IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 18TH JUNE 2010 / 28TH JYAISTHA 1932 WP(C).NO. 17724 OF 2010(S) -------------------------- {OA.590/2003 OF THE CHIEF JUDL.MAGISTRATE, ERNAKULAM} .................... 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, PALAKKAD DIVISION, PALAKKAD. 3. THE SR.DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, PALAKKAD DIVISION, PALAKKAD. BY ADV. SRI.TPM.IBRAHIM KHAN, SENIOR PANEL COUNSEL RESPONDENT(S): --------------- 1. K.K.SURENDRAN (DIED),"ATHIRA NIVAS", NEAR MARIAMMAN KOVIL STREET, GRAMMAM ROAD, VADAKKANCHERY P.O., PALAKKAD. 2. SOBHA SURENDRAN, WIFE OF LATE K.K.SURENDRAN, "ATHIRA NIVAS", NEAR MARIAMMAN KOVIL STREET, GRAMMAM ROAD, VADAKKANCHERY P.O., PALAKKAD. 3. S.ARAVIND, SON OF LATE K.K.SURENDRAN, "ATHIRA NIVAS",NEAR MARIAMMAN KOVIL STREET, GRAMMAM ROAD,VADAKKANCHERY P.O., PALAKKAD. WP(C).NO. 17724 OF 2010 :: 2 :: 4. S.AKSHARA, D/O.LATE K.K.SURENDRAN, "ATHIRA NIVAS",NEAR MARIAMMAN KOVIL STREET, GRAMMAM ROAD,VADAKKANCHERY P.O., PALAKKAD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. --------------------------------------- W.P.(C).No.17724 of 2010 --------------------------------------- Dated this the 18th day of June, 2010 JUDGMENT THOTTATHIL B.RADHAKRISHNAN, J. The respondents are the legal representatives of late K.K.Surendran, who died while prosecuting O.A.No.590/03 from which this writ petition arises. 2. K.K.Surendran was working in a particular category in the Railways as Goods Guard (Stationary). Stated to be on grounds attributable to his ill-health, he was moved by the Railways, at his risk, to the category of TTE. The Railways have no case that he did not discharge the duties and responsibilities attached to the post of TTE. The plea taken by the Railways is that though he had discharged the duties as TTE and though that post carried a scale of pay of Rs.1400-2300, W.P.(C).No.17724 of 2010 :: 2 :: he was eligible to draw pay only in the scale of pay of Rs.1200-2040, which the scale of Goods Guard. This argument is only to be rejected. The incumbent had served the Railways as a TTE and, whatever be reason of his being listed as a TTE, the Railways did not have a case that the incumbent did not work as a TTE. Therefore, we do not find any circumstance to invoke the authority under Article 227 of the Constitution of India. No only that, the impugned order issued by the Central Administrative Tribunal on 14.7.2009 and the beneficiaries of the order are the legal representatives. Now, it is only after one year that the Railways have come up challenging the same order. W.P.(C).No.17724 of 2010 :: 3 :: Writ petition fails and it is dismissed. Sd/- (THOTTATHIL B.RADHAKRISHNAN) JUDGE Sd/- (S.S.SATHEESACHANDRAN) JUDGE sk/ //true copy// P.S. to Judge.