IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 WP(C).No. 12628 of 2009(S) -------------------------- OA.175/2009 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER(S): --------------- P.K.JEOTHIKUMAR, AGED 34 YEARS, S/O. G.KRISHNAN, STATION MASTER GR.III/VELLIYANI, KARUR DIST, RESIDING AT RAILWAY QUARTERS, VELLIYANI RS & PO KARUR DIST. TAMIL NADU. BY ADVS. SRI.T.C.GOVINDA SWAMY SRI.G.SHYAM RAJ SRIT.R.MOHANAKUMAR RESPONDENT(S): --------------- 1. UNION OF INDIA REP. BY THE GENERAL MANAGER, SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK TOWN.P.O., CHENNAI-3. 2. THE CHIEF PERSONNEL OFFICER,SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK TOWN.P.O., CHENNAI-3. 3. THE DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM-14. 4. THE SR. DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, PALGHAT DIVISION, PALGHAT. 5. THE SR. DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, SALEM DIVISION, SALEM. ADV. SRI.N.B.SUNIL NATH,SC, RAILWAYS FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: Ext.P1: A true copy of the seniority list of Station Masters Gr.III bearing No. J/P.612/VIII/Vol.X dated 27.2.2009 as published by the 4th respondent Sr. Divisional Personnel Officer, Southern Railway, Palghat Division. Ext.P2: A true copy office order bearing No.T.69/07 dated 27.11.07 issued by the 4th respondent. Ext.P3: A true copy of OA No. 175/09 dated 12th March, 2009 filed by the petitioner before the Hon'ble Tribunal. Ext.P4: A true copy of order dated 18th March, 2009 in OA No. 175/2009 rendered by the Hon'ble Central Administrative Tribunal, Ernakulam Bench. RESPONDENTS' EXHIBITS: NIL. K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P.(C) NO. 12628 OF 2009 --------------------------------------------- Dated this the 21st day of May, 2009 JUDGMENT Balakrishnan Nair, J. When the Writ Petition came up for admission, learned counsel for the writ petitioner submitted that now the petitioner has been relieved from Salem Division and he has already joined Palakkad Division. Therefore, undisputedly, the Central Administrative Tribunal, Ernakulam Bench has jurisdiction to deal with his grievance of non relieving him from Palakkad Division to join Thiruvananthapuram Division. In view of the said position, it is unnecessary to decide on the validity of Ext.P4 in this Writ Petition. The petitioner may file a fresh O.A., if he is not relieved from Palakkad Division to join Thiruvananthapuram Division as per Annexure A-1 order. If such an O.A. is filed, it is ordered that the findings in Ext.P4 order will not affect the contentions of the petitioner. W.P.(C)NO.12628/2009 2 The Writ Petition is disposed of as above. (K. BALAKRISHNAN NAIR) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C)NO.12628/2009 3 K.BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. W.P.(C) NO.12628/2009 JUDGMENT 21st May, 2009