IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP (CAT).No. 336 of 2010(S)
1. UNION OF INDIA REPRESENTED BY
... Petitioner
2. SENIOR DIVISIONAL FINANCE MANAGER,
3. SENIOR DIVISIONAL PERSONNEL OFFICER,
4. DIVISIONAL RAILWAY MANAGER,
5. SECRETARY, RAILWAY BOARD,
Vs
1. P.G MANOHARAN, S/O.GOPALAN,
... 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 K.SURENDRA MOHAN
Dated :15/10/2010
O R D E R
C .N. RAMACHANDRAN NAIR, &
K. SURENDRA MOHAN, JJ.
--------------------------------------------
O. P. (CAT) No. 336 of 2010
--------------------------------------------
Dated this the 15th day of October, 2010
JUDGMENT
Ramachandran Nair, J.
The issue raised is covered against the Railways by decision of
this Court in several cases and we have ourselves dismissed WPC No.
28428 of 2010 on 15.9.2010. Following the above said judgment, we
dismiss the O.P., but grant two months’ time to the petitioner to
implement the judgment. Since SLP is said to be pending against
judgments of this Court in the same matter, we feel instead of driving
the petitioner to Supreme Court, in every case the benefit of the
judgment of the Supreme Court on the same issue in the pending case
could be extended to the petitioner in this case also. Accordingly we
declare that if the earlier judgment of this Court on the same issue
relied on by us is reversed by the Supreme Court, the judgment of the
Supreme Court in that case will apply to the extent applicable to this
case as well. Petitioner is free to issue revised order based on judgment
of Supreme Court.
(C.N.RAMACHANDRAN NAIR)
Judge.
kk
(K. SURENDRA MOHAN)
Judge.
2