Union Of India vs Charles M S/o: Madhavadian

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Ker) 656

IN THE HIGH COURT OF KERALA AT ERNAKULAM
AMIT RAWAL, K.V.JAYAKUMAR, JJ
Union Of India – Appellant
Versus
Charles M S/o: Madhavadian – Respondent

Advocates:
Advocate Appeared:
For the Appellant : SRI.T.V.VINU - CGC
For the Respondent: BY ADVS. T.C.GOVINDASWAMY KALA T.GOPI(K/964/2010) KAILESH T. GOPI(KAR/3547/2022) MAMATHA S. ANILKUMAR(K/1532/2019) RAHUL R.(K/1878/2024)

JUDGMENT :

(AMIT RAWAL, J.)

[OP (CAT) Nos.149/2023, 138/2023, 168/2023, 169/2023, 172/2023, 188/2023, 166/2024 24/2025 & 121/2024]

The controversy involved in these cases are with regard to the retrenchment of some project casual labourers. The retrenchment was the subject matter of consideration before the Apex Court inInderpal Yadav and Others Vs. Union of India [1985 SCC (L&S) 526] and connected cases, whereby the Apex Court has directed the Railways to prepare a divisional list of all project casual labourers in each Division of the Railways who had been retrenched after the cut- off date mentioned and directed to consider them for future engagement. In obedience to the directions in Inderpal Yadav (Supra), notifications dated 27.01.2003 and 18.02.2003 were issued inviting applications to fill up the vacancies to the post of Trackmen. All the applicants were called upon for the document verification and medical examination. After medical examination, the applicants were appointed as Track Maintainers. It is a matter of record that few of them were appointed after 01.01.2004, therefore, could not have been brought under the Old Pension Scheme.

2. This Court, in the judgment dated 04

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