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Payment of Arrears w.e.f. 01-01-1996 to 18-02-2003 to Railway Accounts Officer: Supreme Court dismissed the Review Petition

SUPREME COURT DISMISSED THE REVIEW PETITION ON PAYMENT OF ARREARS W.E.F. 01-01-1996 TO 18-02-2003 to RAILWAY ACCOUNTS OFFICER Text reproduced of Co

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SUPREME COURT DISMISSED THE REVIEW PETITION ON PAYMENT OF ARREARS W.E.F. 01-01-1996 TO 18-02-2003 to RAILWAY ACCOUNTS OFFICER

Text reproduced of Court Order:-
CHAMBER MATTER SECTION XIA

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

REVIEW PETITION (C) NO(s). 1494 OF 2013 IN SLP(C) 9832/2013

U.O.I. & ORS. Petitioner(s)

VERSUS

JOSE SEBASTIAN & ORS. Respondent(s)
(With appln(s) for stay,c/delay in filing review petition)

Date: 01/08/2013 This Petition was circulated today.

CORAM :
HON’BLE THE CHIEF JUSTICE
HON’BLE MR. JUSTICE JAGDISH SINGH KHEHAR

By Circulation

UPON perusing papers the Court made the following
O R D E R

Application for hearing in open Court is rejected.
Delay condoned.
The review petition is dismissed in terms of the signed
order.

[Madhu Bala] [Savita Sainani]
Sr.PA Court Master
(Signed order is placed on the file)

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

1

2 REVIEW PETITION (Civil) No. 1494 OF 2013

IN
SPECIAL LEAVE PETITION (C) No. 9832 OF 2013

Union of India & Ors. …. Petitioner(s)

Versus

Jose Sebastian & Ors. …. Respondent(s)

O R D E R

Application for hearing in open Court is rejected.

Delay condoned.

We have carefully gone through the review petition and the
connected papers. We find no merit in the review petition and the
same is accordingly dismissed.

………………………………CJI.

(P. SATHASIVAM)

…………………………………J.

(JAGDISH SINGH KHEHAR)

NEW DELHI;
AUGUST 01, 2013
Source: http://courtnic.nic.in/supremecourt/temp/rc%20149413p.txt

Special Leave Petition (Civil) 9832 OF 2013 Order & Judgement:

ITEM NO.25 COURT NO.2 SECTION XIA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Civil)……/2013
CC 1997/2013

(From the judgement and order dated 27/03/2012 in WPC No.22276/2007 of The
HIGH COURT OF KERALA AT ERNAKULAM)

UNION OF INDIA & ORS. Petitioner(s)

VERSUS

JOSE SEBASTIAN & ORS. Respondent(s)
(With appln(s) for c/delay in filing SLP)

Date: 25/02/2013 This Petition was called on for hearing today.

CORAM :
HON’BLE MR. JUSTICE P. SATHASIVAM
HON’BLE MR. JUSTICE JAGDISH SINGH KHEHAR

For Petitioner(s) Ms. Manita Verma,Adv.
Ms. Sukhbeer Kaur Bajwa,Adv.
Mr. Shreekant N. Terdal,Adv.

For Respondent(s) Ms. Sumita Hazarika,Adv.
Mr. Ezekial Jarain,Adv.

UPON hearing counsel the Court made the following
O R D E R

Heard learned counsel for the parties and perused the
relevant material.
Delay condoned.
We do not find any legal and valid ground for interference.
The special leave petition is dismissed.

[Madhu Bala] [Savita Sainani]
Sr.PA Court Master

Source: http://courtnic.nic.in/supremecourt/temp/pc%20199713p.txt

Judgement and order dated 27/03/2012 in WPC No.22276/2007 of The HIGH COURT OF KERALA AT ERNAKULAM:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN
&
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR

TUESDAY, THE 27TH DAY OF MARCH 2012/7TH CHAITHRA 1934

WP(C).No. 22276 of 2007 (Z)
—————————
OA.671/2003 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH DATED
30.06.2006

PETITIONER(S):
————-

1. UNION OF INDIA, REPRESENTED BY
THE SECRETARY TO GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS (RAILWAY BOARD), RAIL BHAVAN
NEW DELHI.

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

3. THE SECRETARY TO THE GOVERNMENT OF
INDIA, MINISTRY OF FINANCE, NEW DELHI.

BY ADV. SRI.JAMES KURIAN, SC, RAILWAYS

RESPONDENT(S):
————–

1. JOSE SEBASTIAN, S/O. P.A.SEBASTIAN,
JUNIOR ACCOUNTS ASSISTANT (RETD.)
DIVISIONAL ACCOUNTS OFFICE, SOUTHERN RAILWAY
TRIVANDRUM-14, RESIDING AT KRISHNA LODGE
KANNERTHUMUKKU, TRIVANDRUM-14.

2. SOUDAMINI HARIDAS, W/O. MR. HARIDAS,
JUNIOR ACCOUNTS ASSISTANT, DIVISIONAL ACCOUNTS
OFFICE, SOUTHERN RAILWAY, TRIVANDRUM-14
RESIDING AT KMRA-125, KUNNATHUMUKKU, TRIVANDRUM-14.

3. R.SHAILAJA NAIR, D/O. MR. K.N.PILLAI,
JUNIOR ACCOUNTS ASSISTANT, DIVISIONAL ACCOUNTS
OFFICE, SOUTHERN RAILWAY, TRIVANDRUM-14
RESIDING AT ROSE COTTAGE, TC 15/882, COTTON HILL
TRIVANDRUM-10.

4. AJITHA T.NAIR, W/O. MR. S.THULASEEDHARAN
NAIR, JUNIOR ACCOUNTS ASSISTANT
DIVISIONAL ACCOUNTS OFFICE, SOUTHERN RAILWAY
TRIVANDRUM-14, RESIDING AT UDIYANNOOR PUTHEN, VEEDU
KUTHIRAKALAM P.O., VEMBAYAM, TRIVANDRUM.
LSN –2–

–2–

WP(C).No. 22276 of 2007 (Z)

5. SINDHU HARIKUMAR, W/O. MR. HARIKUMAR,
JUNIOR ACCOUNTS ASSISTANT, DIVISIONAL ACCOUNTS
OFFICE, SOUTHERN RAILWAY, TRIVANDRUM-14
RESIDING AT TC 16/2429, SINDHU NIVAS, VALIYASALA
TRIVANDRUM.

6. CENTRAL ADMINISTRATIVE TRIBUNAL,
REPRESENTED BY THE REGISTRAR
CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM.

R1 TO R5 BY ADV. SRI.T.C.GOVINDA SWAMY
BY ADV. SRI.P.V.ABDUL SAMAD

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
27-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

LSN

WP(C).No. 22276 of 2007 (Z)

APPENDIX

PETITIONER’S EXHIBITS:

P1: COPY OF THE O.A. NO. 671/2003 WITH ANNEXURES DATED NIL.

P2: COPY OF THE REPLY STATEMENT WITH ANNEXURE DATED 14/01/2004.

P3: COPY OF THE REJOINDER DATED 20/02/2004.

P4: COPY OF THE ADDITIONAL REPLY STATEMENT DATED 23/04/2007.

P5: COPY OF THE ORDER O.A. NO. 671/2003 DATED 30/06/2006.

P6: COPY OF THE ORDER IN CONTEMPT PETITION NO. 57/03 DATED 03.06.2003.

RESPONDENT’S EXHIBITS: NIL

//TRUE COPY//

P.A. TO JUDGE.

LSN

THOTTATHIL B. RADHAKRISHNAN &
C.T.RAVIKUMAR, JJ.
—————————————-
W.P.(C)No.22276 of 2007
—————————————-
Dated this the 27th day of March, 2012

JUDGMENT

Thottathil B.Radhakrishnan, J.

The short issue is whether the respondents ,who are Railway

employees, are entitled to arrear of pay on revision of scales with effect from

1.1.1996. They were refused such benefit till 18.2.2003 as per Annexure-A3.

That has been interfered with by the Tribunal. We find no rationale to refuse

relief to the Railway employees particularly when such relief has been granted

to the employees of the other sector covered by the Pay Commission Order.

We find no jurisdictional error or legal infirmity to say that there is any

injustice against the establishment on the basis of the impugned order. No

ground made out for interference under Article 226/227 of the Constitution of

India.

The writ petition fails and accordingly it is dismissed. No costs.

Sd/-
THOTTATHIL B. RADHAKRISHNAN
Judge

Sd/-
C.T.RAVIKUMAR
Judge

TKS/27.3.2012

Source: http://judis.nic.in/judis_kerala/qrydisp.aspx?filename=248588

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