Kerala High Court
Union Of India vs K.Sreedharan on 22 November, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 22ND DAY OF NOVEMBER 2022/1ST AGRAHAYANA, 1944
O.P.(CAT).NO.111 OF 2020
AGAINST THE ORDER DATED 16.12.2019 IN O.A.NO.180/00840/2018 OF
CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS/RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS GENERAL MANAGER,
SOUTHERN RAILWAY,PARK TOWN,
CHENNAI-600 001.
2 THE SENIOR DIVISIONAL PERSONNEL OFFICER,
SOUTHERN RAILWAY,TRIVANDRUM DIVISION,
TRIVANDRUM-695 014.
BY SRI.MANU S., DEPUTY SOLICITOR GENERAL OF INDIA
BY SRI.VINU T.V., CGC
BY ADV.SRI.N.K.SUBRAMANIAN
RESPONDENTS/APPLICANTS:
1 PAVITHRAN K,
S/O.VELLAN, RETIRED CHIEF TICKET INSPECTOR,
TRIVANDRUM DIVISION,SOUTHERN RAILWAY,
RESIDING AT KANNATH HOUSE,JAYA NIVAS,
M.L.A. ROAD, UDAYAMPEROOR P.O.,
ERNAKULAM-682 307.
2 M.A.VARGHESE,
S/O.M.V.ELIAS,
RETIRED CHIEF TICKET INSPECTOR,
TRIVANDRUM DIVISION, SOUTHERN RAILWAY,
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 2 ::
154, 187, 213, 214 & 216
OF 2020
RESIDING AT MARATTU HOUSE, ALATTUCHIRA
P.O.,PERUMBAVOOR-683 544.
BY ADV.SRI.MARTIN G.THOTTAN
THIS O.P(CAT) HAVING COME UP FOR ADMISSION ON
15.11.2022 ALONG WITH O.P.(CAT).NO.61/2020 AND CONNECTED
CASES, THE COURT ON 22.11.2022 DELIVERED THE FOLLOWING:
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 3 ::
154, 187, 213, 214 & 216
OF 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 22ND DAY OF NOVEMBER 2022/1ST AGRAHAYANA, 1944
O.P.(CAT).NO.61 OF 2020
AGAINST THE ORDER DATED 03.12.2019 IN O.A.NO.180/00069/2019 OF
CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS/RESPONDENTS IN THE ORIGINAL APPLICATION:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
PERSONNEL AND TRAINING, NORTH BLOCK, NEW DELHI-110001.
2 CHIEF COMMISSIONER OF CENTRAL TAXES AND CUSTOMS,
CENTRAL REVENUE BUILDING, I.S.PRESS ROAD,
COCHIN-682018.
3 COMMISSIONER OF CENTRAL TAXES AND CUSTOMS,
CENTRAL REVENUE BUILDING, I.S.PRESS ROAD,
COCHIN-682018.
4 PAY AND ACCOUNTS OFFICER,
CENTRAL EXCISE AND CUSTOMS, CENTRAL REVENUE
BUILDING, I.S.PRESS ROAD, COCHIN-682018.
BY SRI.MANU S., DEPUTY SOLICITOR GENERAL OF INDIA
BY SRI.VINU T.V., CGC
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 4 ::
154, 187, 213, 214 & 216
OF 2020
RESPONDENT/APPLICANT IN THE ORIGINAL APPLICATION:
SHRI.P.C.MATHEW
AGED 68 YEARS
S/O.LATE CHACKO, DEPUTY COMMISSIONER OF
CENTRAL EXCISE (RETD.), POLAKANDATHIL HOUSE,
VARANAM P.O., CHERTHALA, ALAPPUZHA-688555.
BY ADV.SRI.C.S.GOPALAKRISHNAN NAIR
BY ADV.SMT.YAMI SETHUKUMAR(K/002379/2021)
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON
15.11.2022 ALONG WITH O.P.(CAT).111/2020 AND CONNECTED
CASES, THE COURT ON 22.11.2022 DELIVERED THE FOLLOWING:
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 5 ::
154, 187, 213, 214 & 216
OF 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 22ND DAY OF NOVEMBER 2022/1ST AGRAHAYANA, 1944
O.P.(CAT).NO.64 OF 2020
AGAINST THE ORDER DATED 31.12.2019 IN O.A.NO.180/0936/2019 OF
THE CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS/RESPONDENTS IN THE ORIGINAL APPLICATION:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
PERSONNEL AND TRAINING, NORTH BLOCK,
NEW DELHI-110 001.
2 CHIEF COMMISSINER OF CENTRAL TAXES AND CUSTOMS,
CENTRAL REVENUE BUILDING, I.S.PRESS ROAD,
COCHIN-682 018.
3 COMMISSIONER OF CENTRAL TAXES AND CUSTOMS,
CENTRAL REVENUE BUILDING, I.S.PRESS ROAD,
COCHIN-682 018.
4 ASSISTANT COMMISSIONER OF CENTRAL TAXES AND CUSTOMS,
CENTRAL REVENUE BUILDINGS, SHAKTHAN THAMBURAN NAGAR,
TRICHUR-680 001.
5 PAY AND ACCOUNTS OFFICER,
CENTRAL EXCISE, CENTRAL REVENUE BUILDING,
I.S.PRESS ROAD, COCHIN-682 018.
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 6 ::
154, 187, 213, 214 & 216
OF 2020
BY SRI.MANU S., DEPUTY SOLICITOR GENERAL OF INDIA
BY SRI.VINU T.V., CGC
RESPONDENT/APPLICANT IN THE ORIGINAL APPLICATION:
SHRI.K.K.KESAVAN NAMBOODIRI
AGED 65 YEARS
S/O.LATE KESAVAN NAMBOODIRI, SUPERINTENDENT OF
CENTRAL EXCISE (RETD.)., "RACHANA", KOTTILLIL LANE,
KANATTUKARA P.O., TRICHUR DISTRICT-680 011,
(MOBILE NO.9447278700).
BY ADV.SRI.C.S.GOPALAKRISHNAN NAIR
BY ADV.SMT.RASHMI K.R.
THIS O.P.(CAT) HAVING COME UP FOR ADMISSION ON
15.11.2022 ALONG WITH O.P.(CAT).111/2020 AND CONNECTED
CASES, THE COURT ON 22.11.2022 DELIVERED THE FOLLOWING:
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 7 ::
154, 187, 213, 214 & 216
OF 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 22ND DAY OF NOVEMBER 2022/1ST AGRAHAYANA, 1944
O.P.(CAT).NO.66 OF 2020
AGAINST THE ORDER DATED 31.12.2019 IN O.A.NO.180/00356/2019 OF
CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS/RESPONDENTS IN THE ORIGINAL APPLICATION:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PERSONNEL
AND TRAINING, NORTH BLOCK, NEW DELHI-110 001
2 CHIEF COMMISSIONER OF CENTRAL TAXES AND CUSTOMS
CENTRAL REVENUE BUILDING, I S PRESS ROAD,
COCHIN-682 018
3 COMMISSIONER OF CENTRAL TAXES AND CUSTOMS,
CENTRAL REVENUE BUILDING, I S PRESS ROAD,
COCHIN-682 018
4 PAY AND ACCOUNTS OFFICER,
CENTRAL EXCISE, CENTRAL REVENUE BUILDING,
I S PRESS ROAD, COCHIN-682 018
BY SRI.MANU S., DEPUTY SOLICITOR GENERAL OF INDIA
BY SRI.VINU T.V., CGC
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 8 ::
154, 187, 213, 214 & 216
OF 2020
RESPONDENT/APPLICANT IN THE ORIGINAL APPLICATION:
SHRI.M.K.SASIDHARA MENON
S/O. LATE BHASKARAN NAIR, AGED 68 YEARS,
SUPERINTENDENT OF CENTRAL EXCISE (RETD), 37/684,
DEEPTHI PONEVAZHY NEW CROSS ROAD, AIMS PONEKARA P.O.,
COCHIN-682 041
BY ADV.SRI.C.S.GOPALAKRISHNAN NAIR
THIS O.P.(CAT) HAVING COME UP FOR ADMISSION ON
15.11.2022 ALONG WITH O.P.(CAT).NO.111/2020 AND CONNECTED
CASES, THE COURT ON 22.11.2022 DELIVERED THE FOLLOWING:
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 9 ::
154, 187, 213, 214 & 216
OF 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 22ND DAY OF NOVEMBER 2022/1ST AGRAHAYANA, 1944
O.P.(CAT).NO.67 OF 2020
AGAINST THE ORDER DATED 03.12.2019 IN O.A.NO.180/01055/2018 OF
CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS/RESPONDENTS IN THE ORIGINAL APPLICATION:
1 UNION OF INDIA,
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
PERSONNEL AND TRAINING, NORTH BLOCK NEW DELHI-110001.
2 CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS,
NORTH BLOCK NEW DELHI-110001.
3 CHIEF COMMISSIONER OF CENTRAL TAXES AND CUSTOMS,
CENTRAL REVENUE BUILDING, I.S. PRESS ROAD,
COCHIN-682018.
4 COMMISSIONER OF CENTRAL TAXES AND CUSTOMS,
CENTRAL REVENUE BUILDING, I.S. PRESS ROAD,
COCHIN-682018.
5 CHIEF ACCOUTNS OFFICER,
CENTRAL REVENUE BUILDINGS, I.S. PRESS ROAD,
COCHIN-682018.
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 10 ::
154, 187, 213, 214 & 216
OF 2020
BY SRI.MANU S., DEPUTY SOLICITOR GENERAL OF INDIA
BY SRI.VINU T.V., CGC
RESPONDENT/APPLICANT IN THE ORIGINAL APPLICATION:
K.SREEDHARAN,
S/O. LATE KUNJUCHERUKKAN, AGED 70 YEARS,
JOINT COMMISSIONER OF CENTRAL EXCISE (RETD.),
SREEBHAVANAM, CHIRAKADAVAM, KAYAMKULAM,
ALAPPUZHA DISTRICT-690502.
BY ADV.SRI.C.S.GOPALAKRISHNAN NAIR
BY ADV.SMT.RASHMI K.R.
THIS O.P.(CAT) HAVING COME UP FOR ADMISSION ON
15.11.2022 ALONG WITH O.P.(CAT).NO.111/2020 AND CONNECTED
CASES, THE COURT ON 22.11.2022 DELIVERED THE FOLLOWING:
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 11 ::
154, 187, 213, 214 & 216
OF 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 22ND DAY OF NOVEMBER 2022/1ST AGRAHAYANA, 1944
O.P.(CAT).NO.90 OF 2020
AGAINST THE ORDER DATED 3.12.2019 IN O.A.NO.150/2019 OF CENTRAL
ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS:
1 THE ACCOUNTANT GENERAL (G AND SSA)
KERALA, THIRUVANANTHAPURAM-695001.
2 THE DEPUTY ACCOUNTANT GENERAL (AUDIT),
KERALA, THRISSUR BRANCH, THRISSUR-680020.
3 THE PAY AND ACCOUNTS OFFICER,
OFFICE OF PRINCIPAL ACCOUNTANT GENERAL, KERALA,
THIRUVANANTHAPURAM.
BY ADV.SRI.K.I.MAYANKUTTY MATHER
RESPONDENTS:
1 G.SAHARAJAN NAIR,
AGED 69 YEARS
S/O.MADHAVAN PILLAI, AUDIT OFFICER, (RETD.)
OFFICE OF THE ACCOUNTANT GENERAL (AUDIT),
ORAYAMPURATH, S.N.ROAD, KOORKANCHERY P.O.,
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 12 ::
154, 187, 213, 214 & 216
OF 2020
THRISSUR-680002.
2 P.M.USHA,
AGED 69 YEARS
D/O.PANIKKASSERY RAMAN MAMA, AUDIT OFFICER(RETD.),
OFFICE OF THE ACCOUNTANT GENERAL (AUDIT),
ORAYAMPURATH, S.N.ROAD, KOORKANCHERRY P.O.,
THRISSUR-680007.
3 P.VENUGOPALAN,
AGED 72 YEARS
S/O.V.C.GOVINDAN NAIR, SENIOR AUDIT OFFICER (RETD.),
OFFICE OF ACCOUNTANT GENERAL (AUDIT), 'PALLAVI',
RANAGMALIKAPURAM, POOTHOLE P.O., THRISSUR-680004.
4 UNION OF INDIA,
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
PERSONNEL AND TRAINING, NORTH BLOCK,
NEW DELHI-110001.
BY ADV.SRI.C.S.GOPALAKRISHNAN NAIR
BY ADV.SMT.RASHMI K.R.
THIS O.P(CAT) HAVING COME UP FOR ADMISSION ON
15.11.2022 ALONG WITH O.P.(CAT).NO.111/2020 AND CONNECTED
CASES, THE COURT ON 22.11.2022 DELIVERED THE FOLLOWING:
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 13 ::
154, 187, 213, 214 & 216
OF 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 22ND DAY OF NOVEMBER 2022/1ST AGRAHAYANA, 1944
O.P.(CAT).NO.92 OF 2020
AGAINST THE ORDER DATED 3.12.2019 IN O.A.NO.213/2019 OF CENTRAL
ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS:
1 THE ACCOUNTANT GENERAL (A AND E)
KERALA, THIRUVANANTHAPURAM - 695 001.
2 THE DEPUTY ACCOUNTANT GENERAL (A AND E)
KERALA, THRISSUR BRANCH, THRISSUR - 680 020.
3 THE PAY AND ACCOUNTS OFFICER
OFFICE OF ACCOUNTANT GENERAL OF KERALA,
THIRUVANANTHAPURAM - 695 001.
BY ADV.SRI.K.I.MAYANKUTTY MATHER
RESPONDENTS:
1 THAMBI J.KOLLANOOR
S/O. OF LATE JOSEPH KOLLANOOR, AGED 72 YEARS,
OFFICE OF ACCOUNTANT GENERAL (A AND E), 'UPAHAR',
UDAYA NAGAR, CHEMBUKAVU, MYLIPADAM, THRISSUR H.P.O.,
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 14 ::
154, 187, 213, 214 & 216
OF 2020
THRISSUR - 680 020.
2 UNION OF INDIA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
PERSONNEL AND TRAINING, NORTH BLOCK,
NEW DELHI - 110 001.
BY ADV.SRI.C.S.GOPALAKRISHNAN NAIR
BY SRI.MANU S., DEPUTY SOLICITOR GENERAL OF INDIA
BY SRI.VINU T.V., CGC
THIS O.P.(CAT) HAVING COME UP FOR ADMISSION ON
15.11.2022 ALONG WITH O.P.(CAT).NO.111/2020 AND CONNECTED
CASES, THE COURT ON 22.11.2022 DELIVERED THE FOLLOWING:
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 15 ::
154, 187, 213, 214 & 216
OF 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 22ND DAY OF NOVEMBER 2022/1ST AGRAHAYANA, 1944
O.P.(CAT).NO.95 OF 2020
AGAINST THE ORDER DATED 3.12.2019 IN O.A.NO.168/2019 OF CENTRAL
ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS/RESPONDENTS 2 TO 4:
1 THE ACCOUNTANT GENERAL (G AND SSA)
KERALA, THIRUVANANTHAPURAM 695 001
2 THE DEPUTY ACCOUNTANT GENERAL (A AND E)
KERALA, THRISSUR BRANCH, THRISSUR 680 020
3 THE PAY AND ACCOUNTS OFFICER,
OFFICE OF ACCOUNTANT GENERAL , KERALA,
THIRUVANANTHAPURAM 695 001
BY ADV.SRI.K.I.MAYANKUTTY MATHER
RESPONDENTS:
1 P.SUKUMARAN
AGED 71 YEARS
S/O. LATE PANGI, OFFICE OF THE ACCOUNTANT GENERAL
(A AND E), VAISAKH, ANAMARI P.O, KOLLENGODE,
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 16 ::
154, 187, 213, 214 & 216
OF 2020
PALAKKAD 678 506
2 N. BALAKRISHNAN,
S/O. LATE K P VASUDEVAN NAIR,
AGED 72 YEARS, SENIOR ACCOUNTAT (RETD),
OFFICE OF ACCOUNTANT GENERAL (A AND E),
PRIYA NIVAS, KINASSERY P.O, VIA KANNADI,
PALAKKAD DISTRICT 678 701
3 UNION OF INDIA,
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
PERSONNEL AND TRAINING, NORTH BLOCK,
NEW DELHI G.P.O 110 001
BY SRI.MANU S., DEPUTY SOLICITOR GENERAL OF INDIA
BY SRI.VINU T.V., CGC
THIS O.P.(CAT) HAVING COME UP FOR ADMISSION ON
15.11.2022 ALONG WITH O.P.(CAT).NO.111/2020 AND CONNECTED
CASES, THE COURT ON 22.11.2022 DELIVERED THE FOLLOWING:
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 17 ::
154, 187, 213, 214 & 216
OF 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 22ND DAY OF NOVEMBER 2022/1ST AGRAHAYANA, 1944
O.P.(CAT).NO.98 OF 2020
AGAINST THE ORDER DATED 3.12.2019 IN O.A.NO.169/2019 OF CENTRAL
ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS:
1 THE ACCOUNTANT GENERAL (A AND E)
KERALA, THIRUVANANTHAPURAM-695 001.
2 THE DEPUTY ACCOUNTANT GENERAL ( A AND E),
KERALA, THRISSUR BRANCH, THRISSUR-680 020.
3 THE PAY AND ACCOUNTS OFFICER,
OFFICE OF ACCOUNTANT GENERAL, KERALA,
THIRUVANANTHAPURAM-695 001.
BY ADV.SRI.K.I.MAYANKUTTY MATHER
RESPONDENTS:
1 CHANDRIKA VARMA
AGED 67 YEARS
W/O.T.R.R.VARMA, SENIOR ACCOUNTANT(RETD.), 'SWATI',
NEAR AYYANTHOLE GROUND, AYYANTHOLE P.O.,
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 18 ::
154, 187, 213, 214 & 216
OF 2020
THRISSUR-680 003.
2 UNION OF INDIA,
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
PERSONNEL AND TRAINING, NORTH BLOCK,
NEW DELHI-110 001.
BY SRI.MANU S., DEPUTY SOLICITOR GENERAL OF INDIA
BY SRI.VINU T.V., CGC
BY ADV.SRI.C.S.GOPALAKRISHNAN NAIR
THIS O.P.(CAT) HAVING COME UP FOR ADMISSION ON
15.11.2022 ALONG WITH O.P.(CAT).NO.111/2020 AND CONNECTED
CASES, THE COURT ON 22.11.2022 DELIVERED THE FOLLOWING:
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 19 ::
154, 187, 213, 214 & 216
OF 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 22ND DAY OF NOVEMBER 2022/1ST AGRAHAYANA, 1944
O.P.(CAT).NO.107 OF 2020
AGAINST THE ORDER DATED 3.12.2019 IN O.A.NO.163/2019 OF CENTRAL
ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS/RESPONDENTS 2 TO 4:
1 THE ACCOUNTANT GENERAL (A & E)
KERALA, THIRUVANANTHAPURAM-695 001
2 THE DEPUTY ACCOUNTANT GENERAL (A & E)
KERALA, THRISSUR BRANCH, THRISSUR-680 020
3 THE PAY AND ACCOUNTS OFFICER,
OFFICE OF ACCOUNTANT GENERAL, KERALA,
THIRUVANANTHAPURAM-695 001
BY ADV.SRI.K.I.MAYANKUTTY MATHER
RESPONDENTS/APPLICANT AND RESPONDENT NO.1:
1 P.SANTHA KUMARI
D/O. LATE GOPALA MENON, AGED 67 YEARS,
ACCOUNTANT OFFICER (RETD), OFFICE OF ACCOUNTANT
GENERAL (A & E), FLAT NO.60 JM HBITAT, SASTRI ROAD,
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 20 ::
154, 187, 213, 214 & 216
OF 2020
VADUTHALA P.O., KOCHI-682 023
2 UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF PERSONNEL AND TRAINING,
NORTH BLOCK, NEW DELHI-110 001
BY SRI.MANU S., DEPUTY SOLICITOR GENERAL OF INDIA
BY SRI.VINU T.V., CGC
BY ADV.SRI.C.S.GOPALAKRISHNAN NAIR
THIS O.P.(CAT) HAVING COME UP FOR ADMISSION ON
15.11.2022 ALONG WITH O.P.(CAT).NO.111/2020 AND CONNECTED
CASES, THE COURT ON 22.11.2022 DELIVERED THE FOLLOWING:
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 21 ::
154, 187, 213, 214 & 216
OF 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 22ND DAY OF NOVEMBER 2022/1ST AGRAHAYANA, 1944
O.P.(CAT).NO.154 OF 2020
AGAINST THE ORDER DATED 13.01.2020 IN O.A.NO.180/00884/2019 OF
CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS/RESPONDENTS IN THE ORIGINAL APPLICATION:
1 UNION OF INDIA
REP. BY SECRETARY, MINISTRY OF PERSONNEL, PUBLIC
GRIEVANCES AND PENSIONS, (DEPARTMENT OF PERSONNEL
AND TRAINING), NEW DELHI-110003.
2 THE DEPUTY CHIEF ENGINEER (LAKSHADWEEP),
ANDAMAN LAKSHADWEEP HARBOUR WORKS, KAVARATTI
ISLAND, UNION TERRITORY OF LAKSHADWEEP-682555.
3 THE CHIEF ENGINEER AND ADMINISTRATOR,
ANDAMAN LAKSHADWEEP HARBOUR WORKS, PORT BLAIR,
ANDAMAN-110001.
BY SRI.MANU S., DEPUTY SOLICITOR GENERAL OF INDIA
BY SRI.VINU T.V., CGC
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 22 ::
154, 187, 213, 214 & 216
OF 2020
RESPONDENTS/APPLICANT IN THE ORIGINAL APPLICATION:
1 HAMZA K.
AGED 66 YEARS
S/O.LATE KHALID, RETD. CRANE OPERATOR, ANDAMAN
LAKSHADWEEP HARBOUR WORKS, AMINI KANDIKAM HOUSE,
AMINI ISLAND-682 552, UNION TERRITORY OF LAKSHADWEEP.
2 CHERIYAKOYA K.,
AGED 66 YEARS
S/O. LATE YOUSEF A.C., RETD. BARBENDER CUM
BLACKSMITH, ANDAMAN LAKSHADWEEP HARBOUR WORKS,
AMINI, KOORMEL HOUSE, AMINI ISLAND-682 552,
UNION TERRITORY OF LAKSHADWEEP.
3 SHABAN K.C.,
AGED 66 YEARS
S/O. LATE YOUSEF A.C., RETD. DRIVER, ANDAMAN
LAKSHADWEEP HARBOUR WORKS, AMINI KUNNALACHETTA
HOUSE, AMINI ISLAND-682552, UNION TERRITORY OF
LAKSHADWEEP.
BY ADV.SRI.SAIBY JOSE KIDANGOOR
BY ADV.SRI.BENNY ANTONY PAREL
BY ADV.SRI.P.M.MOHAMMED SALIH
BY ADV.SRI.ADITHYA KIRAN V.E
BY ADV.SMT.ANJALI NAIR
BY ADV.SRI.IRINE MATHEW
THIS O.P(CAT) HAVING COME UP FOR ADMISSION ON
15.11.2022 ALONG WITH O.P.(CAT).NO.111/2020 AND CONNECTED
CASES, THE COURT ON 22.11.2022 DELIVERED THE FOLLOWING:
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 23 ::
154, 187, 213, 214 & 216
OF 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 22ND DAY OF NOVEMBER 2022/1ST AGRAHAYANA, 1944
O.P.(CAT).NO.187 OF 2020
AGAINST THE ORDER DATED 03.12.2019 IN OA.NO.180/00071/2019 OF
CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY, DEPARTMENT OF
PERSONNEL AND TRAINING, NORTH BLOCK,
NEW DELHI 110 001
2 CHIEF COMMISSIONER OF CENTRAL EXCISE & CUSTOMS,
CENTRAL REVENUE BUILDING, I.S PRESS ROAD,
COCHIN 682 018
3 COMMISSIONER OF CUSTOMS (PREVENTIVE)
CATHOLIC CENTRE, BRAODWAY, COCHIN 682 031
4 PAY AND ACCOUNTS OFFICER,
CUSTOMS HOUSE, WILLINGDON ISLAND, COCHIN 682 009
BY SRI.MANU S., DEPUTY SOLICITOR GENERAL OF INDIA
BY SRI.VINU T.V., CGC
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 24 ::
154, 187, 213, 214 & 216
OF 2020
RESPONDENT:
P.V.SUJATHA
W/O. N.K KRISHNAN, ADMINISTRATIVE OFFICER (RETD),
CENTRAL EXCISE, SUKRISHA, SREEVILASOM ROAD,
VALIYAPADAM, EDAPALLY P.O,
COCHIN 682 024
BY ADV.SRI.C.S.GOPALAKRISHNAN NAIR
THIS O.P.(CAT) HAVING COME UP FOR ADMISSION ON
15.11.2022 ALONG WITH O.P.(CAT).NO.111/2020 AND CONNECTED
CASES, THE COURT ON 22.11.2022 DELIVERED THE FOLLOWING:
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 25 ::
154, 187, 213, 214 & 216
OF 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 22ND DAY OF NOVEMBER 2022/1ST AGRAHAYANA, 1944
O.P.CAT).NO.213 OF 2020
AGAINST THE ORDER DATED 01.12.2019 IN O.A.NO.180/00134/2019 OF
CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS/RESPONDENTS IN THE ORIGINAL APPLICATION:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
PERSONNEL AND TRAINING, NORTH BLOCK,
NEW DELHI-110 001.
2 FLAG OFFICER COMMANDING-IN-CHIEF
SOUTHERN NAVAL COMMAND, COCHIN-682 004.
3 COMMANDING OFFICER
INS, VENDURUTHY, SOUTH NAVAL COMMAND,
COCHIN-682 004.
4 MATERIAL SUPERINTENDENT
MATERIAL ORGANIZATION, SOUTHERN NAVAL COMMAND,
COCHIN-682 004.
5 ADMIRAL SUPERINTENDENT
NAVAL SHIP REPAIR YARD, COCHIN-682 004.
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 26 ::
154, 187, 213, 214 & 216
OF 2020
6 COMMANDING OFFICER
INS GARUDA, SOUTHERN NAVAL COMMAND, COCHIN-682 004.
7 DEPUTY CONTROLLER OF DEFENCE ACCOUNTS (NAVY),
PERUMANOOR P.O., COCHIN-682 015.
8 PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS (PENSION)
DRAUPATI GHAT, ALLAHABAD-211 014.
BY SRI.MANU S., DEPUTY SOLICITOR GENERAL OF INDIA
BY SRI.VINU T.V., CGC
RESPONDENTS/APPLICANT IN THE ORIGINAL APPLICATION:
1 K.N.SICILY
AGED 65 YEARS
W/O. SHRI. T.K. SASIDHARAN, OFFICE SUPERINTENDENT
(RETD.), INS VENDURUTHY, ANUGRAHA, CHANGAMPUZHA
NAGAR PO, COCHIN-682 033.
2 B.SYAMAKUMARI
AGED 61 YEARS
D/O. LATE K. BHASKARA MENON, OFFICE SUPERINTENDENT
(RETD.), INS GARUDA, VISHNU VIHAR, SOUTH CHITTOOR
P.O., COCHIN-682 027.
3 B.VALSALA
AGED 61 YEARS
W/O. SHRI. K.N. MURALIDHARAN, OFFICE SUPERINTENDENT
(RETD.), INS GARUDA, ROHINI, PAMPAYMOOLA, NEAR
KANNANGAD TEMPLE ROAD, EDAKOCHI P.O., COCHIN-682 010.
4 N.N.SATHIABHAMA
AGED 60 YEARS
W/O. SHRI. M.V.NANDAKUMAR, OFFICE SUPERINTENDENT
(RETD.), MATERIAL ORGANIZATION, NAVAL BASE,
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 27 ::
154, 187, 213, 214 & 216
OF 2020
MARATTIL HOUSE, KADEBHAGOM, PALLURUTHY P.O.,
COCHIN-682 006.
5 JUDIT PENSON
AGED 60 YEARS
W/O.SHRI.K.G.PENSON, MASTER CRAFTSMAN (RETD.),
NAVAL SHIP REPAIR YARD, KALYANAPARAMBIL HOUSE,
MUNDAMVELI P.O., COCHIN-682 507.
BY ADV.SRI.C.S.GOPALAKRISHNAN NAIR
BY ADV.SMT.RASHMI K.R.
THIS O.P.(CAT) HAVING COME UP FOR ADMISSION ON
15.11.2022 ALONG WITH O.P(CAT).NO.111/2020 AND CONNECTED
CASES, THE COURT ON 22.11.2022 DELIVERED THE FOLLOWING:
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 28 ::
154, 187, 213, 214 & 216
OF 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 22ND DAY OF NOVEMBER 2022/1ST AGRAHAYANA, 1944
O.P.(CAT).NO.214 OF 2020
AGAINST THE ORDER DATED 3.12.2019 IN O.A.NO.180/00109/2019 OF
CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS/RESPONDENTS IN THE ORIGINAL APPLICATION:
1 UNION OF INDIA
REP. BY ITS SECRETARY, DEPARTMENT OF PERSONNEL AND
TRAINING, NORTH BLOCK, NEW DELHI 110 001
2 CHIEF COMMISSIONER OF CENTRAL TAXES AND CUSTOMS
CENTRAL REVENUE BUILDING, I.S.PRESS ROAD, COCHIN 682
018
3 COMMISSIONER OF CUSTOMS
CUSTOM HOUSE, WILLINGTON ISLAND, COCHIN 682 009
4 PAY AND ACCOUNTS OFFICER
CUSTOMS, CUSTOM HOUSE, WILLINGTON ISLAND,
COCHIN 682 009
BY SRI.MANU S., DEPUTY SOLICITOR GENERAL OF INDIA
BY SRI.VINU T.V., CGC
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 29 ::
154, 187, 213, 214 & 216
OF 2020
RESPONDENTS/APPLICANT IN THE ORIGINAL APPLICATION:
C.C. JOHN
S/O.LATE CHACKO, AGED 67 YEARS, DEPUTY COMMISSIONER
OF CUSTOMS (RETD.), CHIRAMEL HOUSE, S.H.MOUNT P.O.,
KOTTAYAM 686 006
BY ADV.SRI.C.S.GOPALAKRISHNAN NAIR
THIS O.P.(CAT) HAVING COME UP FOR ADMISSION ON
15.11.2022 ALONG WITH O.P.(CAT).NO.111/2020 AND CONNECTED
CASES, THE COURT ON 22.11.2022 DELIVERED THE FOLLOWING:
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 30 ::
154, 187, 213, 214 & 216
OF 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 22ND DAY OF NOVEMBER 2022/1ST AGRAHAYANA, 1944
O.P.(CAT).NO.216 OF 2020
AGAINST THE ORDER DATED 3.12.2019 IN O.A.NO.180/00061/2019 OF
CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS/RESPONDENTS IN THE ORIGINAL APPLICATION:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
PERSONNEL AND TRAINING, NORTH BLOCK,
NEW DELHI-110 001.
2 CHIEF COMMISSIONER OF CENTRAL TAXES AND CUSTOMS
CENTRAL REVENUE BUILDING, I.S. PRESS ROAD,
COCHIN-682 018.
3 COMMISSIONER OF CUSTOMS
CUSTOM HOUSE, WILLINGTON ISLAND, COCHIN-682 009.
4 PAY AND ACCOUNTS OFFICER
CUSTOMS, CUSTOMS HOUSE, WILLINGTON ISLAND,
COCHIN-682 009.
BY SRI.MANU S., DEPUTY SOLICITOR GENERAL OF INDIA
BY SRI.VINU T.V., CGC
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 31 ::
154, 187, 213, 214 & 216
OF 2020
RESPONDENT/APPLICANT IN THE ORIGINAL APPLICATION:
P.E.MEERZA WAHEED
AGED 68 YEARS
S/O. P.M.IBRAHIM, DEPUTY COMMISSIONER OF CENTRAL
EXCISE (RETD.), HOUSE NO.44/619, PUTHOKODE,
ST.MARTIN CHURCH ROAD, PALARIVATTOM, COCHIN-682 025.
BY ADV.SRI.C.S.GOPALAKRISHNAN NAIR
THIS O.P(CAT) HAVING COME UP FOR ADMISSION ON
15.11.2022 ALONG WITH O.P(CAT).NO.111/2020 AND CONNECTED
CASES, THE COURT ON 22.11.2022 DELIVERED THE FOLLOWING:
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 32 ::
154, 187, 213, 214 & 216
OF 2020
'C.R.'
JUDGMENT
A.K. Jayasankaran Nambiar, J.
The short issue that arises for consideration in these O.P.(CAT)'s
is whether a Government servant who retires on the last working day
of the preceding month and whose annual increment falls due on the
first of the succeeding month is entitled for sanction of annual
increment for the purposes of pension and gratuity ? This being the
sole issue on which the O.P.(CAT)'s have been preferred by the Union
of India, we do not deem it necessary to record the factual
circumstances arising in the individual cases.
2. Briefly stated, the facts that are common to all the cases are
that the respondents/applicants retired from their respective
establishments on attaining the age of superannuation. Their next
annual increment, had they continued in service, would have accrued
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 33 ::
154, 187, 213, 214 & 216
OF 2020
to them on the very next day. When their claim for reckoning the said
increment along with their last drawn pay for the purposes of their
retirement benefits did not yield a favourable response from the
Government, they approached the Central Administrative Tribunal
through the applications that were disposed by the impugned orders of
the Tribunal.
3. The Tribunal essentially followed the judgment of the Madras
High Court in P.Ayyamperumal v. Union of India and others -
[judgment dated 15.9.2017 in W.P.(C).No.15732/2017], the Special
Leave Petition [SLP] against which was dismissed by the Supreme
Court, to find that the respondents were entitled to the grant of annual
increment on their completion of one full year of service at the time of
their retirement for the purposes of pensionary benefits. It is
impugning the said finding of the Tribunal that the petitioners are
before us in these O.P.(CAT)'s.
4. We have heard Sri.Manu.S., the Deputy Solicitor General of
India, Sri.T.V. Vinu, the learned Central Government Counsel as also
Sri.K.I.Mayankutty Mather, the learned counsel for the petitioners in
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 34 ::
154, 187, 213, 214 & 216
OF 2020
these O.P.(CAT)'s and Sri.Martin G. Thottan, Sri.C.S.Gopalakrishnan
Nair and Sri.Saiby Jose Kidangoor, the learned counsel for the
respondents in all these O.P.(CAT)'s.
5. At the outset, we deem it apposite to notice the Rules
governing the issue, namely, the Fundamental Rules [F.R. 17, F.R. 24,
F.R. 56(a) and the 1st proviso to F.R. 56(a)] and Rules 3, 5, 14, 33 and
34 of the CCS (Pension) Rules, which read as follows:-
Fundamental Rules
"F.R. 17. (1) Subject to any exceptions specifically made in these rules
and to the provision of sub-rule (2), an officer shall begin to draw the pay and
allowances attached to his tenure of a post with effect from the date when he
assumes the duties of that post, and shall cease to draw them as soon as he
ceases to discharge those duties.
F.R. 24. An increment shall ordinarily be drawn as a matter of course
unless it is withheld. An increment may be withheld form a Government
servant by the Central Government or by any authority to whom the Central
Government may delegate this power under Rule 6, if his conduct has not been
good or his work has not been satisfactory. In ordering the withholding of an
increment, the withholding authority shall state the period for which it is
withheld, and whether the post-ponement shall have the effect of postponing
future increments.
F.R. 56(a). Except as otherwise provided in this rule, every
Government servant shall retire from service on the afternoon of the last day of
the month in which he attains the age of sixty years:
Provided that a Government servant whose date of birth is the first of a
month shall retire from service on the afternoon of the last day of the
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 35 ::
154, 187, 213, 214 & 216
OF 2020
preceding month on attaining the age of sixty years."
Central Civil Services (Pension) Rules
"Rule 3
Clauses 1(b) (e) and (q)
1(b) 'Average Emoluments' means average emoluments as determined in
accordance with Rule 34;
1(e) 'Emoluments' means emoluments as defined in Rule 33;
1(q) 'Qualifying Service' means service rendered while on duty or otherwise
which shall be taken into account for the purpose of pension and gratuities
admissible under these rules;
Rule 5
5. Regulation of claims to pension or family pension :- (1) Any claim to pension
or family pension shall be regulated by the provisions of these rules in force at
the time when a Government servant retires or is retired or is discharged or is
allowed to resign from service or dies, as the case may be.
(2) The day on which a Government servant retires or is retired or is
discharged or is allowed to resign from service, as the case may be, shall be
treated as his last working day. The date of death shall also be treated as a
working day.
Rule 14
14. Conditions subject to which service qualifies:-(1) The service of a
Government servant shall not qualify unless his duties and pay are regulated by
the Government, or under conditions determined by the Government.
(2) For the purposes of sub-rule (1), the expression "service" means service
under the Government and paid by that Government from the Consolidated
Fund of India or a Local Fund administered by that Government but does not
include service in a non-pensionable established unless such service is treated
as qualifying service by that Government.
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 36 ::
154, 187, 213, 214 & 216
OF 2020
(3) In the case of a Government servant belonging to a State Government, who
is permanently transferred to a service or post to which these rules apply, the
continuous service rendered under the State Government in an officiating or
temporary capacity, if any, followed without interruption by substantive
appointment, or the continuous service rendered under that Government in an
officiating or temporary capacity, as the case may be, shall qualify:
Provided that nothing contained in this sub-rule shall apply to any such
Government servant who is appointed otherwise than by deputation to a
service or post to which these rules apply,
Rule 33
33. Emoluments
The expression 'emoluments' means basic pay as defined in Rule 9(21)(a)(i) of
the Fundamental Rules which a Government servant was receiving
immediately before his retirement or on the date of his death; and will also
include non-practising allowance granted to Medical Officer in lieu of private
practice.
Explanation :-Stagnation increment shall be treated as emoluments for
calculation of retirement benefits.
Note 1 - If a Government servant immediately before his retirement or death
while in service had been absent from duty on leave for which leave salary is
payable or having been suspended had been reinstated without forfeiture of
service, the emoluments which he would have drawn had he not been absent
from duty or suspended shall be the emoluments for the purposes of this rule:
Provided that any increase in pay (other than the increment referred to
in Note 4) which is not actually drawn shall not form part of his
emoluments.
Note 2 - Where a Government servant immediately before his retirement or
death while in service had proceeded on leave for which leave salary is payable
after having held a higher appointment, whether in an officiating or temporary
capacity, the benefit of emoluments drawn in such higher appointment shall be
given only if it is certified that the Government servant would have continued
to hold the higher appointment but for his proceeding on leave.
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 37 ::
154, 187, 213, 214 & 216
OF 2020
Note 3 - If a Government servant immediately before his retirement or death
while in service had been absent from duty on extraordinary leave or had been
under suspension, the period whereof does not count as service, the
emoluments which he drew immediately before proceeding on such leave or
being placed under suspension shall be the emoluments for the purposes of
this rule.
Note 4 - If a Government servant immediately before his retirement or death
while in service, was on earned leave, and earned an increment which was not
withheld, such increment, though not actually drawn, shall form part of his
emoluments.
Provided that the increment was earned during the currency of the earned
leave not exceeding one hundred and twenty days, or during the first one
hundred and twenty days of earned leave where such leave was for more than
one hundred and twenty days.
Note 5 - Deleted
Note 6 - Pay drawn by a Government servant while on deputation to the Armed
Forces of India shall be treated as emoluments.
Note 7 - Pay drawn by a Government servant while on foreign service shall not
be treated as emoluments, but the pay which he would have drawn under the
Government had he not been on foreign service shall alone be treated as
emoluments.
Note 8 - Where a pensioner who is re-employed in Government service elects
in terms of Clause (a) of sub-rule (1) of Rule 18 or clause (a) of sub-rule (1) of
Rule 19 to retain his pension for earlier service and whose pay on re-
employment has been reduced by an amount not exceeding his pension, the
element of pension by which his pay is reduced shall be treated as emoluments.
Note 9 - Deleted.
Note 10 - When a Government servant has been transferred to an autonomous
body consequent on the conversion of a Department of the Government into
such a body and the Government servant so transferred opts to retain the
pensionary benefits under the rules of the Government, the emoluments drawn
under the autonomous body shall be treated as emoluments for the purpose of
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 38 ::
154, 187, 213, 214 & 216
OF 2020
this rule.
Rule 34
34. Average Emoluments
Average emoluments shall be determined with reference to the emoluments
drawn by a Government servant during the last ten months of his service.
Note 1 - If during the last ten months of his service, a Government servant had
been absent from duty on leave for which leave salary is payable or having
been suspended had been reinstated without forfeiture of service, the
emoluments which he would have drawn had he not been absent from duty or
suspended shall be taken into account for determining the average
emoluments:
Provided that any increase in pay (other than the increment referred to in
Note 3) which is not actually drawn shall not form part of his emoluments.
Note 2 - If, during the last ten months of his service, a Government servant had
been absent from duty on extraordinary leave, or had been under suspension
the period whereof does not count as service, the aforesaid period of leave or
suspension shall be disregarded in the calculation of the average emoluments
and equal period before the ten months shall be included.
Note 3 - In the case of a Government servant who was on earned leave during
the last ten months of his service and earned an increment, which was not
withheld, such increment though not actually drawn shall be included in the
average emoluments:
Provided that the increment was earned during the currency of the earned
leave not exceeding one hundred and twenty days or during the first one
hundred and twenty days of earned leave where such leave was for more than
one hundred and twenty days."
As can be seen from the aforesaid Rules, F.R. 17 disables a
Government servant from drawing pay and allowances attached to his
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 39 ::
154, 187, 213, 214 & 216
OF 2020
tenure of a post with effect from the date on which he ceases to
discharge the duties of that post. F.R. 24 makes it clear that an
increment is a part of the pay and allowances that a Government
servant is permitted to draw while he discharges duties of that post.
Thus, although an increment may accrue to a Government servant on a
particular day in a calender year, he must be discharging the duties
attached to the post as a pre-condition for drawing that increment. In
other words, the twin conditions that must be satisfied for drawing an
increment as per the Fundamental Rules are that (i) the Government
servant must be in service on the date on which the increment falls
due and (ii) he should have rendered satisfactory work and displayed
good conduct during the one year period preceding the date on which
the increment falls due. In the instant case, while it may be a fact that
the respondents had the requisite one year of satisfactory work with
good conduct, they did not satisfy the primary condition of being in
service on the date on which the increment fell due.
6. We note in this connection that a Full Bench of the Andhra
Pradesh High Court in Principal Accountant General and Others v.
C. Subba Rao - [2005 (2) ALT 25] considered the very same issue
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 40 ::
154, 187, 213, 214 & 216
OF 2020
against the back drop of the Fundamental Rules and the CCS
(Pension) Rules. The analysis of the provisions of the said Rules is to
be found in paragraphs 25 to 30 and 38 of the said judgment which
reads as follows:
"25. A conspectus of the above Rules would lead to the following: A
Government servant's qualifying service would commence from the date he
takes charge of the post to which he is first appointed either substantially or in
an officiating or temporary capacity (see Pension Rule 13). The same is
however subject to Rule 14, which is to the effect that the service of a
Government servant shall not qualify unless his duties and pay are regulated
by the Government or under conditions determined by the Government. That
is to say as long as a Government servant continued to be a Government
servant and paid from the consolidated fund of India or local fund
administered by the Government, he cannot be said to be on duty.
26. A Government servant, as per Rule 35, shall be granted superannuation
pension on his attaining age of compulsory retirement. Such Government
servant shall be paid pension based on the qualifying service and based on the
average emoluments drawn during the last ten months of his service. For the
purpose of qualifying service and calculating average emoluments, one has to
look to Rule 5 and Rule 34 of the Pension Rules. Rule 5(2) mandates that the
day on which a Government servant retires shall be treated as his last working
day. Reading Rule 5(2), Rules 33 and 34 of the Pension Rules, the conclusion is
irresistible that a Government servant is said to be on duty entitled for
emoluments till his last working day when he would retire and thereafter a
person ceases to be Government servant. After a Government servant retires
on his last working day, such Government servant would not be entitled to any
pay or any other benefits connected with pay.
27. As per Explanation to Rule 33 of the Pension Rules, only stagnation
increment shall be treated as emoluments for calculation of retirement
benefits and as per Rule 34, emoluments drawn by Government servant during
the last ten months of his service are treated as emoluments. But any increase
in pay, which is not actually drawn shall not form part of average emoluments,
though as per Note 4 below Rule 33 and Note 3 below Rule 34, increment
earned during earned leave during last ten months though not actually drawn
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 41 ::
154, 187, 213, 214 & 216
OF 2020
shall form part of average emoluments. Except in the case increment earned
during earned leave, no other increase can be treated as pay while determining
"average emoluments". This is made clear by proviso to Note 4 below Rule 33
and Rule 34. It lays down that any increase in pay which is not actually drawn
shall not form part of emoluments of Government servant.
28. Rule 33 used the phrase "pay which Government servant was receiving
immediately before retirement", and proviso to Note 1 of Rule 33 employs
words "pay not actually drawn" and Rule 34 uses phrase "emoluments drawn
by a Government servant during the last ten months of service" shall be
average emoluments. Similar language is used in proviso to Note 1 of Rule 34.
The 'past tense' used in these provisions would show whatever is not actually
drawn cannot form part of average emoluments for the purpose of pension.
This by necessary implication mean that increment which falls due and
payable after retirement cannot be considered for determining average
emoluments for the purpose of pension as it would-be "increase of pay" which
is not drawn and which is not paid. This legal position is further made clear by
Rules 35, 36, 38, 39 and 40 and Rule 83 of the Pension Rules. Rule 83 of the
Pension Rules deals with the date from which pension becomes payable and
reads as under:
83. Date from which pension becomes payable .'-(1) Except in the case of
a Government servant to whom the provisions of Rule 37 apply and
subject to the provisions of Rules 9 and 69, a pension other than family
pension shall become payable from the date on which a Government
servant ceases to be borne on the establishment.
(2) Pension including family pension shall be payable for the day on
which its recipient dies.
29. In plain terms, Rule 83 of the Pension Rules postulates that pension shall
become payable from the date on which a Government servant ceases to be
borne on the establishment. That only means a Government servant gets the
status of pensioner from the next day after date of retirement i.e., last day of
the month on which he is retired.
30. As per Article 151 of CS Regulations, annual increment payable to a
Government servant will accrue from the day following that day on which it is
earned. The Government servant would get a right for annual increment only
after conclusion of the year and therefore on the day when the increment falls
due, it would not become payable, but it would become payable only from the
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 42 ::
154, 187, 213, 214 & 216
OF 2020
next day. In a given case, if by reason of Rule 5 of the Pension Rules read with
F.R. 56 if a Government servant retires on the last day of the month, his annual
increment falls due on the next day, the same would become payable only from
second day of the month in which the increment falls due. In that view of the
matter as well, all the Government servants in these batch cases would not be
entitled to claim any increment as they ceased to be Government servants on
the mid-night of the last day of the month in which they attain the age of
superannuation.
38. The common law principles as well as relevant provisions in General
Clauses Act dealing with commencement and completion of the time as well as
calculation of time - be it day, month or year - do not support the contention of
the learned Counsel for respondents that the next day after the date of
retirement should also be considered for the purpose of granting annual
increment deeming the next day as the day of the retirement. We have already
held that a Government servant retiring on the last working day of the month
shall be deemed to have ceased to be Government employee with effect from
midnight of that day and immediately after commencement of the next day, i.e.,
after midnight 12'O clock he becomes pensioner. Though he is paid pension, he
shall not be deemed to be on duty as a Government servant and therefore
annual increment cannot be sanctioned to such retired Government servant."
A similar view has been taken by the Division Bench of this Court also
in Union of India and Others v. K.R. Sanal Kumar and Another -
[2008 (2) KHC 761], following the judgment of the Supreme Court in
Achhaibar Maurya v. State of U.P. And Others - [(2008) 2 SCC
639]. At paragraphs 8 and 9 of the Kerala High Court judgment, it is
observed as follows:
"8. We find that the recent judgment of the Apex Court in Achhaibar
Maurya's case, 2008 KHC 4391 : 2008 (2) SCC 639 clearly applies to the
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 43 ::
154, 187, 213, 214 & 216
OF 2020
facts of this case. There, the claim raised by a teacher who retired on
30/06/2003 was for getting Session benefits of the next session
commencing on 01/07/2003. It was held that the appellant who was born
on 01/07/1943 would retire on 30/06/2023. Their Lordships held that "a
person retires automatically on the day when he completes the age of
superannuation. A person attains a specified age on the day next before
the anniversary of his birth day or in other words, on the day preceding
that anniversary." It was therefore held that the appellant was not entitled
for the benefit of special benefit of the next session commencing on
01/07/2003. The decision of Apex Court in S. Banerjee v. Union of India,
1989 KHC 800 : 1990 SCC (L&S) 160 : AIR 1990 SC 285 : 1989 Supp (2)
SCC 486 was distinguished.
9. We find that on the facts of this case, the said dictum will squarely apply
here. As on 01/01/1986, the day when the annual increment fell due, the
applicant was not in service. He became a pensioner already. He cannot
draw any pay and allowances from 01/01/1996. In that view of the
matter, he will not be entitled to claim any annual increment which fell due
on 01/01/1996 as he had already retired from service. The employer
employee relationship has already ceased. The view taken by the
Tribunal, therefore, cannot be accepted."
7. We are therefore of the view that the issue of whether a
Government servant who retired on the last working day of the
preceding month and whose annual increment falls due on the first of
the succeeding month is entitled for sanction of annual increment for
the purpose of pension and gratuity must be answered in favour of the
the petitioners herein and against the respondents. We do so by
setting aside the impugned orders of the Tribunal and allowing these
O.P.(CAT)'s.
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 44 ::
154, 187, 213, 214 & 216
OF 2020
8. Before parting with these cases, we might only add that we
are mindful of the fact that the decision of the Madras High Court in
P.Ayyamperumal [supra] that was relied upon by the Tribunal and
the SLP against which was dismissed by the Supreme Court, takes a
different view. We are also aware that other High Courts have since
followed the Madras High Court judgment [See Union of India and
Others v. Pravesh Chandra Gupta and Others - [judgment dated
28.7.2021 of the Allahabad High Court in W.A.No.7911 of 2021],
Mahesh Kumar and Another v. Union of India and Others - [judgment
dated 23.12.2021 of the Allahabad High Court in W.A.No.17601 of
2021], Arun Chhibber v. Union of India and Others - [order dated
13.1.2020 of the Delhi High Court in W.P.(C).No.5539 of 2019], Union
of India v. Lazmanbhai Kalabhai Chavda - [order dated 27.1.2021 of
the Gujarat High Court in R/Special Civil Application No.10751 of
2020, Union of India and Another v. M. Siddaraj - [order dated
22.10.2020 of the Karnataka High Court in Writ Petition No.146967 of
2020 (S-CAT)] and SLP's against the said orders/judgments are
pending consideration before the Supreme Court. We have chosen
however to follow the Division bench judgment of our own Court,
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 45 ::
154, 187, 213, 214 & 216
OF 2020
which, in our view, accords with the Scheme of the Fundamental Rules
and the CCS (Pension) Rules, as enunciated by the Full Bench of the
Andhra Pradesh High Court in Principal Accountant General and
Others v. C. Subba Rao - [2005 (2) ALT 25].
The O.P.(CAT)'s are allowed.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
MOHAMMED NIAS C.P.
JUDGE
prp
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 46 ::
154, 187, 213, 214 & 216
OF 2020
APPENDIX OF O.P.(CAT).NO.111/2020
PETITIONER ANNEXURES:
ANNEXURE A1 TRUE COPY OF THE SERVICE CERTIFICATE ISSUED
TO THE 1ST APPLICANT.
ANNEXURE A2 TRUE COPY OF REVISED PPO DISUSED TO THE 2ND
APPLICANT.
ANNEXURE A3 TRUE COPY OF JUDGMENT DATED 15.09.2017
PASSED BY HONOURABLE HIGH COURT OF MADRAS
IN WPC NO.15732 OF 2017.
ANNEXURE A4 TRUE COPY OF REPRESENTATION DATED
10.06.2018 SUBMITTED BY THE 1ST APPLICANT.
EXHIBIT P1 TRUE COPY OF THE OA NO.180/00840/2018 DATED
04.10.2018 ON THE FILE OF THE CENTRAL
ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH
ALONG WITH ANNEXURES.
EXHIBIT P2 TRUE COPY OF REPLY STATEMENT DATED
29.07.2019 FILED BY THE
PETITIONERS/RESPONDENTS.
EXHIBIT P3 TRUE COPY OF ORDER DATED 16TH DECEMBER 2019
IN OA NO.180/00840/2018 OF THE CENTRAL
ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.
EXHIBIT P4 TRUE COPY OF OFFICE MEMORANDUM DATED
20.09.2019 ALONG WITH THE FORWARDING LETTER
OF MINISTRY OF RAILWAYS DATED 24.10.2019.
EXHIBIT P5 TRUE COPY OF ORDER IN OA
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 47 ::
154, 187, 213, 214 & 216
OF 2020
NO.310/00026/2019DATED 27.03.2019 OF THE
MADRAS BENCH OF THE CENTRAL ADMINISTRATIVE
TRIBUNAL.
EXHIBIT P6 TRUE COPY OF ORDER IN OA NO.310/00309/2019
DATED 19.03.2019 OF THE MADRAS BENCH OF THE
CENTRAL ADMINISTRATIVE TRIBUNAL.
EXHIBIT P7 TRUE COPY OF ORDER IN OA NO.310/00312/2019
DATED 19.03.2019 OF THE MADRAS BENCH OF THE
CENTRAL ADMINISTRATIVE TRIBUNAL.
RESPONDENTS ANNEXURE: NIL.
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 48 ::
154, 187, 213, 214 & 216
OF 2020
APPENDIX OF O.P.(CAT).NO.61/2020
PETITIONER EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORIGINAL APPLICATION
NO.69 OF 2019.
EXHIBIT P1/A1 TRUE COPY OF THE PPO NO.514081000166.
EXHIBIT P1/A2 TRUE COPY OF THE JUDGMENT, DATED
15.09.2017 IN WP.15732 OF 2017.
EXHIBIT P1/A3 TRUE COPY OF THE ORDER IN SLP DIARY
NO.22283/2018.
EXHIBIT P1/A4 TRUE COPY OF THE REPRESENTATION, DATED
15.10.2018.
EXHIBIT P1/A5 TRUE COPY OF THE REMINDER, DATED
28.11.2018.
EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED BY
THE RESPONDENTS IN THE O.A.NO.69 OF 2019.
EXHIBIT P3 TRUE COPY OF THE ORDER IN O.A.NO.69 OF
2019, DATED 03.12.2019.
RESPONDENTS ANNEXURES: NIL.
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 49 ::
154, 187, 213, 214 & 216
OF 2020
APPENDIX OF O.P.(CAT).NO.64/2020
PETITIONER EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORIGINAL APPLICATION NO.936
OF 2019.
EXHIBIT P1/A1 TRUE COPY OF THE PPO NO.547501400066.
EXHIBIT P1/A2 TRUE COPY OF THE JUDGMENT DATED 15.09.2017
IN WP NO.15732/2017.
EXHIBIT P1/A3 TRUE COPY OF THE ORDER IN SLP DIARY
NO.22283/2018.
EXHIBIT P1/A4 TRUE COPY OF THE REPRESENTATION DATED
14.02.2019.
EXHIBIT P1/A5 TRUE COPY OF THE HONOURABLE MINISTER FOR
PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
HAS STATED IN THE LOK SABHA ON 12.12.2018 IN
AN UN-STARRED QUESTION NO.427.
EXHIBIT P1/A6 TRUE COPY OF THE ORDER IN OA NO.1055 OF 2018
AND CONNECTED CASES, DATED 03.12.2019.
EXHIBIT P2 TRUE COPY OF THE ORDER IN OA NO.936 OF 2019
DATED 31.12.2019.
RESPONDENTS ANNEXURE NIL.
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 50 ::
154, 187, 213, 214 & 216
OF 2020
APPENDIX OF O.P.(CAT).NO.66/2020
PETITIONER EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORIGINAL APPLICATION NO 356
OF 2019
EXHIBIT P1(A1) TRUE COPY OF THE PPO NO.514081100282
EXHIBIT P1 (A2) TRUE COPY OF THE JUDGMENT , DATED 15.09.2017
IN WP NO.15732/2017
EXHIBIT P1 (A3) TRUE COPY OF THE ORDER IN SLP DIARY
NO.22283/2018
EXHIBIT P1 (A4) TRUE COPY OF THE REPRESENTATION, DATED
16.11.2018
EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED BY
THE PETITIONERS HEREIN
EXHIBIT P2-R1 TRUE COPY OF THE ORDER, DATED 13.03.2019 IN
MA NO.71/2019 IA NO.170/2019 FILED BY
SHRI.K.KANDASWAMY AND OTHER BEFORE THE
HONORABLE TRIBUNAL, MADRAD BENCH
EXHIBIT P3 TRUE COPY OF THE ORDER IN OS NO.356 OF 2019
DATED 31.12.2019
RESPONDENTS ANNEXURE NIL.
