IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 WP(C).No. 15627 of 2006(Y) -------------------------- OA.626/2004 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER(S): --------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, RAILWAY BOARD, RAIL BHAVAN, NEW DELHI-110 001. 2. DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM-695 014. 3. DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM-695 014. BY ADV. SRI.M.C.CHERIAN,SR.SC.,RAILWAYS RESPONDENT(S): --------------- P.K. GOPALAKRISHNAN, RETIRED CARRIAGE & WAGON FITTER OF SOUTHERN RAILWAY, RESIDING AT `SREENIVAS', ACHARIPARAMBIL, CHALIKAVATTOM, VENNALA P.O., KOCHI-682 028. ADV. SRI.K.A.ABRAHAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXHIBITS: Ext.P1: True copy of a brief description of the provisions and history regarding “temporary status” for CLs in Railways. Ext.P2: True copy of OA No.626/2004 filed before the Hon'ble Central Administrative Tribunal/Ernakulam Bench dated 28.7.2004. Ext.P3: True extract of Chapter XXV of the Indian Railway Establishment Manual (1968 Edition) dealing with casual labourers. Ext.P4: True copy of Chapter XX of the Indian Railway Establishment Manual (1990 Edition) dealing withdrawal casual labourers. Ext.P5: True copy of the Reply Statement dated 22nd February, 2005 in O.A. No. 6626/2004. Ext.P6: True copy of the Rejoinder dt. 1st September, 2005 filed by the applicant in OA No. 626/2004. Ext.P7: True copy of the common order of the Hon'ble Central Administrative Tribunal dated 28.11.2005 in OA No. 626/2004 & other OAs. RESPONDENT'S EXHIBITS: NIL KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P.(C) NO. 15627 OF 2006 --------------------------------------------- Dated this the 26th day of August, 2009 JUDGMENT Kurian Joseph, J. This Writ Petition is filed by the respondents in O.A. No.626 of 2004 of the Central Administrative Tribunal, Ernakulam Bench. The issue pertains to the counting of casual labour service, after acquiring temporary status as qualifying service, for computation of pensionary benefits. The issue is covered against the appellants by the common judgment dated 24.7.2009 in W.P.(C) No. 11027 of 2006 and connected matters. It is also noted in the said judgment that the order in O.A. No. 689 of 2002 of the Central Administrative Tribunal had become final. Therefore, this Writ Petition is dismissed. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ 2 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO.15627/2006 JUDGMENT 26th August, 2009