IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 WP(C).No. 14967 of 2008(S) -------------------------- OA.273/2007 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER: ------------ 1. UNION OF INDIA REPRESENTED BY GENERAL MANAGER, SOUTHERN RAILWAY, HEAD QAUARTERS OFFICE, PARK TOWN-P.O., CHENNAI-3. 2. SENIOR DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM-14. 3. SENIOR DIVISIONAL FINANCE MANAGER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM-14. BY ADV. SRI.M.C.CHERIAN,SR.SC.,RAILWAYS RESPONDENTS: ---------------- S.DURAISWAMY, S/O.SUDALIMADAN, SR.GATE KEEPER (RETIRED) UNDER SECTION ENGINEER, PERMANENT WAY, SOUTHERN RAILWAY, NAGERCOIL. RESIDING AT:NEAR PAZHATHOTTAM, BALASUBRAMANIAPURAM KANYAKUMARI DIST.TAMILNADU. BY ADV. SRI.T.C.GOVINDASWAMY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.14967 OF 2008 ----------------------------------------------------- DATED THIS THE 9th DAY OF JUNE, 2008 J U D G M E N T Balakrishnan Nair, J. The respondents in O.A.No.273/07 are the writ petitioners. Applicant therein is the respondent. The respondent retired from service of the Railways on 31.1.2005 while working as a Senior Gate Keeper. His initial engagement in the Railways was as a casual worker on 25.5.1973. He continued as such upto 27.8.1980 and thereafter was absorbed as Gangman. He was regularised in that post and finally as stated earlier retired from the post of Senior Gate Keeper. The applicant's grievance was that 50% of the casual service rendered by him between 25.5.1973 to 27.8.1980 was not reckoned for grant of pensionary benefits. According to him 50% of that service was reckonable for that purpose. The said prayer having been rejected or not granted by the competent authority, the applicant approached the CAT. The CAT relying on an earlier decision of the Tribunal in O.A.No.238/07 allowed the application, overruling the objections of the Railways that the claim is highly belated and there is no reliable material produced to show the details of the casual service rendered by him and that the casual service rendered by him is in a project and therefore the same is not reckonable for any benefits. W.P.(C)No.14967/08 -2- 2. This writ petition is filed challenging the said decision of the CAT, a copy of which is produced as Exhibit P5. The point raised by the petitioner is covered by the decision of this Court in W.P.(C)No.33412/05 dated 3.12.2007. But learned Standing Counsel for the Railways submitted that there is a distinguishing feature in this case. It is pointed out that the genuineness of the card showing the details of the casual employment was disputed by the Railways. In the other case from which the above said writ petition arose, there was no such dispute, it is submitted. The Railways pointed out that the entries in the card were made at one stretch and therefore those entries are not genuine. But, we notice that the said aspect raised in the reply statement filed before the CAT has been met by the applicant by filing rejoinder. He submitted, he cannot be blamed, if the Controlling Officer makes the entries in one stretch. The said explanation was accepted by the CAT. We find, it is a plausible view taken on facts, with which, this Court cannot interfere. As the point raised by the petitioners is covered against them by the above said decision of this Court in W.P.(C).No.33412/05, this writ petition is also dismissed. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn