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 6TH OCTOBER 2008 / 14TH ASWINA 1930 WP(C).No. 29243 of 2008(S) -------------------------- OA.231/2006 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER: --------------- K.PANKAJAKSHAN, HS-I (ELECTRICAL FITTER), SOUTHERN RAILWAY, THIRUVANANTHAPURAM. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: --------------- 1. UNION GOVERNMENT OF INDIA, REPRESENTED BY ITS SECRETARY TO RAILWAY MINISTRY, NEW DELHI. 2. THE DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY, THIRUVANANTHAPURAM. 3. THE DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, THIRUVANANTHAPURAM. 4. CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. ADV. SRI. N.B. SUNIL NATH, SC, RAILWAY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.C.HARI RANI, J J. ------------------------- W.P.(C.) No.29243 of 2008 --------------------------------- Dated, this the 6th day of October, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner, who was the applicant in O.A.No.231/2006 before the CAT is the writ petitioner. He is working as Highly Skilled-I Electrical Fitter under the respondents. He filed the above O.A. challenging Anenxure A13 order and also seeking a declaration that he is eligible to be promoted to the post of Senior Technician with effect from the date of promotion of Shri.R.Chami, who was junior to the petitioner as per Annexure A9 seniority list. Annexure A13 is a communication by which his representation dated 28/09/2004 claiming promotion with retrospective effect as Senior Technician from the date of promotion of Shri.R.Chami was rejected in compliance with the order of the Central Administrative Tribunal in O.A.No.511/2005. The petitioner claims promotion as HS-I with effect from 01/01/1984, the date on which his junior Shri.R.Chami was promoted. WP(C) No.29243/2008 -2- 2. The respondents submitted that though the petitioner was trade tested for the post of HS-I & HS-II in 1991, he cleared only the test for HS-II, so he was promoted as HS-II with retrospective effect from 01/01/1984 by order dated 14/05/1991. But his junior, Shri.R.Chami, had already passed HS-I trade test on 01/01/1984 itself and he was promoted to that post from that date. The applicant did not challenge his promotion to the Post of HS-II from that date and his non-promotion to HS-I from the said date. The petitioner claims that pursuant to the direction of the Tribunal in K-498/87 dated 19/10/1989 he was not called for the trade test for promotion to the post of HS-I. But, the respondents asserted that he was trade tested for promotion as HS-I, but he failed in the test. It was a disputed question of fact. The Tribunal has chosen to accept the version of the respondents. Therefore, the Tribunal found that the petitioner could not be promoted as HS-I with effect from 01/01/1984, the date Mr.R.Chami was promoted, who already cleared the concerned trade test as on that date. Thus on merits also, the Tribunal found against the petitioner. WP(C) No.29243/2008 -3- 3. Further it was also noticed that the claim of the applicant regarding his non-promotion in 1984 is a stale claim, which was barred by limitation. So, on the above grounds, petitioner’s claim was rejected by the Central Administrative Tribunal. We, fully endorse the reasons and conclusions of the Tribunal. The petitioner’s non-promotion in 1991 with effect from 01/01/1984 to the grade of HS-I cannot be challenged by him after the lapse of about two decades. Further, the non- promotion was because of his failure to clear the trade test. In view of the above position, the writ petition fails and it is, accordingly, dismissed. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) Jg