IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 9088 of 2006(S) ------------------------- OA.403/2005 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONERS: --------------- 1. RAJENDRA BABU S.,S/O.SREEDHARAN, 1ST CLASS COACH ATTENDANT, CHIEF TRAVELLING TICKET INSPECTOR (CTTI), (SLEEPER) OFFICE, SOUTHERN RAILWAY, TRIVANDRUM CENTRAL, RESIDING AT KATTIL VEEDU,VENNI CODE P.O., TRIVANDRUM (DISTRICT). 2. C.JAYARAMAN, S/O.R.CHELLAPPAN ASAN, 1ST CLASS COACH ATTENDANT (TTA), (SLEEPER) OFFICE SOUTHERN RAILWAY, RESIDING AT RAILWAY QUARTERS NO.91-A, OPPOSITE POLICE STATION, THAMPANOOR, TRIVANDRUM-695 OO1. BY ADV. SRI.P.V.MOHANAN RESPONDENTS: --------------- 1. SENIOR DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, DIVISIONAL OFFICE, THYCAUD, TRIVANDRUM. 2. THE CHIEF PERSONNEL OFFICER, PARK TOWER, CHENNAI. ADV. SMT.A.RAJESWARI, SC, RAILWAYS FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/04/2009, THE COURT ON 08/04/2009 DELIVERED THE FOLLOWING: WP(C).No. 9088 of 2006 -2- I N D E X EXHIBIT-P1: TRUE COPY OF ORDER IN O.A NO.403 OF 2005 DATED 25.1.2006 EXHIBIT-P2: TRUE COPY OF ORIGINAL APPLICATION DATED 3.6.2005 EXHIBIT-P3: REPLY STATEMENT FILED BY THE RESPONDENT DATED 20.7.2005 EXHIBIT-P4: REJOINDER FILED BY THE PETITIONERS DATED 22.8.2005 EXHIBIT-P5: ADDITIONAL REPLY STATEMENT FILED BY THE RESPONDENTS DATED 2.11.2005 EXHIBIT-P6: ADDITIONAL REJOINDER FILED BY THE APPLICANTS WITHOUT DOCUMENTS DATED 18.11.2005 /TRUE COPY/ P.A TO JUDGE K.BALAKRISHNAN NAIR & M.L.JOSEPH FRANCIS, JJ. ========================================= W.P.(C).No.9088 of 2006 - S =============================== Dated this the 8th day of April, 2009. J U D G M E N T Balakrishnan Nair, J. The writ petitioners are the applicants in O.A.NO.403/2005. Respondents were the respondents in that O.A. The brief facts of the case are the following: The applicants joined in the operating wing of the Railways as casual labourers in 1969. Soon thereafter in 1969 itself, they were granted temporary status. Still later, they were promoted as porters in 1976. While so, petitioners submit that they were made to work as clerks in the commercial department of the Railways. Later, they were posted as First Class Coach Attendant, which is a post in the commercial wing, in 1983 and 1988 respectively. The scale of pay for the post of First Class Coach Attendant was Rs.2650-4000. The said post's promotion posts were Ticket Collector (Rs.3050-4590) and Senior Ticket Collector (Rs.4000-6000). On the basis of their lien in the post of porter, they were already promoted as Points Man Grade II/Gate Keeper Gr.II which was in the scale of pay Rs.2650-4000. It is a post in the operating wing, the promotion W.P.(C).No.9088 of 2006 - S 2 posts of which were Points Man Gr.I/Gate Keeper Gr.I (Rs.3050- 4590), Shunting Jamedar (Rs.4000-6000) etc. The petitioners were promoted as Points Man Gr.I on 21.02.2003. They relinguished their promotion for one year so that they could continue as First Class Coach Attendant. Though their relinguishment was accepted, later they were posted as Points Man Gr.II in January, 2004. Challenging that order they approached the CAT by filing O.A.No.216/2004. Though there was initially stay against the transfer, finally the Tribunal dismissed the O.A. on 24.6.2004. The petitioners filed W.P.(C). N0.21654/2004 challenging the said order of the CAT. During the pendency of the writ petition, the respondents submitted before this Court that the writ petitioners would soon be promoted as Points Man Gr.I. In view of the said submission, the writ petition was closed on 4.8.2004. The petitioners submit that though they were promoted as Points Man Gr.I on 9.8.2004, still they were retained as First Class Coach Attendant. While so, as a result of restructuring introduced by the administration their promotion to the cadre of Points Man Gr.I was given retrospective effect from 1.11.2003. While so, they were W.P.(C).No.9088 of 2006 - S 3 transferred by Annexure 4 order dated 14.02.2005 produced along with Ext.P2 in the writ petition as Senior Gate Keepers at Cheppad and Haripad respectively. Challenging that order the O.A. was filed. The respondents contended that petitioners' lien was always in the operating wing. The post of First Class Coach Attendant is an ex-cadre post. In exigencies of service, though they were promoted as Points Man Gr.II/Gate Keeper Gr.II, they were being allowed to work in the ex-cadre post. They have never been appointed in accordance with law in any post in the commercial department of the Railways. 2. After hearing both sides, the Tribunal dismissed the O.A by Ext.P1. Challenging Ext.P1 this writ petition is filed. The learned counsel for the writ petitioner Sr.P.V.Mohanan submitted that they have been working in the commercial wing from 1983 and 1988 onwards uninterruptedly and so it should be deemed that they acquired lien in that wing and therefore they should be considered for further promotion in the commercial wing. Therefore, posting of them in operating wing as was done under Annexure 4 is unsustainable. We find that the above contention of the learned counsel for the writ petitioners is plainly untenable. W.P.(C).No.9088 of 2006 - S 4 By some process known to law, they should be first appointed to a cadre post in the commercial wing, then only they will get a lien there. Going by the facts disclosed we find that they have not been so appointed, but they were allowed to work in the post of First Class Coach Attendant which is an ex-cadre post. Therefore, we find nothing wrong in the Railways' posting them as Gate Keeper Gr.I. It is their substantive post in which they have a lien and they have to go, subject to the usual norms regarding transfer, wherever they are posted. So, the challenge against Ext.P1 is devoid of any merit and accordingly, the writ petition is dismissed. But we make it clear that the direction issued by the CAT in paragraph 10 of Ext.P1 will not be affected by this judgment. K.BALAKRISHNAN NAIR, JUDGE. M.L.JOSEPH FRANCIS, JUDGE. bkn/-