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V. Rajendran and Others Vs. Union of India Represented by Secretary, Ministry of Railways and Others - Court Judgment

SooperKanoon Citation

Court

Central Administrative Tribunal CAT Ernakulam

Decided On

Case Number

OA Nos.793 of 2007, 36, 39, 43 & 130 of 2008

Judge

Appellant

V. Rajendran and Others

Respondent

Union of India Represented by Secretary, Ministry of Railways and Others

Excerpt:


.....it is brought to our notice that the issues involved in them have already been elaborately considered and decided by this tribunal in a common order passed in oa no.794/2007 and connected cases. we are in respectful agreement with the view taken by this tribunal in the above cases. 5. we are further informed that original petitions filed against the above common order are pending consideration before the hon'ble high court of kerala in op (cat) no.3797 of 2011 and connected cases. 6. in this context, it is further pointed out by learned counsel for the respondents that the madras bench of this tribunal had occasion to deal with the same issue in oa no.1130 of 2004 and connected cases. the above original applications filed by ticket checking staff were dismissed by the madras bench by its order dated january 10, 2007 holding that the reliefs sought for by the applicants were too vague and general and that the said issue was covered by the decision of the constitution bench in nagaraj vs. union of india (2006) 8 scc 212. the above view taken by the madras bench, which has become final, squarely applies in the case on hand as well. 7. for the reasons aforesaid, these original.....

Judgment:


A.K.Basheer, Member (J):

 1. Applicants in this bunch of Original Applications are working in different cadres like Ticket Checking Staff, Traffic Yard Staff, Catering Staff, Station Masters and Enquiry cum Reservation Clerks (Grade-I) in Palakkad Division of Southern Railway.

2. The primary prayer in these Original Applications is to issue a direction to the respondents to review and re-adjust the seniority in all the grades of the cadres referred to above and to determine the excess promotions of SC/ST employees made before February 10, 1995 and to remove the names of excess promotees from the seniority list of promotional cadre and restore the seniority and promotions of the general category employees like the applicants.

3. We do not deem it necessary to refer to the other incidental or ancillary reliefs sought by the applicants in view of the order that we propose to pass.

4. When these cases are taken up for consideration, it is brought to our notice that the issues involved in them have already been elaborately considered and decided by this Tribunal in a common order passed in OA No.794/2007 and connected cases. We are in respectful agreement with the view taken by this Tribunal in the above cases.

5. We are further informed that Original Petitions filed against the above common order are pending consideration before the Hon'ble High Court of Kerala in OP (CAT) No.3797 of 2011 and connected cases.

6. In this context, it is further pointed out by learned counsel for the respondents that the Madras Bench of this Tribunal had occasion to deal with the same issue in OA No.1130 of 2004 and connected cases. The above Original Applications filed by Ticket Checking Staff were dismissed by the Madras Bench by its order dated January 10, 2007 holding that the reliefs sought for by the applicants were too vague and general and that the said issue was covered by the decision of the Constitution Bench in Nagaraj Vs. Union of India (2006) 8 SCC 212. The above view taken by the Madras Bench, which has become final, squarely applies in the case on hand as well.

7. For the reasons aforesaid, these Original Applications are liable to be dismissed. We do so.




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