IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 31ST JANUARY 2008 / 11TH MAGHA 1929 WP(C).No. 25628 of 2006(S) --------------------------------------- (OA.761/2003 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH) .................... PETITIONERS: --------------------- 1. UNION OF INDIA, REP.BY THE GENERAL MANAGER, SOUTHERN RAILWAY, PARK TOWN.P.O., MADRAS - 600 003. 2. DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM - 695 014. BY ADV. SRI.VARGHESE P.THOMAS, SR.SC,RAILWAYS. RESPONDENT: ---------------------- S.LUCAS, S/O.SUSAI ANTONY, ASSISTANT STATION MASTER, SOUTHERN RAILWAY, KANYAKUMARI, RESIDING AT HOUSE NO.222, 3RD CROSS STREET, CARME, MOUNT ROAD, KANNAPPA NAGAR COLONY, NAGERCOIL, TAMIL NADU STATE. BY ADV. SRI.M.P.VARKEY, SRI.MARTIN G.THOTTAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/01/2008,ALONG WITH W.P.(C). NOS. 22152/2007,2014/2007 & 32057/2006,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.25628/2006-S: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE O.A. NO. 761/2003 FILED BEFORE THE HONOURABLE CENTRAL ADMINISTRATIVE TRIBUNAL/ ERNAKULAM BENCH. EXT.P.2: COPY OF THE REPLY STATEMENT DTD. 26TH MARCH 2004 IN O.A. NO. 623/2004. EXT.P.3: COPY OF THE ORDER OF THE HONOURABLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH DTD. 22/03/2006 IN O.A. NO. 761/2003. RESPONDENT'S EXHIBIT: EXT.R1.A: COPY OF THE RAILWAY BOARD ORDER BEARING NO. F(E)II 2003/FOP/I/MISC. DTD. 17/04/07 ALONG WITH ENCLOSURES. //TRUE COPY// prv. K. BALAKRISHNAN NAIR & P.N. RAVINDRAN, JJ. --------------------------------------------------------------- W.P.(C).NOS. 25628 OF 2006, 32057 OF 2006, 2014 OF 2007 & 22152 OF 2007 -------------------------------------------------------------- Dated this the 31st day of January, 2008. JUDGMENT Balakrishnan Nair, J: The writ petitioners, who are the official respondents before the Central Administrative Tribunal, have approached this Court challenging the direction of the C.A.T to grant protection of pay to inter divisional transferrees, who were reverted from a higher post for the purpose of transfer. The competent authorities of the Railways having rejected the claim of the incumbents, they approached the C.A.T. The C.A.T by the orders impugned in these writ petitions, granted the prayer of the applicants. Now it is common case that such transferrees are entitled to get pay protection in view of Ext.R1(a) order dated 17.4.2007 read with Ext.R1(b) order dated 14.2.2006. Therefore, it is declared that the claim of the applicants for protection of their pay on inter divisional transfer will be governed by those orders. WPC.NO.25628/06 & CON.CASES . 2 Making this declaration, these writ petitions are disposed of. K. BALAKRISHNAN NAIR , JUDGE P.N. RAVINDRAN, JUDGE. cl