Union Of India vs M I Shibu
2021 Latest Caselaw 18476 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
            THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                       &
             THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
   WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
                           OP (CAT) NO. 61 OF 2021
         (arising out of the order dated 5.4.2019 in OA/180/00819/2014
                           on the file of C.A.T , EKM)
PETITIONER/S:

           UNION OF INDIA
           REPRESENTED BY SECRETARY TO THE GOVERNMENT OF INDIA,
           MINISTRY OF URBAN DEVELOPMENT AND POVERTY ALLEVIATION
           NIRMAN BHAWAN, NEW DELHI 110 011
           BY ADV SHRI.P.VIJAYAKUMAR, ASG OF INDIA


RESPONDENT/S:

    1      M I SHIBU
           S/O. K. IDICULLA, JUNIOR ENGINEER (CIVIL), CENTRAL
           PUBLIC WORKS DEPARTMENT, CALICUT CENTRAL DIVISION,
           KENDRIYA BHAVAN, KALLAI P.O, CALICUT 673 003
           RESIDING AT BETHEL NO 2 SPRING VIEW, CHILAVOOR P.O,
           CALICUT 673 571
    2      THE DIRECTOR GENERAL OF WORKS
           CENTRAL PUBLIC WORKS DEPARTMENT, NIRMAN BHAWAN, NEW
           DELHI 110 011
    3      THE EXECUTIVE ENGINEER
           CALICUT CENTRAL DIVISION, CENTRAL PUBLIC WORKS
           DEPARTMENT, KENDRIYA BHAVAN, II FLOOR, DUTT SAW MILL
           ROAD, KALLI P.O, CALICUT 673 003
    4      THE PAY AND ACCOUNTS OFFICER (IAW)
           MINISTRY OF URBAN DEPARTMENT, OFFICE OF THE DEPUTY
           CONTROLLER OF ACCOUNTS (S) INTERNAL AUDIT WING, 2ND
           FLOOR, SHASTRY BHAVAN ANNEXE 26 HADDOWS ROAD, CHENNAI
           600 006.
           BY ADV T.C.GOVINDA SWAMY

     THIS OP (CAT) HAVING COME UP                         FOR ADMISSION ON
08.09.2021, THE COURT ON THE SAME                        DAY DELIVERED THE
FOLLOWING:
 O.P(CAT) No.61 of 2021
                                        2


     ALEXANDER THOMAS & A. BADHARUDEEN, JJ.
    ===========================================
                 O.P(CAT) No.61 of 2021
       (arising out of the order dated 5.4.2019 in OA/180/00819/2014
                            on the file of C.A.T , EKM)
    ===========================================
           Dated this the 8th day of September, 2021

    Alexander Thomas, J.

                              JUDGMENT

The prayers in the instant original petition (filed

by the original applicants in Ext.P1 No.819/2014

before the CAT, Ernakulam Bench) are as follows (see

page No.10 of the paper book of this OP):

"...for these and other reasons to be submitted at the time of hearing, it is most respectfully prayed that this Hon'ble Court may be pleased to set aside Ext.P5 and Ext.P2 orders in original Application No.180/00819/2014 dated 5.4.2018 of the Central Administrative Tribunal, Ernakulam Bench, in the interest of justice."

2. The prayers in the instant Ext.P1 Original Application

OA No.819/2014 filed by the respondent herein/original applicant

before the Central Administrative Tribunal, Ernakulam Bench are

as follows (see Page No.23 of the paper book):

"i) Call for the records leading to the issue of A1 and A15 and quash the same;

O.P(CAT) No.61 of 2021

ii) Direct the respondents to continue to grant the applicant the basic pay and other allowances as if Annexures A1 and A15 had not been issued at all.

iii) Award costs of and incidental to this application. iv) iv) Pass such other orders or directions as deemed just, fit and necessary in the facts and circumstances of the case."

2. Sri.P.Vijayakumar, learned Assistant Solicitor General of

India appearing for the petitioner in the OP/respondents in the

OA and Sri.T.C.Govindaswamy, learned Counsel appearing for

the sole respondent in the OP/sole applicant in the OA before

the Tribunal.

3. The Tribunal after hearing both sides has rendered

impugned Ext.P6 final order dated 5.4.2018, which reads as

follows (see Page No.126 of this OP):

Applicant submits that he agrees categorically that the fixation done on 17.8.1994 by the respondents is correct and therefore the respondents will be eligible to re-modulate and recalculate the benefits available to the applicant.

2. In regard to the 2 nd group of issue, it is submitted that it is covered by our own order in O.A.180/569/14 dated 3.4.2018 and therefore, though this original Application is allowed partly holding that our order so far as applicable to the applicants therein may be granted to the applicant for his benefit within three months from the date of receipt of a copy of this order. Fixation may be done from 17.8.2016. But, then it is made clear that both these factors may be combined together and the respondents will pass a speading order for a fresh fixation. The original Application is allowed as above.

4. The petitioners have made their submissions to

impugn Ext.P6 order on merits and whereas the sole O.P(CAT) No.61 of 2021

respondent herein/original applicant has made his respective

submissions to defend Ext.P6 order rendered by the Tribunal.

Further, Sri.P.Vijayakumar, learned Assistant Solicitor General

of India appearing for the petitioners herein would also submit

that the main reliance placed by the Tribunal in the impugned

Ext.P6 final order dated 3.4.2018 rendered by the Tribunal in

OA No.569/2014 and that the said final order rendered by the

Tribunal in OA No.569/2014 has already been stayed by this

Court in OP(CAT) No.179/2018, which is even now pending

consideration before this Court.

5. We did not get into the merits of any of the rival

submissions rival submissions made by the parties. This is for

the simple reason that bare perusal of impugned Ext.P6 final

verdict of the Tribunal would indicate that no proper reasoning

are given by the Tribunal for arriving at the conclusions stated

in Ext.P6. Hence, we suggested to both sides that without

adjudicating of the merits of the case, and solely for the

aforesaid reason, this Court may quash Ext.P6 final order and O.P(CAT) No.61 of 2021

remit the OA to the Tribunal for consideration afresh after

hearing both sides. so that the Tribunal may pass final orders

thereafter within three months also. Both sides have no serious

objection to the cause of action by this Court.

6. Accordingly, without getting to the merits of the

controversy in any manner, and solely for the reason that no

proper reasonings are given by the Tribunal in Ext.P6 order, it

is ordered that in the interest of justice Ext.P6 final order

dated 5.4.2018 rendered by the CAT, Ernakulam Bench in OA

No. 819/2014 will stand set aside and consequentially OA

No.819/2014 will stand restored to the file of the Tribunal for

consideration and decision afresh after hearing both sides. The

parties would be at liberty, if they so desire, to submit any

additional verdicts and this may be done without much delay,

preferably within three weeks. It may also be done without

formally waiting for the issuance of certified copy of the

judgment. So that, no further time will lost. The Tribunal may

take all necessary steps to ensure early consideration and O.P(CAT) No.61 of 2021

perusal of OA No.819/2014, without much delay, within a

period of three months from the certified copy of the

judgment. The Registry will forward a copy of this judgment to

the CAT, who is dealing with OA No.819/2014 for necessary

information.

With these observation and directions, the above original

petition will stand finally disposed of.

Sd/

ALEXANDER THOMAS, JUDGE

sd/ A. BADHARUDEEN, JUDGE

jm/ O.P(CAT) No.61 of 2021

APPENDIX OF OP (CAT) 61/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE OA NO. 180/00819/2014 DATED 26-09-2014 FILED BY THE RESPONDENT BEFORE THE CAT, ERNAKULAM BENCH Annexure A1 TRUE COPY OF LETTER BEARING NO. G.

25022/IAW/SZ/MOUD/CH/2013-14/143 DATED 04-11- 2013/02-12-2013 ISSUED BY THE PAY AND ACCOUNTS (IAW) Annexure A15 TRUE COPY OF THE LETTER BEARING NO. 81/CLTD/ 2014/493 DATED 09-09-2014 ISSUED BY 3RD RESPONDENT IN OA ALONG WITH LETTER NO. C- 18013/9/2014-EC VI/1016 DATED 29-08-2014 AND NOTIFICATION DATED 29-08-2008 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT IN OA Annexure A2 TRUE COPY OF THE OFFICE MEMO BEARING NO.

18/1/92-EXAM DATED 15-06-94 FROM THE OFFICE OF THE 2ND RESPONDENT IN OA Annexure A3 TRUE COPY OF LETTER BEARING NO.

8(13)94/BCC/E.1/2894 DATED 12 SEP 1994, ISSUED BY THE EXECUTIVE ENGINEER (HQ) CPWD, BANGALORE Annexure A4 TRUE COPY OF OFFICE ORDER BEARING NO.

8(13)/95/BCC/E1/2040 DATED 23-06-1995 ISSUED BY THE EXECUTIVE ENGINEER (HQ) CPWD BANGALORE Annexure A5 TRUE COPY OF OFFICE ORDER BEARING NO.

179/2007 DATED 23-10-2007 A TRUE COPY OF WHICH ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT IN OA Annexure A6 TRUE COPY OF PAY FIXATION TABLE DATED 09-01-

2009 ISSUED BY THE EXECUTIVE ENGINEER (HQ) CPWD BANGALORE Annexure A7 TRUE COPY OF THE OFFICE MEMORANDUM BEARING NO. 61(33)/CLTCD/2011/447 DATED 14-07-2011, ISSUED BY THE 3RD RESPONDENT IN OA Annexure A8 TRUE COPY OF REPRESENTATION DATED 29-07-2011 ADDRESSED TO THE 3RD RESPONDENT IN OA Annexure A9 TRUE COPY OF FR 22(1) (A) (1) Annexure A10 TRUE COPY OF OFFICE MEMORANDUM BEARING F.NO 1/1/2008-IC DATED 13-09-2008 ISSUED BY THE GOVERNMENT OF INDIA MINISTRY OF FINANCE, DEPARTMENT OF EXPENDITURE-(CLARIFICATION NO. 3 AND 6) O.P(CAT) No.61 of 2021

Annexure A11 TRUE COPY OF MINISTRY OF FINANCE , DEPARTMENT OF EXPENDITURE IMPLEMENTATION CELL U.O NO. 10/1/2019 IC DATED 14-12-2009 (CLARIFICATION 2 (C) Annexure A12 TRUE COPY OF THE ORDER DATED 03-02-2014 IN OA NO. 1221/2013 RENDERED BY THE HON'BLE CAT ERNAKULAM BENCH Annexure A13 TRUE COPY OF REPRESENTATION SUBMITTED BY THE APPLICATION TO THE DATED 02-03-2014 Annexure A14 TRUE COPY OF LETTER BEARING NO.

8(1)/CLTCD/2014/7/DATED 02-04-2014 ISSUED BY THE 3RD RESPONDENT IN OA Exhibit P2 TRUE COPY OF THE ORDER DATED 17-06-2019, MA NO. 180455/2019 IN OA 180/00819/2014 ISSUED BY THE CAT ERNAKULAM BENCH Exhibit P3 TRUE COPY OF THE REPLY STATEMENT IN OA 180/00819/2014 DATED 23-01-2015 FILED BY THE PETITIONER HEREIN BEFORE THE CAT, ERNAKULAM BENCH Annexure R1 TRUE COPY OF LETTER NO. G-

25022/306/IX/7/IAUD/CH/2011-12 DATED NIL 06-

Annexure R2 TRUE COPY OF LETTER NO. 61(33)/CLCTD/2011/447 DATED 14-07-2011 Annexure R3 TRUE COPY OF LETTER DATED 29-07-2011 Annexure R4 TRUE COPY OF LETTER NO. 61(330/CLCTCD/1079 DATED 20-12-2011 Annexure R5 TRUE COPY OF LETTER NO. G-

25022/IAW/SZ/MOUD/CH/2013-14/143 DATED 04-11- 2013 02-12-2013 Annexure R6 TRUE COPY OF LETTER NO. 8(6/94/COORD/SZ/1541 DATED 05-08-1994 Annexure R7 TRUE COPY OF LETTER NO. 8(13)/95/BCC/E1/2040 DATED 23-06-1995 Annexure R8 TRUE COPY OF LETTER NO. 891)/CLTCD/2014/166 DATED 23-05-2014 Annexure R9 TRUE COPY OF LETTER NO. C-18013/9/2014-EC VI/1016 DATED 29-08-2014 Annexure R10 TRUE COPY OF LETTER NO. 8(1)/CLTCD/2014/493 DATED 09-09-2014 Exhibit P4 TRUE COPY OF THE REJOINDER/REPLY IN OA 180/00819/2014 DATED 03-02-2015 FILED BEFORE THE CAT ERNAKULAM BENCH O.P(CAT) No.61 of 2021

Annexure A 16 TRUE COPY OF THE ORDER BEARING NO. 480-

ENTT1/133-2011 DATED 134-06-2011 ISSUED FROM THE OFFICE OF THE COMPROLLER AND AUDITOR GENERAL OF INDIA, NEW DELHI Exhibit P5 TRUE COPY OF THE ORDER DATED 05-04-2018 IN OA 180/00819/2014 DATED ISSUED BY THE CAT , ERNAKULAM BENCH Exhibit P6 TRUE COPY OF THE MISCELLANEOUS APPLICATION FOR CORRECTING THE ERRORS IN THE ORDER , M.A NO. 180/00455/2018 IN O.A NO. 180/00819/2014 DATED 09-11-2018 FILED BEFORE THE CAT ERNAKULAM BENCH Annexure MA 1 TRUE COPY OF THE ORDER DATED 05-04--2018 IN OA NO. 819/2014 Annexure MA 2 TRUE COPY COPY OF LETTER NO. C-18013/9/2014-

EC VI/1016 DATED 29-08-2014.