IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 15TH OCTOBER 2010 / 23RD ASWINA 1932 OP (CAT).No. 336 of 2010(S) --------------------------- OA.541/2009 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER ------------------------------ 1. UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY HEADQUARTERS OFFICE, PARK TOWN P.O., CHENNAI-600003 2. SENIOR DIVISIONAL FINANCE MANAGER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM-695014 3. SENIOR DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM-695014. 4. DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY,TRIVANDRUM DIVISION TRIVANDRUM-695014. 5. SECRETARY, RAILWAY BOARD, MINISTRY OF RAILWAYS, RAIL BHAVAN, NEW DEHLI-110001. BY ADV. SRI.M.C.CHERIAN,SR.SC.,RAILWAYS RESPONDENT(S): --------------- P.G MANOHARAN, S/O.GOPALAN, (RETIRED PROGRESSMAN/GRADE-1 UNDER SECTION ENGINEER/WORKS/QUILON) RESIDING AT:KARTHIKA,NORTH COHUMURI, GOVINDAMUTTOM P.O.,KAYAMKULAM, KOLLAM DISTRICT.-690527 THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 15/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR, & K. SURENDRA MOHAN, JJ. -------------------------------------------- O. P. (CAT) No. 336 of 2010 -------------------------------------------- Dated this the 15th day of October, 2010 JUDGMENT Ramachandran Nair, J. The issue raised is covered against the Railways by decision of this Court in several cases and we have ourselves dismissed WPC No. 28428 of 2010 on 15.9.2010. Following the above said judgment, we dismiss the O.P., but grant two months' time to the petitioner to implement the judgment. Since SLP is said to be pending against judgments of this Court in the same matter, we feel instead of driving the petitioner to Supreme Court, in every case the benefit of the judgment of the Supreme Court on the same issue in the pending case could be extended to the petitioner in this case also. Accordingly we declare that if the earlier judgment of this Court on the same issue relied on by us is reversed by the Supreme Court, the judgment of the Supreme Court in that case will apply to the extent applicable to this case as well. Petitioner is free to issue revised order based on judgment of Supreme Court. (C.N.RAMACHANDRAN NAIR) Judge. kk (K. SURENDRA MOHAN) Judge. 2