IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 WP(C).No. 26784 of 2004(S) -------------------------- OA..679/2001 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONERS: -------------------- 1. UNION OF INDIA REP.BY THE GENERAL MANAGER, SOUTHERN RAILWAY, HEAD QUARTERS OFFICE, PARK TOWN P.O., CHENNAI-3. 2. SENIOR DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM -14. 3. EXECUTIVE ENGINEER, CONSTRUCTION, SOUTHERN RAILWAY, ERNAKULAM JUNCTION, ERNAKULAM. 4. CHIEF ENGINEER, CONSTRUCTION, SOUTHERN RAILWAY, EGMORE, CHENNAI-8. BY ADV. SRI.K.P.DANDAPANI (SR.) RESPONDENTS: ---------------------- RAMACHANDRAN NAIR, MATE, SOUTHERN RAILWAY, O/O. THE DEPOT STORE KEEPER, CONSTRUCTION, ERNAKULAM. BY ADV. SRI.T.C.GOVINDA SWAMY SMT.D.HEERA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA.No.13481/2004 IN WP(C) NO.26784/2004-S. DISMISSED. Sd/- C.N.Ramachandran Nair, Judge. 28.1.2008. Sd/- T.R.Ramachandran Nair, Judge. APPENDIX Petitioners' Exhibits:- P1: Copy of the Original Application No.679/2001 filed by the respondent before the Central Administrative Tribunal, dtd.31.7.2001. P2: Copy of the reply statement by the petitioners before the CAT, Ernakulam in OA.NO.679/2001 Dtd. /11/2001. P3: Copy of the rejoinder filed by the respondent in OA.No.679/2001 dtd.2.8.2003 before the CAT, Ernakulam. P4: Copy of the Additional Reply statement filed by the petitioners in OA.No.679/01 dated 26.9.2003 before the CAT, Ernakulam. P5: Copy of the order of the Tribunal in OA.No.679/01 dtd.5.2.2004. Respondent's Exhibits:- Nil. ( true copy ) PA to Judge. kvs/- C.N.RAMACHANDRAN NAIR & T.R.RAMACHANDRAN NAIR, JJ. ========================= W.P.(C).No. 26784 of 2004-S. ========================= Dated this the 28th day of January, 2008. C.N.Ramachandran Nair, J. J U D G M E N T This writ petition is filed by the Railways challenging Ext.P5 order of the Central Administrative Tribunal allowing OA filed by the first respondent. The first respondent was initially engaged as Artisan Casual Labourer in the year 1974 and then promoted as Gangman, who was given the temporary status as an employee in the year 1981 and later promoted as Mistry on 4.2.1993 in the scale of pay of Rs.4000 – 6000/-. However, from the said post which was a regular employment, he was brought under a lower pay of Rs.2610 – 3540/- and was retained as a Gangman in the lower scale. The first respondent filed W.P.(C).No. 26784 of 2004-S. 2 OA.No.1600/1997 challenging the reduction of pay and for regularisation of his appointment. This was allowed by the Central Administrative Tribunal and has become final. However, during the pendency of the OA., the first respondent suffered an accident on 30.4.1998 which resulted in amputation of both his legs. Even though the Railways de-categorised the first respondent and gave him a posting which is the same that he was doing before the accident, his pay was again reduced. In other words, the benefit of order in OA.No.1600/1997 was declined to the first respondent. Therefore, the first respondent filed another OA. before the CAT which was allowed vide Ext.P5 order. 2. We have heard counsel appearing for the petitioners and the counsel for the respondent and gone through the impugned order of the CAT also. 3. We are in complete agreement with the order of the CAT that the Railways are not justified in refusing the pay of the respondent on his disability as the Tribunal had already restored his original pay of Rs.4000-6000 vide order in OA.No.1600/2007. Therefore, we find no W.P.(C).No. 26784 of 2004-S. 3 ground to interfere with the order of the CAT. The Writ Petition is therefore dismissed. C.N.RAMACHANDRAN NAIR, JUDGE. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/-