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2025 DAILYLAW 3236 (KAR)

UNION OF INDIA v. JIBY GEORGE S/O GEORGE

WP/109979/2019 · 2025-02-11

B M Shyam Prasad, Ramachandra D Huddar

Public Interest Litigationbody2025

Judgment text

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- 1 - NC: 2025:KHC-D:2682-DB WP No. 109979 of 2019 C/W WP No. 112128 of 2019 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR WRIT PETITION NO. 109979 OF 2019 (S-CAT) C/W WRIT PETITION NO. 112128 OF 2019 (S-CAT) IN WRIT PETITION NO. 109979 OF 2019: BETWEEN: 1. UNION OF INDIA, REPRESENTED BY GENERAL MANAGER, SOUTH WESTERN RAILWAYS, HEAD QUARTERS OFFICE, HUBBALLI-580020 2. THE SENIOR DIVISIONAL PERSONNEL OFFICER, SOUTH WESTERN RAILWAYS, HEAD QUARTERS OFFICE, HUBBALLI-580020 3. THE ASSISTANT PERSONNEL OFFICER (M), SOUTH WESTERN RAILWAYS, HEAD QUARTERS OFFICE, HUBBALLI-580020 …PETITIONERS (BY SRI. M. B. KANAVI, ADVOCATE) Digitally signed by SHAKAMBARI Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:2682-DB WP No. 109979 of 2019 C/W WP No. 112128 of 2019 AND: 1. JIBY GEORGE S/O. GEORGE AGED ABOUT 40 YEARS, WORKING AS LOCO PILOT GOODS, SW RAILWAY, HUBBALLI-580020 2. JOSHIL C.K. S/O. RAMADASAN P. AGED ABOUT 43 YEARS, WORKING AS LOCO PILOT GOODS, CREW CONTROLLER, SW RAILWAY, HUBBALLI-580020 3. JOSEPH K.D. S/O. DEVASSY K.D. AGED ABOUT 42 YEARS, WORKING AS LOCO PILOT GOODS, POWER CONTROLLER, SW RAILWAY, HUBBALLI-580020 4. B.SURI DEMUDU S/O. B.RAMU AGED ABOUT 42 YEARS, WORKING AS CREW CONTROLLER, SW RAILWAY, TORANAGALLU. 5. SHRI.V.S.THIPPESWAMY AGE: MAJOR, FATHERS NAME NOT KNOWN, LOCO INSPECTOR/WORKING AS CCC, THORNAGAL RAILWAY STATION, THORNAGAL, BELLARY DISTRICT 6. SHRI.B.SREENIVASULU AGE:MAJOR, FATHERS NAME NOT KNOWN, CHIEF POWER CONTROLLER HUBLI DIVISION, SW RLY, HQRS, HUBLI-580020 7. SHRI.A.MURUGAN, AGE: MAJOR, - 3 - NC: 2025:KHC-D:2682-DB WP No. 109979 of 2019 C/W WP No. 112128 of 2019 FATHERS NAME NOT KNOWN, CHIEF LOCO INSPECTOR, C/O.OFFICE OF CCC, SOURTH WESTERN RAILWAY, HOSPET 8. SHRI.JOSEPH EDWARD AGE: MAJOR, FATHERS NAME NOT KNOWN, WORKING AS CHIEF CREW CONTROLLER SOURTH WESTERN RAILWAY, BELGAUM 9. SHRI.K.RAJESH BABU, AGE:MAJOR, FATHERS NAME NOT KNOWN, CHIEF LOCO INSPECTOR, SOUTH WESTERN RAILWAY, C/O.CCC, SW RAILWAY, HOSPET 10. SHRI.M.F.NADAF, AGE: MAJOR, FATHERS NAME NOT KNOWN, CHIEF LOCO INSPECTOR, SOUTH WESTERN RAILWAY, C/O.CPRC, SW RAILWAY, HUBLI 11. SHRI.MANIVARNAN, AGE: MAJOR, FATHERS NAME NOT KNOWN, WORKING AS CHIEF LOCO INSPECTOR SW RAILWAY, CASTLE ROCK 12. SHRI.JITHOSH K. AGE: MAJOR, FATHERS NAME NOT KNOWN, WORKING AS LP GOODS SW RAILWAY, CASTLE ROCK 13. SHRI.S.S.V. RAMPRASAD AGE: MAJOR, FATHERS NAME NOT KNOWN, WORKING AS CHIEF CREW CONTROLLER SW RAILWAY, HOSPET. - 4 - NC: 2025:KHC-D:2682-DB WP No. 109979 of 2019 C/W WP No. 112128 of 2019 14. SHRI.SHIVAKUMAR PATTANSHETTY AGE: MAJOR, FATHERS NAME NOT KNOWN, WORKING AS CHIEF LOCO INSPECTOR OFFICE OF CHIEF MECHANICAL ENGINEER SW RAILWAY, HEAD QUARTERS, HUBLI 15. SHRI.K.MUKTHAR AHAMED AGE: MAJOR, FATHERS NAME NOT KNOWN, WORKING AS CHIEF LOCO INSPECTOR SOUTH WESTERN RAILWAY, BELGAUM 16. SHRI.C.ANIL KUMAR, AGE: MAJOR, FATHERS NAME NOT KNOWN, WORKING AS CHIEF LOCO INSPECTOR SW RAILWAY, CASTLE ROCK 17. SHRI.SHAHUL HAMEED P.K. AGE: MAJOR, FATHERS NAME NOT KNOWN, WORKING AS CHIEF CREW CONTROLLER, SOUTH WESTERN RAILWAY, CASTLE ROCK (UTTARA KANNADA DISTRICT) 18. SHRI.VENU KOTHAPALLI AGE: MAJOR, FATHERS NAME NOT KNOWN, WORKING AS CHIEF CREW CONTROLLER, SOUTH WESTERN RAILWAY, VASCO DA GAMA, GOA. 19. SHRI.S.KARTHIC, AGE: MAJOR, FATHERS NAME NOT KNOWN, WORKING AS LOCO PILOT GOODS, SOUTH WESTERN RAILWAY, CASTLE ROCK, UTTARA KANNADA DISTRICT. - 5 - NC: 2025:KHC-D:2682-DB WP No. 109979 of 2019 C/W WP No. 112128 of 2019 20. SHRI.M.SATYANARAYANA AGE: MAJOR, FATHERS NAME NOT KNOWN, WORKING AS CHIEF CREW CONTROLLER, SOUTH WESTERN RAILWAY, BELGAUM 21. SHRI.K.MUTHYALU AGE: MAJOR, FATHERS NAME NOT KNOWN, WORKING AS CHIEF CREW CONTROLLER, SOUTH WESTERN RAILWAY, VASCO DA GAMA, GOA. 22. SHRI.N.RAMARANGAIAH, AGE: MAJOR, FATHERS NAME NOT KNOWN, WORKING AS CHIEF CREW CONTROLLER, SOUTH WESTERN RAILWAY, HEADQUARTERS, HUBLI. …RESPONDENTS (R2, R3, R4,R5,R7,R8,R9,R10,R11,R13,R14,R15, R16,R17,R18,R19,R20,R21 AND R22 ARE SERVED; R6 SERVICE HELD SUFFICIENT; R1 INSUFFICIENT ADDRESS; R12 NO SUCH PERSON IN THIS ADDRESS;) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, QUASH THE ORDER DATED 25/10/2018 PASSED IN O.A NO 170/00044-0047/15 ON THE FILE OF THE CENTRAL ADMINISTRATIVE TRIBUNAL BANGALORE (PRODUCED VIDE ANNEXURE-A) AND ETC. - 6 - NC: 2025:KHC-D:2682-DB WP No. 109979 of 2019 C/W WP No. 112128 of 2019 IN WRIT PETITION NO. 112128 OF 2019: BETWEEN: S.S.V. RAM PRASAD. S/O. BHUCHANDRA RAO, AGE: 47 YEAR, OCC: CHIEF LOCO INSPECTOR, SOUTH WESTERN RAILWAY, R/O: H.NO.65, R.C.COLONY, GADAG ROAD. HUBBALLI, DIST: DHARWAD, 580020. …PETITIONERS (BY SRI. DINESH M. KULKARNI, ADVOCATE) AND: 1. JIBY GEORGE S/O. GEORGE AGED ABOUT 40 YEARS, WORKING AS LOCO PILOT GOODS, SW RAILWAY, HUBBALLI-580020 2. JOSHIL C.K. S/O. RAMADASAN P. AGED ABOUT 42 YEARS, WORKING AS LOCO PILOT GOODS, CREW CONTROLLER, SW RAILWAY, HUBBALLI-580020 3. JOSEPH K.D. S/O. DEVASSY K.D. AGED ABOUT 41 YEARS, WORKING AS LOCO PILOT GOODS, POWER CONTROLLER, SW RAILWAY, HUBBALLI-580020 4. B.SURI DEMUDU S/O. B.RAMU AGED ABOUT 41 YEARS, WORKING AS CREW CONTROLLER, SW RAILWAY, TORANAGALLU. - 7 - NC: 2025:KHC-D:2682-DB WP No. 109979 of 2019 C/W WP No. 112128 of 2019 5. UNION OF INDIA, REPRESENTED BY GENERAL MANAGER, SOUTH WESTERN RAILWAYS, HEAD QUARTERS OFFICE, HUBBALLI-580020 6. THE SENIOR DIVISIONAL PERSONNEL OFFICER SOUTH WESTERN RAILWAYS. HEAD QUARTERS OFFICE, HUBBALLI-580020 7. THE ASSISTANT PERSONNEL OFFICER (M), SOUTH WESTERN RAILWAYS, HEAD QUARTERS OFFICE, HUBBALLI-580020 8. SHRI.V.S.THIPPESWAMY AGE: MAJOR, FATHERS NAME NOT KNOWN, LOCO INSPECTOR/WORKING AS CCC, THORNAGAL RAILWAY STATION, THORNAGAL, BELLARY DISTRICT 9. SHRI.B.SREENIVASULU AGE:MAJOR, FATHERS NAME NOT KNOWN, CHIEF POWER CONTROLLER HUBLI DIVISION, SW RLY, HQRS, HUBLI-580020 10. SHRI.A.MURUGAN, AGE: MAJOR, FATHERS NAME NOT KNOWN, CHIEF LOCO INSPECTOR, C/O.OFFICE OF CCC, SOURTH WESTERN RAILWAY, HOSPET – 583201. 11. SHRI.JOSEPH EDWARD AGE: MAJOR, FATHERS NAME NOT KNOWN, WORKING AS CHIEF CREW CONTROLLER SOURTH WESTERN RAILWAY, BELGAUM – 580001. 12. SHRI.K.RAJESH BABU, - 8 - NC: 2025:KHC-D:2682-DB WP No. 109979 of 2019 C/W WP No. 112128 of 2019 AGE:MAJOR, FATHERS NAME NOT KNOWN, CHIEF LOCO INSPECTOR, SOUTH WESTERN RAILWAY, C/O.CCC, SW RAILWAY, HOSPET – 583 201. 13. SHRI.M.F.NADAF, AGE: MAJOR, FATHERS NAME NOT KNOWN, CHIEF LOCO INSPECTOR, SOUTH WESTERN RAILWAY, C/O.CPRC, SW RAILWAY, HUBLI – 580 020. 14. SHRI.MANIVARNAN, AGE: MAJOR, FATHERS NAME NOT KNOWN, WORKING AS CHIEF LOCO INSPECTOR SW RAILWAY, CASTLE ROCK, DISTRICT UTTARA KANNADA – 581 121. 15. SHRI.JITHOSH K. AGE: MAJOR, FATHERS NAME NOT KNOWN, WORKING AS LP GOODS SW RAILWAY, CASTLE ROCK, DISTRICT UTTARA KANNADA – 581 121. 16. SHRI.SHIVAKUMAR PATTANSHETTY AGE: MAJOR, FATHERS NAME NOT KNOWN, WORKING AS CHIEF LOCO INSPECTOR OFFICE OF CHIEF MECHANICAL ENGINEER SW RAILWAY, HEAD QUARTERS, HUBLI – 580020. 17. SHRI.K.MUKTHAR AHAMED AGE: MAJOR, FATHERS NAME NOT KNOWN, WORKING AS CHIEF LOCO INSPECTOR - 9 - NC: 2025:KHC-D:2682-DB WP No. 109979 of 2019 C/W WP No. 112128 of 2019 SOUTH WESTERN RAILWAY, BELGAUM – 580 001. 