IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 WP(C).No. 12680 of 2007(S) --------------------------------------- OA.677/2005 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER(S): ----------------------- 1. UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK TOWN P.O., CHENNAI-3. 2. THE DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY, PALGHAT DIVISION, PALGHAT. 3. THE SENIOR DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, PALGHAT DIVISION, PALGHAT. 4. THE SENIOR DIVISIONAL FINANCIAL MANAGER, SOUTHERN RAILWAY, PALGHAT DIVISION, PALGHAT. BY ADV. SRI.T.P.M.IBRAHIM KHAN,SR.SC, RAILWAYS RESPONDENT(S): --------------------------- G.BALAKRISHNAN, S/O.LATE GOPALAN, RETIRED WORKS MATE, OFFICE OF THE EXECUTIVE ENGINEER, SOUTHERN RAILWAY, CONSTRUCTION, TRIVANDRUM, RESIDING AT NO.T.C.34/1277, NEAR BAKTA BAVAN, OPPOSITE RAILWAY CABIN, SAW MILL ROAD, KOORKANCHERI P.O., TRICHUR-7. BY ADV. MR.T.C. GOVINDA SWAMY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/07/2010,ALONG WITH WPC NO. 11 OF 2008 AND CONNECTED CASES,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 12680/2007-S APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RELEVANT PORTION OF CHAPTER 25 OF RAILWAY ESTABLISHMENT MANUAL (1968 EDITION). EXT.P2: COPY OF THE CIRCULAR NO.P(RT)407/P/VOL.V DATED 4/6/05/1965 ISSUED BY THE GENERAL MANAGER SOUTHERN RAILSWAY. EXT.P3: COPY OF THE RAILWAY BOARD'S LETTER NO.PC-72/RLT/69-3 DATED 12/06/1974. EXT.P4: COPY OF THE RAILWAY BOARD'S LETTER NO.E(NG)II/84CL/41 DATED 11/09/1986. EXT.P5: COPY OF THE ORIGINAL APPLICATION FILED BY THE RESPONDENT/APPLICANT BEFORE THE HONOURABLE CENTRAL ADMINSTRATIVE TRIBUNAL ERNAKULAM BENCH IN OA NO.677/2005. EXT.P6: COPY OF THE REPLY STATEMENT FILED BY THE PETITIONERS BEFORE THE HONOURABLE CENTRAL ADMINSTRATIVE TRIBUNAL ERNAKULAM BENCH IN OA NO.677/2005. EXT.P7: COPY OF THE ORDER DATED 02/11/2006 IN ORIGINAL APPLICATION NO.677 OF 2004 PASSED BY THE CENTRAL ADMINSTRATIVE TRIBUNAL, ERNAKULAM BENCH. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. THOTTATHIL B.RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. ------------------------------------------- W.P(C).Nos.12680 OF 2007, W.P(C).Nos.11 & 27311 OF 2008, W.P(C).No.26795 OF 2009 AND 18944 OF 2010 ------------------------------------------- Dated this the 12th day of July, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. After hearing the learned counsel for Railways and the learned counsel for the respective applicant/respondent in these matters arising from different judgments of the Central administrative Tribunal, relating to the question of counting casual service for the purpose of pensionary benefit, we find that the issue is rightly pointed out as covered by different Bench decisions of this Court in favour of the applicants (respondents), including the judgments in W.P(C).33412/05, W.P(C). Nos.21602/05, 34831/05, 4085/07, 18337/07, 14967/08, 4107/09, WPC.12680/07 & con. cases 2 4603/09, O.P.Nos.6066/99 & 20772/99. Accordingly, these writ petitions are dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- S.S.SATHEESACHANDRAN, Judge. kkb.12/07.