IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WA.No. 1026 of 2007() --------------------- {IN WPC.6146/2007 OF THIS COURT} .................... APPELLANT(S): PETITIONER IN W.P.(C) ---------------------------------------------------------------- HARIMOHAN M.K., AGED 46 YEARS, S/O.ACHUTHAN NAIR, KUNNUMMAL HOUSE, P.O.CHEMANCHERI, PIN - 673 304, KOZHIKODE DISTRICT. BY ADV. SRI.P.K.IBRAHIM RESPONDENT(S): RESPONDENTS IN W.P(C) ---------------------------------------------------------------------- 1. THE DIVISIONAL COMMERCIAL MANAGER, SOUTHERN RAILWAY, DIVISIONAL OFFICE, COMMERCIAL BRANCH, PALAKKAD. 2. SMT.MASHOOTHA P.K., " YAMUNA", THIRUVANGOOR P.O., PIN - 673 318, KOZHIKODE DISTRICT. R1 BY ADV. SRI.ALEXANDER THOMAS, SC-RAILWAYS R2 BY ADV.SRI.V.V.SURENDRAN THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY, Ag.C.J. & V.GIRI, J. ------------------------- W.A.No.1026 of 2007 ------------------------- Dated this the 23th day of January, 2009. JUDGMENT Koshy, Ag.C.J. The petitioner's father died in an accident while he was carrying out his duties with the railways, and while he was in service. The petitioner's sister was then given a job of a Halting agent. When fresh applications were invited, the petitioner applied and he was found suitable in 1992. He was the Halting agent at Chemancheri. Ext.R1(a) circular of the Railway Board contained instructions and total outer limit for a Halting Agent is 15 years. Since the petitioner completed maximum 15 years on 6.2.2007, fresh appointment has to be made and vide Ext.R1(b) circular when fresh applications were invited three applications were received and since all of them were eligible candidates, selection had to be made by drawal of lots, and selection was made by lot. Advise memo was issued. Lot was taken in the presence of applicants and members of the selection W.A.NO.1026/07 :: 2 :: committee. The 2nd respondent was selected. On the basis of the selection, the 2nd respondent was appointed as Halting agent. The learned singe Judge, who considered the matter, found that there was no violation of the circular and guidelines of the railways. We see no ground to interfere with the impugned judgment. Now it is submitted that he has some unused tickets as well as some furniture left in the place. He can apply to the 1st respondent for taking over the said articles and if such an application is filed, that should be considered and appropriate orders should be passed. Writ appeal is disposed of accordingly. Sd/- (J.B. KOSHY) ACTING CHIEF JUSTICE Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge