IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 WP(C).No. 30952 of 2009(S) ------------------------------------ OA.225/2008 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER(S): ---------------------- 1. UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY PARK TOWN P.O. CHENNAI 600 003. 2. THE DIVISIONAL RAILWAY MANAGER SOUTHERN RAILWAY PALAKKAD DIVISION, PALAKKAD. 3. THE SENIOR DIVISIONAL PERSONNEL OFFICER SOUTHRN RAILWAY PALAKKAD DIVISION, PALAKKAD. BY ADV. MR.T.P.M.IBRAHIM KHAN,SR.SC, RAILWAYS RESPONDENT(S): ------------------------- 1. J.VICTOR IMMANVEL, S/O. LATE JAGATHIS AZARIAH, PEON, WORKS BRANCH DIVISIONAL OFFICE, SOUTHERN RAILWAY SALEM, RESIDING AT L2/62 HOUSING UNIT RAILAR NAGAR, MADURAI. 2. P.V.ASOKAN, S/O. VELAYUDHAN, LASCAR WORKS BRANCH, DIVISIONAL OFFICE SOUTHERN RAILWAY PALAKKAD, RESIDING AT SHRI CHITHRA PARHIRI NAGAR DHONI PALAKKAD. 3. MAGDALENE FERNANDEZ, D/O. JOSEPH, RECORD SORTER, O.O. SENIOR DIVISIONAL ELECTRICAL ENGINEER SOUTHERN RAILWAY PALAKKAD RESIDING AT QUARTER NO.630F SOUTH COLONY HEMAMBIKA NAGAR PALAKKAD. 4. C.SOBHANA W/O. BALAN NAIR RECORD SORTER, GENERAL BRANCH DIVISIONAL OFFICE SOUTHERN RAILWAY PALAKKAD RESIDING AST CHITHRAM, NEAR POLICE STATION, KALLEKULANGARA, PALAKKAD. R1 TO R4 BY ADV. MR.T.A.RAJAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.30952/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORIGINAL APPLICATION NO.225/08 ALONG WITH ITS ANNEXURE FILED BY THE RESPONDENT/APPLICANT BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. P2:- COPY OF THE REPLY STATEMENT FILED BY THE PETTIIONERS/RESPONDENT IN ORIGINAL APPLICATION NO.225/08 BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.. P3:- COPY OF THE REJOINDER STATEMENT FILED BY THE RESPONDENTS/PETITIONER IN ORIGINAL APPLICATION NO.225/08 BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. P4:- COPY OF THE ADDITIONAL REPLY STATEMENT FILED BY THE PETITIONERS/RESPONDENT IN ORIGINAL APPLICATION NO.225/08 BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. P5:- COPY OF THE ORDER DTD. 28.7.09 PASSED BY THE LEARNED CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH IN ORIGINAL APPLICATION NO.225/08. TRUE COPY P.A. TO JUDGE tss THOTTATHIL B.RADHAKRISHNAN & P.S.GOPINATHAN, JJ. ------------------------------------------- W.P(C).No.30952 OF 2009 ------------------------------------------- Dated this the 17th day of February, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. Learned Assistant Solicitor General submits on behalf of the writ petitioners that moderation, though could be granted in terms of the manual only before decoding, the establishment has decided to give moderation equally to all the applicants who had appeared for the examination and the selection will be on the basis of a merit list settled by providing such moderation marks. This is recorded. We are satisfied that the aforesaid would do complete justice to the parties. Hence it is directed that the impugned decision of the Central Administrative Tribunal would stand modified as above. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.S.GOPINATHAN, Judge. kkb.20/02.