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 26TH MAY 2008 / 5TH JYAISHTA 1930 WP(C).No. 11288 of 2008(S) -------------------------- AGAINST THE ORDER OA 275/2006 & OA.274/2006 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER: ------------ 1. UNION OF INDIA REPRESENTED BY THE SECRETARY, RAILWAY BOARD,RAIL BHAVAN,NEW DELHI. 2. GENERAL MANAGER SOUTHERN RAILWAY,CHENNAI-3 3. DIVISIONAL PERSONNEL OFFICER TRIVANDRUM DIVISION SOUTHERN RAILWAY, TRIVANDRUM. BY ADV. SRI.M.C.CHERIAN,SR.SC.,RAILWAYS RESPONDENTS: ------------- 1. V.SASIKALA, HEAD CLERK, NOW WORKING AS OFFICE SUPDT. GR.II (ADHOC) DPO'S OFFICE PERSONNEL BRANCH, SOUTHERN RAILWAY, TRIVADRUM. 2. P.SETHUMADHAVAN, HEAD CLERK, NOW WORKING AS OFFICE SUPDT. GR.II (ADHOC) SE/P.WAY, ALLEPPEY. SOUTHERN RAILWAY,TRIVANDRUM 3. V.S.PADMAVATHY,HEAD CLERK, PERSONNEL BRANCH, DIVISIONAL OFFICE SOUTHERN RAILWAY,TRIVANDRUM. 4. P.GANAPATHY, HEAD CLERK NOW WORKING AS OFFICE SUPDT,.GR.II (ADHOC) DP'S OFFICE, PERSONNEL BRANCH SOUTHERN RAILWAY TRIVANDRUM. W.P.(C)No. 11288/08 2 5. T.H. VIJAYAKUMARI, HEAD CLERK DPO/TVV NOW WORKING AT DEPUTY CHIEF ENGINEERS OFFICE ON DEPUTATION,SOUTHERN RAILWAY ERNAKULAM 6. GEORGE KURIAN,HEAD CLERK,NOW WORKING IN THE OFFICE OF THE SENIOR SECTION ENGINEER (P.WAY) ALWAYE, SOUTHERN RAILWAY TRIVANDRUM. 7. K.LATHA, ,HEAD CLERK, PERSONNEL BRANCH, DIVISIONAL OFFICE, SOUTHERN RAILWAY TRIVANDRUM. 8. K.SUDHALATHA, OFFICE SUPDT.GR.II PERSONNEL BRANCH, DIVISIONAL OFFICE, SOUTHERN RAILWAY TRIVANDRUM. 9. K.MURALEEDHARAN,OFFICE SUPDT.GR.II PERSONNEL BRANCH, DIVISIONAL OFFICE, SOUTHERN RAILWAY TRIVANDRUM. 10. SEBASTIAN GEORGE,OFFICE SUPDT.GR.II PERSONNEL BRANCH, DIVISIONAL OFFICE, SOUTHERN RAILWAY TRIVANDRUM. 11. SUJA ABRAHAM, HEAD CLERK DPO'S OFFICE,PERSONNEL BRANCH, DIVISIONAL OFFICE,SOUTHERN RAILWAY TRIVANDRUM. 12. K.R.ANITHA, HEAD CLERK DPO'S OFFICE,PERSONNEL BRANCH, DIVISIONAL OFFICE,SOUTHERN RAILWAY TRIVANDRUM. 13. D.OMANA,HEAD CLERK DPO'S OFFICE,PERSONNEL BRANCH, DIVISIONAL OFFICE,SOUTHERN RAILWAY TRIVANDRUM. 14. P.SUNIL, HEAD CLERK DPO'S OFFICE,PERSONNEL BRANCH, DIVISIONAL OFFICE,SOUTHERN RAILWAY TRIVANDRUM. 15. R.VELAYUDHA PRASAD,HEAD CLERK DPO'S OFFICE,PERSONNEL BRANCH, DIVISIONAL OFFICE,SOUTHERN RAILWAY TRIVANDRUM. 16. LEELA RAJAN, OFFICE SUPDT.GR.1 (ADHOC) PERSONNEL BRANCH, DIVISIONAL OFFICE, SOUTHERN RAILWAY TRIVANDRUM. 17. T.K.SUBHASHINI,OFFICE SUPDT.GR.1 PERSONNEL BRANCH, DIVISIONAL OFFICE, SOUTHERN RAILWAY TRIVANDRUM. BY ADV.SHRI K.A.ABRAHAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/05/2008, ALONG WITH W.P.(C)No.11311/08 AND 11633/08 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. -------------------------------------------------- W.P.(C)Nos.11288/08, 11311/08 & 11633/08 ----------------------------------------------------- DATED THIS THE 26th DAY OF MAY, 2008 J U D G M E N T Balakrishnan Nair, J. The point raised by the writ petitioners in these writ petitions is covered against them by the decision of this Court in W.P.C.No.8822/06. Following that judgment, this Court has already dismissed W.P.(C)Nos.7970/06, 8505/06, 13221/06, 13972/06, 20062/06, 16035/07, 17786/07 26765/07 and 26818/07. 2. Learned counsel for the petitioners pointed out before us some similar matters which were dismissed by other High Courts have been taken up before the Hon'ble Supreme Court. The writ petitioners pray, if the Supreme Court ultimately decides in their favour, they may be given liberty to apply the principles laid down by the Hon'ble Supreme Court in these cases also. 3. We heard learned counsel for the applicants before the CAT who are the respondents in these writ petitions. W.P.(C)No.11288/08 & Con. cases -2- Since the point raised by the writ petitioners is covered by the judgments of this Court which were rendered relying on certain decisions of the Apex Court, these writ petitions are also dismissed. If, ultimately, the very same point raised in these writ petitions is held in favour of the writ petitioners by the Apex Court, they are given liberty to make the said decision applicable in these cases also. But, it is clarified that this direction will not operate as a stay against the orders of the CAT impugned in these writ petitions, pending disposal of similar matters by the Apex Court. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn