IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 OP (CAT).No. 1106 of 2010(S) ---------------------------- OA.388/2009 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONERS ------------------------------- 1. UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK TOWN P.O., CHENNAI-3. 2. THE SENIOR DEVISONAL PERSONNEL OFFICER, SOUTHEN RILWAY, PALGHAT DIVISION, PALGHAT. BY ADV. SRI.M.C.CHERIAN,SR.SC.,RAILWAYS RESPONDENT: --------------- P.T. SASIDHARAN, S/O. AYYAPPAN, RETIRED GOOD GUARD, SOUTHERN RAILWAY, SHORANUR, RESIDING AT DEVI NIVAS CONVENT ROAD, SHORANUR - 679121. THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 13/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. .................................................................... O.P.(CAT) No.1106 of 2010 .................................................................... Dated this the 13th day of December, 2010. JUDGMENT Ramachandran Nair, J. It is seen that the impugned order is passed by the Tribunal taking note of the imminent retirement of the respondent in March 2010. In the first place, Railways which has filed this case has not explained the delay in filing this O.P. i.e. nearly after eight months of the Tribunal issuing the order. On merits also we do not find any case for the Railways because respondent was allowed to function as Assistant Guard and he was given promotion as Goods Guard before his retirement. Now the request of the Railway is that respondent's eligibility could be considered only after conducting an interview for him. We are unable to appreciate the delay and latches on the part of the Railways in handling the whole matter. We cannot permit the Railways to conduct interview for determining eligibility for promotion 2 of a person much after his retirement. Consequently O.P.(CAT) is dismissed. C.N.RAMACHANDRAN NAIR Judge BHABANI PRASAD RAY Judge pms