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CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH ORIGINAL APPLICATION NO. 180/00726/2018 Tuesday, this the 4th day of September, 2018 CORAM

HON'BLE MR.E.K.BHARAT BHUSHAN, ADMINISTRATIVE MEMBER HON'BLE MR.ASHISH KALIA, JUDICIAL MEMBER

1. T.Siva Sankaran, aged 57 years S/o.Thankappan Trackman/Southern Railway/ Office of the Senior Section Engineer/ Permanent Way/ Junction/Trivandrum Division) Residing at: 15/17, 2nd Street Thanumalaiyan Nagar Post, Karyakukmari District, Pin:629 704

2. C.Nallathangam, aged 58 years S/o.Chellaiah Trackman/Southern Railway/ Office of the Senior Section Engineer/ Permanent Way/Nagercoil Junction/Trivandrum Division) Residing at: 16/58A, Samathanapuram Kovalam Post, District, Pin:629 702

3. G.Peachi, aged 66 years S/o.Ganapathy Thevar (Retd. Trackman/Southern Railway/ Office of the Senior Section Engineer/ Permanent Way/Nagercoil Junction/Trivandrum Division) Residing at: 83, Thevar East Street North Valliyur, Radhapuram Taluk Tirunelveli District, Pin 627 117

4. A.Pinnavanam, aged 67 years S/o.Arunachalam (Retd. Trackman/Southern Railway/ Office of the Senior Section Engineer/ Permanent Way/Nagercoil Junction/Trivandrum Division) Residing at: 3/114, Nambiswamy Koil Street Sethinganallur P.O, Srivaikundam Tuticorin District.PIN:628 809

5. F.Moses Antony,aged58 years S/o.Francis Trackman/Southern Railway/ Office of the Senior Section Engineer/ Permanent Way/Trivandrum Central Residing at:81/A-1/B, Jothi Street Christu Nagar, Vetturnimadam Post Nagercoil, Kanyakumari District, Pin:629 003

6. V.Jesu Raj, aged 57 years S/o.S.Varghese Trackman/Southern Railway/ Office of the Senior Section Engineer/ Permanent Way/Nagercoil Junction/Trivandrum Division 2

Residing at: 11-31, Paruthivilai, Pampanvilai Ananthanadarkudiyiruppu Post Kanyakumari District, Pin – 629 201

7. A.Mariya George, aged 64 years S/o Antony Muthu (Retd. Trackman/Southern Railway/ Office of the Senior Section Engineer/ Permanent Way/Nagercoil Junction/Trivandrum Division Residing at: 4/294, Sriyanvilai Konamcadu Post, Kanyakumari District, Pin : 629 803 …. Applicants

[By Advocate Mr.T.C.Govindaswamy]

V.

1. The Union of India, represented by the General Manager, Southern Railway Headquarters Office, Park Town P.O Chennai – 600 003

2. The Divisional Railway Manager Southern Railway, Trivandrum Division Trivandrum – 695 014

3. The Divisional Personnel Officer Southern Railway, Trivandrum Division Trivandrum -695 014 … Respondents

(By Advocate Mr.Sunil Jacob Jose)

This application having been finally heard on 4.9.2018, the Tribunal on the same day delivered the following in the open court.

O R D E R (ORAL)

Per: MR.E.K.BHARAT BHUSHAN, ADMINISTRATIVE MEMBER

Heard Mr.T.C.Govindaswamy, learned counsel for the applicants.

Applicants are aggrieved by the refusal on the part of the respondents to grant them the benefit of regularisation at par with their juniors and colleagues in the list of retrenched casual labourers, as ordered by this Tribunal in a series of other Original Applications, and the consequential denial of pensionary benefits

2 Shri.Sunil Jacob Jose takes notice on behalf of the respondents. 3

3 We feel that the Original Application can be disposed of at admission stage itself by directing respondent no.3 to consider the representations at

Annexure A-9 series taking into account the orders issued by respondent no.3 at

Annexure A-8 and take an expeditious view on the same within a month from the date of receipt of a copy of this order. This order is being issued as mutually agreed by learned counsel on both sides.

4 The Original Application is disposed of as above. No order as to costs.

(ASHISH KALIA) (E.K.BHARAT BHUSHAN) JUDICIAL MEMBER ADMINISTRATIVE MEMBER sv

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List of Annexures

Annexure A-1 - True copy of the Office Order bearing no.167/2008/WP dated 02.09.2008 issued by the third respondent

Annexure A-2 - True copy of Office Order bearing No.146/2008/WP dated 4.8.2008, issued by the 3rd respondent

Annexure A-3 - True copy of Office order bearing No.167/2012/WP dated 29.11.2012, issued by the 3rd respondent

Annexure A-4 - True copy of office order bearing No.77/2010/WP dated 14.6.2010, issued by the 3rd respondent

Annexure A-5 - True copy of order dated 31.7.2012 in O.A No.1032/2011 rendered by this Tribunal

Annexure A-6 - True copy of order in O.A No.784/2012 dated 10.2.2015 rendered by this Tribunal

Annexure A-7 - True copy of judgments in OP(CAT) No.138/2014 and connected cases dated 21.12.2016 rendered by the Hon'ble High Court of

Annexure A-8 - True copy of Memorandum bearing No.V/P.407/1/CL/Engg./Court cases dated 20.3.2018, issued by the 3rd respondent

Annexure A-9 series: True copies of representations submitted by the applicants to the 3rd respondent......