Union Of India Represented By The vs P.T. Sasidharan on 13 December, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP (CAT).No. 1106 of 2010(S)


1. UNION OF INDIA REPRESENTED BY THE
                      ...  Petitioner
2. THE SENIOR DEVISONAL PERSONNEL OFFICER,

                        Vs



1. P.T. SASIDHARAN, S/O. AYYAPPAN,
                       ...       Respondent

                For Petitioner  :SRI.M.C.CHERIAN,SR.SC.,RAILWAYS

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice B.P.RAY

 Dated :13/12/2010

 O R D E R
                     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