IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 WP(C).No. 2953 of 2005(B) ------------------------- PETITIONER(S): --------------- N.BAHULEYAN UNNI, S/O.LATE NEELAKANTAN, AGED 47, EMPLOYED AS RECORD SORTER, DIVISIONAL SECURITY COMMISSIONER, SOUTHERN RAILWAY, THIRUVANANTHAPURAM, RESIDING AT RAILWAY QUARTERS NO.93 B, POOJAPPURAM, THIRUVANANTHAPURAM. BY ADV. SRI.R.S.KALKURA RESPONDENT(S): --------------- 1. UNION OF INDIA, REP. BY THE SECRETARY, GOVERNMENT OF INDIA, MINISTRY OF RAILWAYS, RAILWAY BOARD, NEW DELHI. 2. GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI. 3. CHIEF SECURITY COMMISSIONER, SOUTHERN RAILWAY, CHENNAI. 4. THE PERSONAL OFFICER, SOUTHERN RAILWAY, CHENNAI. 5. DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY, DIVISIONAL OFFICE, TRIVANDRUM DIVISION, TRIVANDRUM. ADV. SRI.ALEXANDER THOMAS, SC,RAILWAYS FOR R1 TO 5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.2953/2005 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF COMMUNICATION NO.P(S.XI/VOL.IV) DATED 18/05/1994. P2 : COPY OF ORDER NO.X/P-535/MIN/X.14 DATED 30/09/94. P3 : COPY OF ORDER NO.2/49/P9 DATED 12/1/1999. P4 : COPY OF JUDGMENT DATED 18/12/2003 IN O.P.NO.27626/2000. P5 : COPY OF REPRESENTATION DATED 23/10/2001. P6 : COPY OF REPRESENTATION DATED 09/10/2003. RESPONDENT'S EXHIBITS R1(a) : COPY OF PROCEEDINGS DATED 30/06/2000 OF THE MINISTRY OF RAILWAYS (RAILWAY BOARD). //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.2953 of 2005 (B) --------------------------------- Dated, this the 28th day of July, 2010 J U D G M E N T Petitioner initially was a member of the Railway Protection Force. He was subsequently invalidated from service on medical grounds and was absorbed as a Peon. His contention is that he ought to be appointed as Office Clerk. 2. The respondents have raised a plea that the writ petition is not maintainable and the remedy of the petitioner is to approach the Central Administrative Tribunal. Being a member of the ministerial staff in the Railway and as his claim is essentially for a category change to that of Office Clerk, I am inclined to agree with the respondents. Therefore, this writ petition is closed leaving open the remedies that are available to the petitioner. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg