IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 WP(C).No. 19619 of 2006(S) -------------------------- OA.550/2005 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER(S): --------------- C.K.MANOHARAN, TECHNICIAN GRADE III, O/O. THE SENIOR SECTION ENGINEER, TRACTION DISTRIBUTION, CHALAKKUDY RAILWAY STATION, CHALAKKUDY. BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SRI.T.RAMPRASAD UNNI SRI.BENOY RAM.V. RESPONDENT(S): --------------- 1. THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH, REPRESENTED BY ITS REGISTRAR. 2. S.VIJAYAKUMARAN NAIR, JUNIOR CLERK (ADHOC), PERSONNEL BRANCH OF SOUTHERN RAILWAY DIVISIONAL OFFICE, TRIVANDRUM, RESIDING AT JYOTI BHAVAN, SHANTI NAGAR, SREEKARYAM, TRIVANDRUM-14. 3. P.G.HARIDAS, S/O. P.V.GOPALAN NAIR, JUNIOR CLERK, PERSONNEL BRANCH OF SOUTHERN RAILWAY, DIVISIONAL OFFICE, TRIVANDRUM, RESIDING AT NO.789-E, RAILWAY QUARTERS, POOJAPURA, TRIVANDRUM. 4. UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, HEAD QUARTER OFFICE, PARK TOWN P.O., CHENNAI. 5. THE DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM-14. 6. THE SENIOR DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, DIVISIONAL OFFICE, TRIVANDRUM. 7. THE SENIOR DIVISIONAL ELECTRICAL ENGINEER, SOUTHERN RAILWAY DIVISIONAL OFFICE, TRIVANDRUM-14. 8. THE DIVISIONAL ELECTRICAL ENGINEER, TRACTION DISTRIBUTION, SOUTHERN RAILWAY DIVISIONAL OFFICE, TRIVANDRUM. 9. SENIOR SECTION ENGINEER/PERMANENT WAY SOUTHERN RAILWAY, CHALAKUDY RAILWAY STATION, CHALAKUDY. 10. THE CHIEF PERSONNEL OFFICER, SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK TOWN P.O., CHENNAI-3. ADV. SMT.M.R.SREELETHA, SC, RAILWAYS FOR R4TO 10 SRI.T.C.GOVINDA SWAMY FOR R2,R3 SMT.D.HEERA FOR R2,R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 7.8.2009 , THE COURT ON 07/08/2009 DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. ```````````````````````````````````````````````````` W.P.(C) No. 19619 OF 2006 ```````````````````````````````````````````````````` Dated this the 7th day of August, 2009 J U D G M E N T Balakrishnan Nair, J. The writ petitioner was the 7th respondent in O.A.No.550/05 and also 562/05 before the Central Administrative Tribunal, Ernakulam Bench. Those original applications were filed challenging the order of the 6th respondent herein absorbing the petitioner, who was working as a Technician Grade-III in the scale of pay of Rs.3050 - 4950 as office clerk in the same scale of pay in the cadre of Personnel branch. The existing clerks working in the Personnel branch moved the aforementioned O.As. before the CAT, which were eventually allowed by Ext.P4 common order of the CAT dated 14.2.2005. Feeling aggrieved by the order of the CAT, this writ petition was filed. During the pendency of the writ petition, the petitioner has been posted as junior Clerk in the scale of pay of Rs.3050 - 4950 in Electrical department and posted to Ernakulam. The petitioner is satisfied with the said posting but he has a grievance that he has not been assigned proper seniority in WPC.19619/06 : 2 : the cadre of junior Clerk in Electrical department. If that be so, it is a fresh cause of action. The rights, if any, of the petitioner to pursue his claim for seniority are left open. Subject to the same, this writ petition is closed as infructuous. Sd/- (K.BALAKRISHNAN NAIR, JUDGE) Sd/- (C.T.RAVIKUMAR, JUDGE) aks // True Copy // P.A. to Judge