKET EXAMINER, OFFICE OF THE CHIEF TRAVELLING TICKET INSPECTOR, SOUTHERN RAILWAY, QUILON. R.P.NO.167/2008 3. K.G.UNNIKRISHNAN, S/O.K.S.GOPALAN, TRAVELLING TICKET EXAMINER, TRIVANDRUM, SOUTHERN RAILWAY, QUILON. 4. JOSEPH BAKER FENN, S/O.J.B.BENN, TRAVELLING TICKT EXAMINER, OFFICE OF THE CHIEF TRAVELLING TICKET INSPECTOR, SOUTHERN RAILWAY, ERNAKULAM NORTH. 5. SUNIL THOMAS, S/O.T.Y.THOMAS, TRAVELLING TICKET EXAMINER, OFFICE OF THE CHIEF TRAVELLING TICKET INSPECTOR, SOUTHERN RAILWAY, QUILON. 6. K.P.UMESH, S/O.K.L.PURUSHOTHAMAN, TRAVELLING TICKET EXAMINER, OFFICE OF THE CHIEF TRAVELLING TICKET INSPECTOR, SOUTHERN RAILWAY, QUILON. 7. MOHANDAS.M, S/O.T.P.VIJAYAN, TRAVELLING TICKET EXAMINER, OFFICE OF THE CHIEF TRAVELLING TICKET INSPECTOR, SOUTHERN RAILWAY, ERNAKULAM. 8. K.AJAYAKUMAR, S/O.K.KRISHNA PILLAI, TRAVELLING TICKET EXAMINER, OFFICE OF THE CHIEF TRAVELLING TICKET INSPECTOR, SOUTHERN RAILWAY, ERNAKULAM. 9. R.DEVARAJAN, S/O.N.RAGHAVAN PILLAI, CHIEF TRAVELLING TICKET INSPECTOR/II, OFFICE OF THE CHIEF TRAVELLING TICKET INSPECTOR/GRADE-III, SOUTHERN RAILWAY, TRIVANDRUM. 10. R.S.MANI, S/O.P.RAMASWAMI, CHIEF TRAVELLING TICKET INSPECTOR/GRADE-II, OFFICE OF THE CHIEF TRAVELLING TICKET INSPECTOR, SOUTHERN RAILWAY, QUILON. 11. M.K.RAJASEKHARA KURUP, S/O.KARUNAKARA KURUP, CHIEF TRAVELLING TICKET INSPECTOR/GRADE-II, OFFICE OF THE CHIEF TRAVELLING TICKET INSPECTOR, SOUTHERN RAILWAY, TRIVANDRUM. R.P.NO.167/2008 12. G.RAMACHANDRAN NAIR, S/O.GANGADHARA KURUP, CHIEF TRAVELLING TICKET INSPECTOR/GRADE-II, OFFICE OF THE CHIEF TRAVELLING TICKET INSPECTOR, SOUTHERN RAILWAY, TRIVANDRUM. 13. G.ANTONY, S/O.A.GEORGE LOUISE, TRAVELLING TICKET INSPECTOR, OFFICE OF THE CHIEF TRAVELLING TICKET INSPECTOR, SOUTHERN RAILWAY, ERNAKULAM. 14. R.RAMESH, S/O.RAGHAVAN NAIR, SENIOR GOODS GUARD, OFFICE OF THE STATION MASTER, SOUTHERN RAILWAY, QUILON. 15. K.REGHURAMAN, TRAVELLING TICKET INSPECTOR, OFFICE OF THE CHIEF TRAVELLING TICKET INSPECTOR, SOUTHERN RAILWAY, ERNAKULAM. 16. V.VIJAYAN, TRAVELLING TICKET EXAMINER, OFFICE OF THE CHIEF TRAVELLING TICKET INSPECTOR, SOUTHERN RAILWAY, TRIVANDRUM. 17. K.SUBRAMANIAN, TRAVELLING TICKET EXAMINER, OFFICE OF THE CHIEF TRAVELLING TICKET INSPECTOR, SOUTHERN RAILWAY, NAGERCOIL. 18. K.ANANDAN, TRAVELLING TICKET EXAMINER, OFFICE OF THE CHIEF TRAVELLING TICKET INSPECTOR, SOUTHERN RAILWAY, QUILON. 19. P.K.KARTHIAYANI, TRAVELLING TICKET EXAMINER, OFFICE OF THE CHIEF TRAVELLING TICKET INSPECTOR, SOUTHERN RAILWAY, THRISSUR. 20. K.SHIBU, TRAVELLING TICKET EXAMINER, OFFICE OF THE CHIEF TRAVELLING TICKET INSPECTOR, SOUTHERN RAILWAY, QUILON. 21. P.H.JOHNSON, TRAVELLING TICKET EXAMINER, OFFICE OF THE CHIEF TRAVELLING TICKET INSPECTOR, SOUTHERN RAILWAY, ERNAKULAM NORTH. R.P.NO.167/2008 22. SAJUMON DANIEL, TRAVELLING TICKET INSPECTOR, OFFICE OF THE CHIEF TRAVELLING TICKET INSPECTOR, SOUTHERN RAILWAY, ERNAKULAM. 23. M.NAGARAJAN, TRAVELLING TICKET EXAMINER, OFFICE OF THE CHIEF TRAVELLING TICKET INSPECTOR, SOUTHERN RAILWAY, ERNAKULAM. 24. SARISH.P.SANKAR, TRAVELLING TICKET INSPECTOR, OFFICE OF THE CHIEF TRAVELLING TICKET INSPECTOR, SOUTHERN RAILWAY, ERNAKULAM NORTH. 25. K.S.JAMES, TRAVELLING TICKET EXAMINER, OFFICE OF THE CHIEF TRAVELLING TICKET INSPECTOR, SOUTHERN RAILWAY, KOTTAYAM. 26. K.MURUGAIAH, CHIEF TRAVELLING TICKET INSPECTOR/GRADE-II, OFFICE OF THE CHIEF TRAVELLING TICKET INSPECTOR, SOUTHERN RAILWAY, NAGERCOIL. 