IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MAY, 2019 :PRESENT:
THE HON’BLE MR. JUSTICE L.NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R.DEVDAS WRIT PETITION NOs.44218/2018 & 13738- 13739/2019 & 16290/2019 (S-CAT) BETWEEN 1. THE GENERAL MANAGER SOUTH WESTERN RAILWAY, KESHWAPURA, HUBLI HUBLI-580 020 2. SENIOR DIVISIONAL PERSONNEL OFFICER SOUTH WESTERN RAILWAYS, IRWIN ROAD, MYSURU-570 001 ... PETITIONERS (BY SMT KAVITHA H C, ADVOCATE) AND 1. SHANTARAM NAIK S/O ROHIDAS NAIK, AGED ABOUT 31 YEARS, WORKING AS KEYMAN, SWR, MYSORE DIVISION, O/O SSE P-WAY, SRF SECTION, SAGAR, R/AT C/O SHIVAMMA NO.466,BEHIND RAILWAY COLONY AT & POST KUMSI-577 423 2. VINAYAKA NAGESH SHETTY S/O NAGESHA SETTY, AGED ABOUT 34 YEARS, WORKING AS KEYMAN, SWR, SSE P-WAY, SRF SECTION, SAGAR, R/AT C/O VENKATAPPA BELEGUNDI, POST-ULLUR PIN- 577 401 SAGAR TALUK, SHIMOGA DISTRICT 3. GURURAJA S/O RAMA, AGED ABOUT 35 YEARS, WORKING AS KEYMAN SWR, MYSORE DIVISION, O/O SSE P-WAY SRF SECTION, SAGAR, R/AT NEAR RAILWAY GATE, ARASALU, PIN-577 426 HOSANAGARA TALUK, SHIMOGA DISTRICT 4. NAGARAJA S/O SUBBAIAH, AGED ABOUT 34 YEARS, C/O CHANDRAPANDE, BEHIND RAILWAY COLONY, KUMSI-577 423 SHIMOGA TQ & DISTRICT ... RESPONDENTS (BY SRI RAGHAVENDRACHAR M, ADVOCATE FOR C/R1 TO R4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 12.06.2018, IN O.A.NO.170/00384 TO 00387/2016 ON THE FILE OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH, BANGALORE (PRODUCED VIDE ANNEXURE-A) AND CONSEQUENLTY DISMISS THE SAID APPLICAITION AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, DEVDAS J, MADE THE FOLLOWING:
ORDER The respondents joined the services of the petitioners, South Western Railways, as Trackmen in the payscale of Rs.5200-20200/- with Grade Pay of Rs.1,800/-. The respondents were posted as Keymen in the same scale of pay and Grade pay vide order dated 23.09.2013. The second petitioner prepared the provisional seniority list on 01.07.2014, but the respondents were not included in the category of Track Maintainer Grade-I and neither in the category of Keymen. The Central Administrative Tribunal, Bangalore, has upheld the contention of the respondents that in terms of the Railway Board Orders dated 04.03.2014 and 22.09.2014, the respondents should be treated as Track Maintainer Grade-I with Grade Pay of Rs.2,800/-. Being aggrieved of the said order passed by the Tribunal, the petitioners, South Western Railways are before this Court.
2. It is the contention of the learned Counsel for the petitioners that the Tribunal erred in not taking into consideration the reply statement filed by the respondents herein, wherein the respondents have indicated that the categories of Trackmen/Trolleymen/Gatemen/Watchmen/Keymen in Civil Engineering Department in PB-1, with Grade pay of Rs.1,800/- is clubbed and designated as Track Maintainer Grade-IV with Grade Pay of Rs.1,800/-.
3. The next contention of the learned Counsel for the petitioners is that even as per the Board Orders dated 04.03.2014 and 22.09.2014, the respondents should have completed a minimum period of two years, before being assigned with duties or designated as Keymen.
4. We have gone through the Board Orders dated 04.03.2014 and 22.09.2014 and do not find any stipulation, as contended by the learned Counsel for the petitioners. Moreover, the Tribunal has considered all the contentions of the petitioners herein and has allowed the applications giving sound and justifiable reasons. We do not find any merit in these petitions. The petitions stand dismissed.
SD/- JUDGE JT/-
SD/- JUDGE