IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 WP(C).No. 4107 of 2009(S) ------------------------- OA.12/2008 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONERS: --------------- 1. UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK TOWN PO, CHENNAI 600 003 2. DIVISIONAL PERSONNEL OFFICER SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM 695 014. 3. SENIOR DIVISIONAL FINANCE MANAGER SOUTHERN RAILWAY, TRIVANDRUM DIVISION TRIVANDRUM 695 014. BY ADV. SRI.M.C.CHERIAN,SR.SC.,RAILWAYS RESPONDENT: --------------- P.RAMACHANDRAN, S/O.PADMANABHAN, RETIRED SR. VALVEMAN, OFFICE OF THE SECTION ENGINEER /WORKS, SOUTHERN RAILWAY, TRIVANDRUM RESIDING AT .T.C. 24/920. , METTUKKADA ROAD THYCAUD PO, TRIVANDRUM. ADV. T C GOVINDASWAMY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & M.L.JOSEPH FRANCIS, JJ. ------------------------------------ W.P.(C) No.4107 OF 2009 ------------------------------------ Dated this the 16th day of February, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The respondents in O.A.NO.12/2008 before the Central Administrative Tribunal are the writ petitioners. The respondent herein was the applicant. 2. The applicant was appointed as a Casual Labourer Khalasi with effect from 18.3.1972 under the Inspector of Works/ Southern Railway/Construction/Trivandrum. Later, his services were regularised on 21.1.1980 and was posted as Valveman. While working as senior Valveman, he retired from service on 31.10.2005. For computing his terminal benefits, the service rendered by him from 21.1.1980 to 31.10.2005 alone was reckoned. According to the applicant, since he was working in the construction wing, which was not part of any project, he would have acquired temporary status on 18.9.1972 and therefore as per the Rules, 50% of the service from 18.9.1972 to 21.1.1980 is also reckonable for the purpose of W.P.(C) No.4107/2009 2 terminal benefits. Claiming the said relief, the petitioner has approached the C.A.T. The Tribunal found that on the facts of the case, the decision of the Apex court in L.Robert D'Souza's case [1982 SCC(L&S) 124] will squarely apply. It was held that the respondent was not a Project Causal Labourer and therefore the relief sought for in the Original Application was granted. 3. The aggrieved respondents have come up before this Court challenging Ext.P4 order of the C.A.T., as per which O.A.12/2008 was allowed. The very same contentions raised in several similar writ petitions, which were dismissed by this Court, are raised in this writ petition also. The finding of the Tribunal that the applicant/respondent was not working in a project is a finding of fact, which we cannot disturb under Article 226 of the Constitution of India. Accordingly, the writ petition is dismissed. W.P.(C) No.4107/2009 3 The learned counsel for the writ petitioners prayed that they may be given two months time from today to implement the direction of this Court. The said prayer is granted. (K.BALAKRISHNAN NAIR, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) ps