27. K.V.RAGHAVAN, CHIEF TRAVELLING TICKET INSPECTOR/GRADE-II, OFFICE OF THE CHIEF TRAVELLING TICKET INSPECTOR, SOUTHERN RAILWAY, TRIVANDRUM. 28. P.G.GEORGEKUTTY, CHIEF TRAVELLING TICKET INSPECTOR/GRADE-II, OFFICE OF THE CHIEF TRAVELLING TICKET INSPECTOR, SOUTHERN RAILWAY, ERNAKULAM NORTH. 29. V.K.BINOJ, PASSENGER GUARD, OFFICE OF THE STATION MASTER, SOUTHERN RAILWAY, QUILON. ADV. SRI.K.A.ABRAHAM THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 14/11/2008, ALONG WITH R.P.NOS.310,217 & 279 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. BALAKRISHNAN NAIR & T.R.RAMACHANDRAN NAIR, JJ. ---------------------------------------- R.P.No. 167 OF 2008 IN W.P.(C) No.8822 OF 2006, R.P.No. 310 OF 2008 IN W.P.(C) No.8505 OF 2006 R.P.No. 279 OF 2008 IN W.P.(C) No.13972 OF 2006, & R.P.No. 217 OF 2008 IN W.P.(C) No.16035 OF 2007 ---------------------------------------- Dated this the 14th day of November, 2008 O R D E R ~~~~~~~ Balakrishnan Nair, J. R.P.No. 167 OF 2008 The writ petitioners are the review petitioners. The respondents are the respondents in the writ petition and applicants before the CAT in O.A.No.711/2004. The order impugned in that O.A (Ext.P1) was Annexure-A1 dated 9.10.2003 issued by the Railway Board. As per that order, restructuring of Group C and Group D cadres was done. Paragraph 14 of that order reads as follows: “The existing instruction with regard to reservation of SC/ST wherever applicable will continue to apply.” 2. The CAT upheld the contention of the applicants that the present scheme is also similar to the earlier schemes. The Apex Court held that principles of reservation to SC/ST would R.P.No.167/2008 & connected cases 2 not apply when the upgraded posts available on implementation of earlier schemes were filled up. The C.A.T. proceeded on the footing that the present scheme is identical to the earlier schemes and relying on the decisions of the Apex Court, concerning the earlier schemes, quashed paragraph 14 of Annexure A1 and ordered not to apply the principles of reservation, while filling up the posts. The writ petitioners challenged that order of the C.A.T, a copy of which is produced as Ext.P3, in this writ petition before us. We also proceeded on the footing that the present scheme is identical to the earlier schemes and upheld the decision of the C.A.T. relying on the decisions of the Apex Court dealing with the earlier schemes, which were implemented in the Railways. 3. In this review petition, it is submitted that there is substantial difference between the present scheme introduced in 2003 and the earlier schemes and therefore our judgment is vitiated by an error apparent on the face of the Court. So, the review petitioners prayed for review of that judgment. In support of that submission, the learned counsel for the review R.P.No.167/2008 & connected cases 3 petitioners brought to our notice the decision of the Apex Court in Union of India v. Pushpa Rani [2008(9) SCC 242]. In the said decision it was held as follows: “35. A careful reading of the policy contained in Letter dated 9.10.2003 shows that with a view to strengthen and rationalise the staffing pattern, the Ministry of Railways had undertaken review of certain cadres. The basis of the review was functional, operational and administrative requirement of the Railways. This exercise was intended to improve the efficiency of administration by providing incentives to the existing employees in the form of better promotional avenues and at the same time requiring the promotees to discharge more onerous duties. The policy envisaged that additional posts becoming available in the higher grades as a sequel to restructuring of some of the cadres should be filled by promotion by considering such of the employees who satisfy the conditions of eligibility including the minimum period of service and who are adjudged suitable by the process of selection. This cannot be equated with upgradation of posts which are required to be filled by placing the existing incumbents in the higher grade without subjecting them to the rigor of selection. 36. In view of the above discussion, we hold that the Railway Board did not commit any illegality by directing that the existing instructions with regard to the policy of reservation of posts for Scheduled Castes and Schedules Tribes will apply at the stage of effecting promotion against the additional posts and the Tribunal committed serious illegality by striking down Para 14 of Letter dated 9.10.2003.” R.P.No.167/2008 & connected cases 4 4. The Apex Court having considered elaborately, the provisions of the earlier schemes and the present scheme held that the present scheme is different from the earlier schemes and upheld paragraph 14 of Annexure A1 order . 5. We heard the learned counsel appearing for the respondents also. According to him reservation of SC/ST can be applied only wherever applicable. It is not applicable in all cases, it is submitted. Having regard to the facts of the case, even if, reservation is applied, there may be some additional posts to which reservation is not applicable, it is submitted. 6. We notice that the said point was not considered by the C.A.T. But, the C.A.T. has considered the validity of clause 14. We have affirmed the decision of the C.A.T. Since our conclusion is vitiated by an error apparent on the face of the record, we recall the judgment under review. 7. Now the point raised by the petitioners regarding the validity of paragraph 14 of Annexure A1 to Ext.P1 is covered by R.P.No.167/2008 & connected cases 5 the decision of the Apex Court in Union of India v. Pushpa Rani [2008(9)SCC 242]. So, we quash Ext.P3 order of the C.A.T. and W.P.(C) No.8822/2006 is allowed. 8. If, the respondents have any right under Annexure A1, notwithstanding, the existence of Paragraph 14 thereof and the same is denied, they will be free to move the competent authority of the Railways to grant the same. The Review Petition is allowed as above. No costs. R.P.No. 310 & 279 OF 2008 In view of the order in R.P.No. 167/2008, these review petitions are also allowed. The orders of the C.A.T. impugned in these writ petitions (W.P.(C) Nos.8505/2006 and 13972/2006) are quashed. It is ordered that the order in R.P.No.167/2008 will govern these cases also. R.P.No.167/2008 & connected cases 6 R.P.No. 217 OF 2008 In the light of the judgment of the Apex Court in Union of India v. Pushpa Rani [2008(9)SCC 242], Ext.P3 in W.P.(C) No.16035/2007 is quashed and this Review Petition is allowed. (K.BALAKRISHNAN NAIR, JUDGE) (T.R.RAMACHANDRAN NAIR, JUDGE) ps