IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 WA.No. 1367 of 2007() --------------------- AGAINST THE JUDGEMENT IN WPC.4097/2007 Dated 27/02/2007 .................... APPELLANTS: PETITIONER 1,2,3 IN WP(C): ------------------------------------------------------------- 1. SHIBI T.K., AGED 30 YEARS, S/O. KUTTAN, THATTARASSERY HOUSE, NEDUPUZHA P.O., THRISSUR DIST. 2. SANTHOSH T.M., S/O. MATHEW, AGED 34 YEARS, KANNARA P.O., PEECHI. 3. AJEESH M.B., AGED 25 YEARS, S/O. BABU, MANJADATH HOUSE, KUTTOOR P.O.,PAMBOOR. BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENTS: RESPONDENTS & PETITIONERS 4 -11 IN WP(C): ----------------------------------------------------------------------------------------- 1. SOUTHERN RAILWAY REPRESENTED BY SENIOR DIVISIONAL COMMERCIAL MANAGER, COMMERCIAL BRANCH,THIRUVANANTHAPURAM DIST 2. THE STATION MASTER, SOUTHERN RAILWAY, THRISSUR RAILWAY STATION, THRISSUR. 3. SUPERINTENDENT, THRISSUR RAILWAY STATION, THRISSUR. 4. SHIHABUDHEEN T.S. AGED 25 YEARS, S/O.SULAIMAN, THAIPARAMBIL HOUSE, WADAKKANCHERRY, R.S. P.O.-680623. 5. SURUMON P.V., AGED 32 YEARS, S/O. VELAYUDHAN, PATTATH HOUSE, PATHIYARKULANGARA P.O., PARAPOOR (VIA), URAKAM, PIN-680 552. 6. RASHEED C.K., AGED 36 YEARS, S/O. KOYA, CHEMBRANNUR P.O., P.O. POOTHOLE, THRISSUR. 7. NISANTH A.C., AGED 21 YEARS, ACHINKARA HOUSE, S/O. CHANDRAN, R.S. WADAKKANCHERY (P.O). BY ADV. SRI.ALEXANDER THOMAS, SC,RAILWAYS SRI.S.K.MURALEEDHARAN KAIMAL, SC,RAILWA FOR R1 TO R3 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 01/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. ---------------------------------------- WA. No.1367 OF 2007 ---------------------------------------- Dated, the Ist day 0f December , 2009 JUDGMENT Ramachandran Nair, J. The Writ Appeal was placed in the defect list for want of service to respondents 4 to 11. However, when it was posted today, we heard the counsel appearing for the appellants and have gone through the judgment of the learned Single Judge. We do not find any ground to interfere with the judgment because what the Single Judge has stated is that the Southern Railway authorities are free to select Porters in accordance with the procedure and norms prescribed. The appellants' case is that they were appointed by the Station Manager and since they are licensed Porters, they are entitled to continue on regular basis. However, it is the admitted position that selection of the petitioners are made WA 1367/07 -:2:- without following the procedure prescribed by Railway authorities and that is the reason why they ordered cancellation of selection of the petitioners. In fact, the petitioners are also free to participate in the selection process as and when fresh selection is made and probably the experience they have gained will help them for weightage over others in the selection. The Writ appeal is dismissed with the above observation. C.N.RAMACHANDRAN NAIR JUDGE V.K.MOHANAN, JUDGE kvm/- WA 1367/07 -:3:- V.K.MOHANAN, J. O.P.No. JUDGMENT Dated:..