IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 RP.No. 818 of 2011(Z) --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.35559/2009 Dated 08/08/2011 ARISING FROM OA.742/2007 of CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH .................... REVIEW PETITIONER(S): / PETITIONERS / RESPONDENTS IN O.A. ---------------------- 1. UNION OF INDIA,REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY , HEDQUARTERS OFFICE, CHENNAI-3. 2. THE CHIEF PERSONNEL OFFICER, SOUTHERN RAILWAY, HEAD QUARTERS OFFICE, CHENNAI-3. 3. THE DISTRICT RAILWAY MANAGER, SOUTHERN RAILWAY,PALGHAT DIVISION,PALGHAT. 4. THE SR.DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY,PALGHAT DIVISION,PALGHAT. BY ADV. SRI.M.C.CHERIAN,SR.SC.,RAILWAYS RESPONDENT(S): / RESPONDENTS / APPLICANTS 1 & 3 IN O.A. --------------- 1. T.P.SOBHANA,D/O.T.P.NARAYANAN, SENIOR SWEEPER CUM PORTER,KANNUR SOUTH RAILWAY STATION,KANNUR DISTRICT,RESIDING AT 'PREM NIVAS', DEVI ROAD, PALLIKUNNU PO, KANNUR, PIN 670 004. 2. A.USHA,W/O.MADHU,SENIOR SWEEPER CUM PORTER, KUTTIPURAM RAILWAY STATION,KUTTIPURAM, RESIDING AT AREKATHU HOUSE, PERUMPILAVU PO, VIA KARIKKAD,TRICHUR DISTRICT, PIN - 680 519. MR.GEORGE MECHERIL, GOVERNMENT PLEADER THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 21/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.P.NO.818/2011 APPENDIX REVIEW PETITIONER'S EXHIBITS ANNEXURE-RAI : CERTIFIED COPY OF JUDGMENT DATED 08/08/2011 IN WP(C) NO.35559/2009. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... R.P.No.818 of 2011 in WP(C) No.35559 of 2009 .................................................................... Dated this the 21st day of November, 2011. O R D E R Ramachandran Nair, J. This Review Petition is filed against the common judgment disposing of two cases. However, the judgment sought to be reviewed is one rendered in WP(C) No.35559/2009. All what this Court has held is that for the purpose of promotion being given in Group C category, seniority in Group D has to be reckoned with reference to period of service in that cadre and not with reference to the actual pay scale drawn by the employees. 2. The review petitioners' case is that even if the judgment is implemented the respondents, viz. applicants in the O.A., will not get the seniority claimed by them. We have not considered the specific case of the respondents and all what this Court has held is only the principle, which is to the effect that seniority has to be taken based on length of service R.P.No.818/2011 in WP(C) No.35559/2009 2 in the cadre and not based on pay scale received by a person. If implementation of this judgment is not going to be beneficial to the respondents, that is not a ground to seek review of the judgment as there is no mistake in the judgment. We, accordingly, dismiss the Review Petition. (C.N.RAMACHANDRAN NAIR, JUDGE) (P.S.GOPINATHAN, JUDGE) jg