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 51 ::
154, 187, 213, 214 & 216
OF 2020
APPENDIX OF O.P.(CAT).NO.67/2020
PETITIONER EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORIGINAL APPLICATION
NO.1055/2018.
EXHIBIT P1 (A1) TRUE COPY OF THE PPO NO.514080800158.
EXHIBIT P1(A2) TRUE COPY OF THE JUDGMENT DATED 15/09/2017
IN WP.
EXHIBIT P1(A3) TRUE COPY OF THE ORDER IN SLP DIARY
NO.22283/2018.
EXHIBIT P1(A4) TRUE COPY OF THE REPRESENTATION DATED
22/11/2018.
EXHIBIT P1(A5) TRUE COPY OF THE REPLY C. NO.II/39/2018,
DATED 30/11/2018 ISSUED BY THE 4TH
RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED BY
THE PETITIONERS HEREIN.
EXHIBIT P3 TRUE COPY OF THE ORDER IN OA NO.1055/2018
DATED 03/12/2019.
RESPONDENTS ANNEXURE NIL.
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 52 ::
154, 187, 213, 214 & 216
OF 2020
APPENDIX OF O.P.(CAT).NO.90/2020
PETITIONER ANNEXURES:
ANNEXURE A1 TRUE COPY OF THE PPO NO.626991000786.
ANNEXURE A2 TRUE COPY OF THE REVISION AUTHORITY ISSUED
ON 11.06.2018.
ANNEXURE A3 TRUE COPY OF THE PPO NO.626991000715.
ANNEXURE A4 TRUE COPY OF THE LETTER
NO.PAO/3/PEN.REV./MACP/160/000110 DATED
13.04.2018 ISSUED BY THE 4TH RESPONDENT.
ANNEXURE A5 TRUE COPY OF THE PPO NO.626990600635.
ANNEXURE A6 TRUE COPY OF THE REVISION AUTHORITY ISSUED
ON 18.07.2009.
ANNEXURE A7 TRUE COPY OF THE REVISION AUTHORITY ISSUED
ON 22.09.2017.
ANNEXURE A8 TRUE COPY OF THE JUDGMENT DATED 15.09.2017
IN W.P.(C)NO.15732/2017.
ANNEXURE A9 TRUE COPY OF THE ORDER IN SLP DIARY
NO.22283/2018.
ANNEXURE A10 TRUE COPY OF THE REPRESENTATION DATED
28.09.2018.
ANNEXURE A11 TRUE COPY OF THE REPRESENTATION DATED
23.10.2018.
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 53 ::
154, 187, 213, 214 & 216
OF 2020
ANNEXURE A12 TRUE COPY OF THE REPRESENTATION DATED
04.10.2018.
ANNEXURE A13 TRUE COPY OF THE HON'BLE MINISTRY FOR
PERSONNEL PUBLIC GRIEVANCES, AND PENSIONS
HAS STATED IN THE LOK SABHA ON 12.12.2018
IN ANSWER TO UN-STARED QUESTION NO.427.
EXHIBIT P1 TRUE COPY OF THE OA.NO.150/2019 BEFORE THE
CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM
BENCH, DATED 14.02.2019.
EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED BY
THE PETITIONERS HEREIN IN OA 150/2019 DATED
20.08.2019.
EXHIBIT P3 TRUE COPY OF THE ORDER IN O.A.NO.150/2019
OF THE HON'BLE CENTRAL ADMINISTRATIVE
TRIBUNAL, ERNAKULAM BENCH DATED 03.12.2019.
RESPONDENTS ANNEXURE NIL.
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 54 ::
154, 187, 213, 214 & 216
OF 2020
APPENDIX OF O.P.(CAT).NO.92/2020
PETITIONER ANNEXURES:
ANNEXURE A1 TRUE COPY OF THE SECTIONAL ORDER NO.62
DATED 5/6/2006.
ANNEXURE A2 TRUE COPY OF THE JUDGMENT DATED 15/9/2017
IN W.P.(C) NO.15732/2017.
ANNEXURE A3 TRUE COPY OF THE ORDER IN SLP DAIRY
NO.22283/2018.
ANNEXURE A4 TRUE COPY OF THE REPRESENTATION DATED
6/10/2018.
ANNEXURE A5 TRUE COPY OF THE HON'BLE MINISTRY FOR
PERSONNEL PUBLIC GRIEVANCES, AND PENSIONS
HAS STATED IN THE LOK SABHA ON 12/12/2018
IN ANSWER TO UN-STARED QUESTION NO.427.
EXHIBIT P1 TRUE COPY OF THE OA 213/2019 BEFORE THE
CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM
BENCH.
EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED BY
THE PETITIONERS HEREIN IN OA 213/2019.
EXHIBIT P3 TRUE COPY OF THE ORDER IN 213/2019 OF THE
HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL,
ERNAKULAM BENCH.
RESPONDENTS ANNEXURE NIL.
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 55 ::
154, 187, 213, 214 & 216
OF 2020
APPENDIX OF O.P.(CAT).NO.95/2020
PETITIONER ANNEXURES:
ANNEXURE A1 TRUE COPY OF THE 626990700865
ANNEXURE A2 TRUE COPY OF THE PPO NO. 626990600657
ANNEXURE A3 TRUE COPY OF THE JUDGMENT DATED 15-09-2017
IN W.P(C) NO. 15732/2017
ANNEXURE A4 TRUE COPY OF THE ORDER IN SLP DAIRY NO.
22283/2018
ANNEXURE A5 TRUE COPY OF THE REPRESENTATION DATED 5-10-
ANNEXURE A6 TRUE COPY OF THE REPRESENTATION DATED 8-10-
ANNEXURE A7 TRUE COPY OF THE HON'BLE MINISTRY FOR
PERSONNEL PUBLIC RIEVANCES, AND PENSIONS
HAS STATED IN THE LOK SABHA ON 12-12-2018
EXHIBIT P1 TRUE COPY OF THE OA 168/2019 BEFORE THE
CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM
BENCH DATED 7-3-2019
EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED BY
THE PETITIONERS HEREIN IN OA 168/2019 DATED
27-08-2019
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 56 ::
154, 187, 213, 214 & 216
OF 2020
EXHIBIT P3 TRUE COPY OF THE ORDER IN O.A 168/2019 OF
THE HON'BLE CENTRAL ADMINISTRATIVE
TRIBUNAL, ERNAKULAM BENCH DATED 3-12-2019
RESPONDENTS EXHIBIT: NIL.
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 57 ::
154, 187, 213, 214 & 216
OF 2020
APPENDIX OF O.P.(CAT).NO.98/2020
PETITIONER ANNEXURES:
ANNEXURE A1 TRUE COPY OF THE PPO NO.626991100699.
ANNEXURE A2 TRUE COPY OF THE JUDGMENT DATED 15.09.2017
IN WPC 15732/2017.
ANNEXURE A3 TRUE COPY OF THE ORDER IN SLP DAIRY
NO.22283/2018.
ANNEXURE A4 TRUE COPY OF THE REPRESENTATION DATED
05.09.2018.
ANNEXURE A5 TRUE COPY OF THE HON'BLE MINISTRY OF
PERSONNEL PUBLIC GRIEVANCES AND PENSIONS
HAS STATED IN THE LOK SABHA ON 12.12.2018
IN ANSWER TO UN-STARED QUESTION NO.427.
EXHIBIT P1 TRUE COPY OF THE OA 169/2019 BEFORE THE
CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM
BENCH.
EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED BY
THE PETITIONERS HEREIN IN OA 169/2019.
EXHIBIT P3 TRUE COPY OF THE ORDER IN OA 169/2019 OF
THE HON'BLE CENTRAL ADMINISTRATIVE
TRIBUNAL, ERNAKULAM BENCH.
RESPONDENTS EXHIBIT: NIL.
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 58 ::
154, 187, 213, 214 & 216
OF 2020
APPENDIX OF O.P.(CAT).NO.107/2020
PETITIONER ANNEXURES:
ANNEXURE-A1 TRUE COPY OF THE PPO NO.626991100680
ANNEXURE-A2 TRUE COPY OF THE SPECIAL SEAL AUTHORITY
DATED 13.6.2011
ANNEXURE-A3 TRUE COPY OF THE JUDGMENT DATED 15.9.2017
IN W.P(C) 15732/2017
ANNEXURE-A4 TRUE COPY OF THE ORDER IN SLP DIARY
NO.22283/2018
ANNEXURE-A5 TRUE COPY OF THE REPRESENTATION DATED
1.9.2018
ANNEXURE-A6 TRUE COPY OF THE HON'BLE MINISTRY FOR
PERSONNEL PUBLIC GRIEVANCES AND PENSIONS
HAS STATE D IN THE LOK SABHA ON 12,12.2018
IN ANSWER TO UN-STARED QUESTION NO.427
EXHIBIT P1 TRUE COPY OF THE OA 163/2019 BEFORE THE
CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM
BENCH
EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED BY
THE PETITIONERS HEREIN IN OA 163/2019
EXHIBIT P3 TRUE COPY OF THE ORDER IN OA 163/2019 OF
THE HON'BLE CENTRAL ADMINISTRATIVE
TRIBUNAL, ERNAKULAM BENCH
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 59 ::
154, 187, 213, 214 & 216
OF 2020
APPENDIX OF O.P.(CAT).NO.154/2020
PETITIONER ANNEXURES:
ANNEXURE A1 TRUE PHOTOSTAT COPY OF THE ORDER DATED
15.9.2017 IN WP.NO.15732 OF 2017 DO THE
HON'BLE HIGH COURT OF KERALA OF MADRAS.
ANNEXURE A2 TRUE COPY OF THE ORDER DATED 23.7.2018 OF
THE HON'BLE SUPREME COURT IN SPECIAL LEAVE
PETITION (CIVIL) NO.22283/2018.
ANNEXURE A3 TRUE COPY OF THE REPRESENTATION DATED
20.3.2019 SUBMITTED BY THE 1ST APPLICANT.
ANNEXURE A4 TRUE COPY OF THE REPRESENTATION DATED 14TH
APRIL 2019 SUBMITTED BY THE 2ND APPLICANT
IN OA.
ANNEXURE A5 TRUE COPY OF THE REPRESENTATION DATED
5.12.19 SUBMITTED BY THE 3RD APPLICANT.
ANNEXURE A6 TRUE COPY OF THE ORDER DATED 9.4.2019
ISSUED BY THE 2ND RESPONDENT IN OA.
ANNEXURE A7 TRUE COPY OF THE ORDER DATED 23.5.2019
ISSUED BY THE 2ND RESPONDENT IN OA.
ANNEXURE R1 TRUE COPY OF THE OM.F.NO.08-09/2019-E.III.A
DATED 25.6.2019 OF MINISTRY OF FINANCE.
EXHIBIT P1 TRUE COPY OF THE OA NO.180/00884/2019 DATED
6.1.2020 FILED BY THE RESPONDENTS BEFORE
THE CAT, ERNAKULAM BENCH.
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 60 ::
154, 187, 213, 214 & 216
OF 2020
EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT IN
OA.NO.180/00884/2019 DATED 10.1.2020, FILED
BY THE PETITIONERS.
EXHIBIT P3 TRUE COPY OF THE ORDER IN OA 180/00884/2019
DATED 13.1.2020 ISSUED BY THE CAT,
ERNAKULAM BENCH.
EXHIBIT P4 TRUE COPY OF THE OM NO.1416224/2020-
ESTT(PAY-I) DATED 19.3.2020 ISSUED BY THE
DOPT AND COPY OF THE LETTER NO.F.A.-
23011/36/2013-AD.IIA, DATED 18.10.2019 OF
MINISTRY OF FINANCE, DEPARTMENT OF REVENUE,
CENTRAL BOARD OF INDIRECT TAXES & CUSTOMS,
NEW DELHI.
RESPONDENTS EXHIBIT: NIL.
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 61 ::
154, 187, 213, 214 & 216
OF 2020
APPENDIX OF O.P.(CAT).NO.187/2020
PETITIONER EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORIGINAL PETITION 71 OF
2019 WITH ANNEXURES (PAGES 11-29)
EXHIBIT P1 (A1) TRUE COPY OF THE PPO NO. 528531000109
EXHIBIT P1 (A2) TRUE COPY OF THE PAY FIXATION DT 27-05-2011
ISSUED BY THE 2NBD RESPONDENT
EXHIBIT P1 (A3) TRUE COPY OF THE PENSION CALCULATION SHEET
ISSUED IN C.NO. II/25/01/2010/ACCTS.CCP
EXHIBIT P1 (A4) TRUE COPY OF THE JUDGMENT DT 15-09-2017 IN
WP NO. 15732/2017
EXHIBIT P1 (A5) TRUE COPY OF ORDER IN SLP DAIRY NO.
22283/2018
EXHIBIT P1 (A6) TRUE COPY OF THE REPRESENTATION DTED
20.10.2018 IN OA 108/00071/2019.
EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT.
EXHIBIT P2 R1 TRUE COPY OF LOKSABHA UNSTARRED QUESTION NO.
427 AND ANSWER DATED 12-12-2018.
EXHIBIT P3 TRUE COPY OF VIDE ORDER DATED 03-12-2019 IN
OA NO. 180/00071/2019 OF CAT ERNAKULAM
BENCH.
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 62 ::
154, 187, 213, 214 & 216
OF 2020
APPENDIX OF O.P.(CAT).NO.213/2020
PETITIONER ANNEXURES:
ANNEXURE A1 TRUE COPY OF THE JUDGMENT DATED 15.9.2017
IN WPC NO.15732/2017 ISSUED BY THE MADRAS
HIGH COURT.
ANNEXURE A2 TRUE COPY OF THE ORDER IN SLP DIARY
NO.22283/2018.
ANNEXURE A3 TRUE COPY OF THE LETTER NO.PAY/TECH/CORR.
DATED 29.11.2018 ISSUED BY THE SENIOR
ACCOUNTS OFFICER (NAVY) I/C.
ANNEXURE A4 TRUE COPY OF THE REPRESENTATION DATED
23.10.2018 SUBMITTED BY THE 2ND APPLICANT.
ANNEXURE A5 TRUE COPY OF THE REPRESENTATION DATED
23.10.2018 SUBMITTED BY THE 3RD APPLICANT.
ANNEXURE A6 TRUE COPY OF THE REPRESENTATION DATED
23.10.2018 SUBMITTED BY THE 5TH APPLICANT.
EXHIBIT P1 TRUE COPY OF THE OA NO.180/00134/2019 DATED
20.2.2019 FILED BEFORE THE CAT, ERNAKULAM
BENCH.
EXHIBIT P2 TRUE COPY OF THE COMMON ORDER IN OA
NO.180/00134/2019 AND CONNECTED CASES,
DATED 3.12.2019 OF THE CENTRAL
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 63 ::
154, 187, 213, 214 & 216
OF 2020
ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.
EXHIBIT P3 TRUE COPY OF THE LETTER F.NO.A-
23011/36/2013-AD.IIA DATED 18.10.2019
ISSUED BY THE MINISTRY OF FINANCE,
DEPARTMENT OF REVENUE.
RESPONDENTS EXHIBIT: NIL.
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 64 ::
154, 187, 213, 214 & 216
OF 2020
APPENDIX OF O.P.(CAT) 214/2020
PETITIONER ANNEXURES:
ANNEXURE A6 TRUE COPY OF THE UNSTARRED QUESTION NO.427
AND ANSWER DATED 12/12/2018 ISSUED BY THE
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES
AND PENSIONS-LOK SABHA.
ANNEXURE A1 TRUE COPY OF THE OFFICE ORDER NO.51/2011
DATED 30/06/2011 ISSUED BY THE 3RD
RESPONDENT.
ANNEXURE A2 TRUE COPY OF THE PPO NO.528531100346.
ANNEXURE A3 TRUE COPY OF THE JUDGMENT DATED 15/09/2017
IN WPC NO.15732/2017.
ANNEXURE A4 TRUE COPY OF THE ORDER IN SLP DIARY
NO.22283/2018.
ANNEXURE A5 TRUE COPY OF THE REPRESENTATION DATED
20/10/2018.
ANNEXURE R1 TRUE COPY OF THE JUDGMENT OF THE HON'BLE
HIGH COURT OF MADRAS IN A.V. THIYAGARAJAN
V. THE SECRETARY TO GOVERNMENT (WPC
NO.20732/2012) DATED 27/11/2012.
ANNEXURE R2 TRUE COPY OF THE JUDGMENT OF THE HON'BLE
HIGH COURT OF KARNATAKA IN UNION OF INDIA
AND 3 OTHERS V.Y. N.R. RAO (WPC
NO.18186/2003).
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 65 ::
154, 187, 213, 214 & 216
OF 2020
ANNEXURE R3 TRUE COPY OF THE ORDER DATED 13/03/2019 IN
K. KANDASAMY'S CASE.
EXHIBIT P1 TRUE COPY OF THE OA NO.180/00109/2019 DATED
07/02/2019 FILED BY THE RESPONDENT BEFORE
THE CAT, ERNAKULAM BENCH.
EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT DATED
15/10/2019 FILED BY THE PETITIONERS.
EXHIBIT P3 TRUE COPY OF THE ORDER IN OA
NO.180/00109/2019 DATED 03/12/2019 OF THE
CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM
BENCH.
RESPONDENTS EXHIBIT: NIL.
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 66 ::
154, 187, 213, 214 & 216
OF 2020
APPENDIX OF O.P.(CAT).NO.216/2020
PETITIONER ANNEXURES:
ANNEXURE A1 TRUE COPY OF THE PPO NO.528531100355.
ANNEXURE A2 TRUE COPY OF THE JUDGMENT DATED 15.9.2017 IN
WP 15732/2017.
ANNEXURE A3 TRUE COPY OF THE ORDER IN SLP DIARY
NO.22283/2018.
ANNEXURE A4 TRUE COPY OF THE REPRESENTATION DATED
17.10.2018.
ANNEXURE A5 TRUE COPY OF LETTER F.NO.S45/76/2010 ESTT.
CUS DATED 24.12.2018.
ANNEXURE R1 TRUE COPY OF JUDGMENT OF THE HON'BLE HIGH
COURT OF MADRAS IN A.V.THIYAGARAJAN VS. THE
SECRETARY TO GOVERNMENT (W.P.NO.20732/2012)
DATED 27.11.2012.
ANNEXURE R2 TRUE COPY OF THE JUDGMENT OF THE HON'BLE
HIGH COURT OF KARNATAKA IN UNION OF INDIA &
3 OTHERS V.Y.N.R. RAO (W.P NO.18186/2003).
ANNEXURE R3 TRUE COPY OF THE ORDER DATED 13.3.2019 IN
K.KANDASAMY'S CASE.
EXHIBIT P1 TRUE COPY OF THE OA NO.180/00061/2019 DATED
22.1.2019 FILED BY THE RESPONDENT BEFORE THE
CAT, ERNAKULAM BENCH.
EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT DATED
O.P.(CAT).NO.111, 61, 64,
66, 67, 90, 92, 95, 98, 107, :: 67 ::
154, 187, 213, 214 & 216
OF 2020
15.10.2021 FILED BY THE PETITIONERS
EXHIBIT P3 TRUE COPY OF THE ORDER IN OA
NO.180/00061/2019 DATED 3.12.2019 OF THE
CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM
BENCH.
RESPONDENTS EXHIBIT: NIL.
//TRUE COPY//
P.S. TO JUDGE
