IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 WP(C).No. 7622 of 2008(S) ------------------------- OA.537/2006 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER: ------------ 1. DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM - 695 014. 2. GENERAL MANAGER, SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK TOWN P.O. CHENNAI - 600 003. 3. UNION OF INDIA, REPRESENTED BY THE CHAIRMAN, RAILWAY BOARD, RAIL BHAVAN, NEW DELHI - 110 001. BY ADV. SRI.M.C.CHERIAN,SR.SC.,RAILWAYS RESPONDENTS: ------------- 1. T.C.JANAKI, W/O.GOPLAKRISHNA PILLAI, RETIRED SR.COL. GANG WOMAN, SOUTHERN RAILWAY, KOTTAYAM, RESIDING AT: MYLAKUTTUPARAMBU HOUSE, VALANCHIRA, KADUTHURUTHY P.O., KOTTAYAM. 2. P.T.JOSEPH, S/O.THOMAS, RETIRED WATCHMAN BRIDGE INSPECTOR'S OFFICE, SOUTHERN RAILWAY, QUILON, RESIDING AT: PAYYAMTHADATHIL HOUSE, APPANCHIRA, POOZHIKOL P.O., KADUTHURUTHY, KOTTAYAM. BY ADV. SRI.P.C.SEBASTIAN FOR R1 & R2 SRI.MARTIN G.THOTTAN FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF PAGE NOS.2, 3 & 4 OF THE SERVICE REGISTER OF THE 1ST RESPONDENT. EXT.P2: COPY OF PAGE NOS.2, 3 & 4 OF THE SERVICE REGISTER OF THE 2ND RESPONDENT. EXT.P3: COPY OF THE O.A.No.537/2006 FILED BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. EXT.P4: COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS IN O.A.No.537/2006. EXT.P5: COPY OF THE REJOINDER FILED BY THE APPLICANTS IN O.A.NO.537/2006. EXT.P6: COPY OF THE ADDITIONAL REPLY STATEMENT FILED BY THE RESPONDENTS IN O.A.No.537/2006. EXT.P7: COPY OF THE ORDER DATED 9.7.2007 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH IN O.A.No.537/2006. //TRUE COPY// PA TO JUDGE K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. --------------------------------------------------- W.P.(C) No.7622 OF 2008 ------------------------------------ Dated this the 10th day of June, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioners were the respondents in O.A.No.537/2006 before the CAT/Ernakulam Bench. The respondents herein were the applicants in that O.A. Both of them are retired employees. They claimed that 50% of the casual service rendered by them before their regularisation should also be reckoned for granting pensionary benefits. The dispute arose between them and the Railways as to the length of casual service to be reckoned. Applicants claimed the temporary service after six months of their date of entry into service should be taken into account. The Railways did not accede to that demand. Therefore, the matter was carried before the CAT. The original application was disposed of by the Tribunal by Ext.P7 order. In the case of the 1st respondent, CAT noticed that she joined the Railways as a casual employee while she was aged W.P.(C) No.7622/2008 2 only 15 years. She attained the age of majority only after three years. Therefore, it was ordered that her casual service shall be reckoned after completion of three years from the date of her entry in service. Going by her employment card, it is seen that after three years of her date of entry, she has been continuously working. Therefore, there cannot be any grievance for the Railways regarding that direction. But, in the case of the 2nd respondent, it is pointed out by the Railways that, he does not have continuous service for six months from the date of initial entry in service. Both sides jointly submitted that he has got continuous service only from 21.4.1969. Therefore, he can claim temporary status from 21.10.1969. So it is ordered that his casual service thereafter shall be computed and 50% of the same shall also be reckoned for granting terminal benefits. The writ petition is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps