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IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE THOTTATHIL B. RADHAKRISHNAN

&

THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR

TUESDAY, THE 27TH DAY OF MARCH 2012/7TH CHAITHRA 1934

WP(C).No. 22276 of 2007 (Z)---------------------------

O.A. 671/2003 of CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH DATED 30.06.2006

PETITIONER(S):

1. UNION OF INDIA, REPRESENTED BY

THE SECRETARY TO GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS (RAILWAY BOARD), RAIL BHAVAN

NEW DELHI.

2. THE GENERAL MANAGER,

SOUTHERN RAILWAY, PARK TOWN P.O., CHENNAI-600 003.

3. THE SECRETARY TO THE GOVERNMENT OF

INDIA, MINISTRY OF FINANCE, NEW DELHI.

BY ADV. SRI.JAMES KURIAN, SC, RAILWAYS

RESPONDENT(S):--------------

1. JOSE SEBASTIAN, S/O. P.A.SEBASTIAN,

JUNIOR ACCOUNTS ASSISTANT (RETD.)

DIVISIONAL ACCOUNTS OFFICE, SOUTHERN RAILWAY

TRIVANDRUM-14, RESIDING AT KRISHNA LODGE

KANNERTHUMUKKU, TRIVANDRUM-14.

2. SOUDAMINI HARIDAS, W/O. MR. HARIDAS,

JUNIOR ACCOUNTS ASSISTANT, DIVISIONAL ACCOUNTS

OFFICE, SOUTHERN RAILWAY, TRIVANDRUM-14

RESIDING AT KMRA-125, KUNNATHUMUKKU, TRIVANDRUM-14.

3. R.SHAILAJA NAIR, D/O. MR. K.N.PILLAI,

JUNIOR ACCOUNTS ASSISTANT, DIVISIONAL ACCOUNTS

OFFICE, SOUTHERN RAILWAY, TRIVANDRUM-14

RESIDING AT ROSE COTTAGE, TC 15/882, COTTON HILL

TRIVANDRUM-10.

4. AJITHA T.NAIR, W/O. MR. S.THULASEEDHARANNAIR, JUNIOR ACCOUNTS ASSISTANT

DIVISIONAL ACCOUNTS OFFICE, SOUTHERN RAILWAY

TRIVANDRUM-14, RESIDING AT UDIYANNOOR PUTHEN, VEEDU

KUTHIRAKALAM P.O., VEMBAYAM, TRIVANDRUM.

5. SINDHU HARIKUMAR, W/O. MR. HARIKUMAR,

JUNIOR ACCOUNTS ASSISTANT, DIVISIONAL ACCOUNTS

OFFICE, SOUTHERN RAILWAY, TRIVANDRUM-14

RESIDING AT TC 16/2429, SINDHU NIVAS, VALIYASALA

TRIVANDRUM.

6. CENTRAL ADMINISTRATIVE TRIBUNAL,

REPRESENTED BY THE REGISTRARCENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM.

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R1 TO R5 BY ADV. SRI.T.C.GOVINDA SWAMY

BY ADV. SRI.P.V.ABDUL SAMAD

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-03-2012, THE COURT ON THE

SAME DAY DELIVERED THE FOLLOWING:

APPENDIX

PETITIONER'S EXHIBITS:

P1: COPY OF THE O.A. NO. 671/2003 WITH ANNEXURES DATED NIL.

P2: COPY OF THE REPLY STATEMENT WITH ANNEXURE DATED 14/01/2004.

P3: COPY OF THE REJOINDER DATED 20/02/2004.

P4: COPY OF THE ADDITIONAL REPLY STATEMENT DATED 23/04/2007.

P5: COPY OF THE ORDER O.A. NO. 671/2003 DATED 30/06/2006.

P6: COPY OF THE ORDER IN CONTEMPT PETITION NO. 57/03 DATED 03.06.2003.

RESPONDENT'S EXHIBITS: NIL

//TRUE COPY//

P.A. TO JUDGE.

THOTTATHIL B. RADHAKRISHNAN &

C.T. RAVIKUMAR, JJ.

----------------------------------------

W.P.(C)No.22276 of 2007

----------------------------------------

Dated this the 27th day of March, 2012

JUDGMENT

Thottathil B. Radhakrishnan, J.

The short issue is whether the respondents, who are Railway employees, are entitled to arrear of

pay on revision of scales with effect from 1.1.1996. They were refused such benefit till 18.2.2003 as per

Annexure-A3. That has been interfered with by the Tribunal. We find no rationale to refuse relief to the

Railway employees particularly when such relief has been granted to the employees of the other sector

covered by the Pay Commission Order. We find no jurisdictional error or legal infirmity to say that there

is any injustice against the establishment on the basis of the impugned order. No ground made out for

interference under Article 226/227 of the Constitution of India.

The writ petition fails and accordingly it is dismissed. No costs.

Sd/-

THOTTATHIL B. RADHAKRISHNAN

Judge

Sd/-

C.T.RAVIKUMAR

Judge

TKS/27.3.2012