18. SHRI.C.ANIL KUMAR, AGE: MAJOR, FATHERS NAME NOT KNOWN, WORKING AS CHIEF LOCO INSPECTOR SW RAILWAY, CASTLE ROCK, DISTRICT UTTARA KANNADA – 581 121. 19. SHRI.SHAHUL HAMEED P.K. AGE: MAJOR, FATHERS NAME NOT KNOWN, WORKING AS CHIEF CREW CONTROLLER, SOUTH WESTERN RAILWAY, CASTLE ROCK (UTTARA KANNADA DISTRICT) 581121. 20. SHRI.VENU KOTHAPALLI AGE: MAJOR, FATHERS NAME NOT KNOWN, WORKING AS CHIEF CREW CONTROLLER, SOUTH WESTERN RAILWAY, VASCO DA GAMA, GOA -403 802. 21. SHRI.S.KARTHIC, AGE: MAJOR, FATHERS NAME NOT KNOWN, WORKING AS LOCO PILOT GOODS, SOUTH WESTERN RAILWAY, CASTLE ROCK UTTARA KANNADA DISTRICT – 581121. 22. SHRI.M.SATYANARAYANA AGE: MAJOR, FATHERS NAME NOT KNOWN, WORKING AS CHIEF CREW CONTROLLER, SOUTH WESTERN RAILWAY, BELGAUM – 580 001. 23. SHRI.K.MUTHYALU AGE: MAJOR, FATHERS NAME NOT KNOWN, - 10 - NC: 2025:KHC-D:2682-DB WP No. 109979 of 2019 C/W WP No. 112128 of 2019 WORKING AS CHIEF CREW CONTROLLER, SOUTH WESTERN RAILWAY, VASCO DA GAMA, GOA 403802 24. SHRI.N.RAMARANGAIAH, AGE: MAJOR, FATHERS NAME NOT KNOWN, WORKING AS CHIEF CREW CONTROLLER, SOUTH WESTERN RAILWAY, HEADQUARTERS, HUBLI – 580020. …RESPONDENTS (BY SRI. M. B. KANAVI, CGSC FOR R5 TO R7;) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE CERTIORARI AND QUASH THE IMPUGNED ORDER PASSED BY THE HON’BLE CENTRAL ADMINISTRATIVE TRIBUNAL, BENGALURU DTD.25.10.2018 IN ORIGINAL APPLICATION NO.70/00044-00047/2015, VIDE ANNEXURE-A AND ETC. THESE PETITIONS ARE COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE ORDER THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR - 11 - NC: 2025:KHC-D:2682-DB WP No. 109979 of 2019 C/W WP No. 112128 of 2019 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) Sri. M.B.Kanavi, the learned Senior Central Government standing counsel for the petitioners, submits that the present writ petitions are filed because of the dispute inter se the private respondents in these petitions about seniority, but this dispute is resolved with one of the private respondents, Sri. Jiby George, being transferred on reversion as Assistant Loco Pilot, and the seniority of the other private respondents being fixed accordingly. In fact, learned counsel files a memo for dismissal of the writ petitions. In view of the above, these petitions stand dismissed as having become infructous. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE AM/CT-VG LIST NO.: 1 SL NO.: 10