P.K.Chandrasekhara Pillai v. Chairman, Railway Board

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON & THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH FRIDAY, THE 21ST DAY OF AUGUST 2015/30TH SRAVANA, 1937 RP.No. 741 of 2015 () IN OP (CAT).2258/2012 --------------------------------------------- AGAINST THE ORDER/JUDGMENT IN OP (CAT) 2258/2012 of HIGH COURT OF KERALA DATED 20-07-2015 REVIEW PETITIONER(S):

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1. P.K.CHANDRASEKHARA PILLAI S/O.P.S.KESAVA PILLAI RETIRED CHIEF COMMERCIAL CLERK GRADE I SOUTHERN RAILWAY/ERNAKULAM GOODS, RESIDING AT 57/614, CUSTOMS COLONY POONITHURA, KOCHI 682 308.

2. K.GOPINATHAN NAIR, AGED 77 YEARS S/O.KUMARA PILLAI RETIRED CHIEF COMMERCIAL CLERK GRADE 1 SOUTHERN RAILWAY/ERNAKULAM JUNCTION, RESIDING AT 34/957, JAI VIHAR PRESS CLUB COLONY, EDAPPALLY, KOCHI 682 024.

BY ADV. SRI.T.C.GOVINDA SWAMY RESPONDENT(S):

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1. THE CHAIRMAN, RAILWAY BOARD, MINISTRY OF RAILWAYS, RAIL BHAVAN NEW DELHI 110 001.

2. THE GENERAL MANAGER SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK TOWN P.O CHENNAI 600 003.

3. THE DIVISIONAL PERSONNEL OFFICER SOUTHERN RAILWAY, TRIVANDRUM DIVISIONAL OFFICE, THIRUVANANTHAPURAM 695 014.

BY ADV.SRI.C.S.DIAS,SC, RAILWAYS THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 21-082015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

P.R. RAMACHANDRA MENON & BABU MATHEW P. JOSEPH, JJ.

~~~~~~~~~~~~~~~~~~~~~~ R.P. No. 741 of 2015 in O.P. (CAT) No. 2258 of 2012 ~~~~~~~~~~~~~~~~~~~~~ Dated, this the 21st day of August, 2015

O R D E R

Ramachandra Menon, J.

Prayers raised in the R.P. are in the following terms : "a) Review and correct the observation in paragraph 6 of Annexure - A judgment in OP(CAT) No. 2258 of 2012 dated 20 July 2015 to the effect, "pursuant to the admission of SLP No. 394/2012, wherein an interim order has been passed by the Apex Court granting interim stay of the common order passed by the Tribunal" as "pursuant to the admission of SLP No. 394/2012 wherein an interim order has been passed by the Apex Court granting interim stay of the order dated 13.09.2011 passed by the Central Administrative Tribunal, Ernakulam Bench, in CP(C) No. 67/2014 in O.A. No. 401/1993"

b) Pass such other orders or directions as deemed just, fit and necessary in the facts and circumstances of the case.

R.P. No. 741 of 2015 in O.P. (CAT) No. 2258 of 2012 : 2 :

2. Heard the learned counsel appearing for the review petitioners as well as the learned standing counsel appearing for the Railways.

3. After going through the pleadings and proceedings and also the relevant orders/verdicts, we find that the clarification sought for as per the review petition can be allowed, so as to have clarity in all respects. It is ordered accordingly. We however make it clear, that we have not dealt with the scope of the interim order passed by the Apex Court, as it happens to be an order dealing with the common order passed by the Tribunal. The Review Petition stands allowed to the said extent. sd/- P. R. RAMACHANDRA MENON, JUDGE sd/- BABU MATHEW P. JOSEPH, JUDGE kmd