Kerala High Court
N.U.Appukuttan vs Union Of India on 14 July, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE ACTING CHIEF JUSTICE MR. ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
Friday, the 14th day of July 2023 / 23rd Ashadha, 1945
OP (CAT) NO. 84 OF 2023
AGAINST THE ORDER DATED 01.11.2022 IN OA 412/2020 OF CENTRAL ADMINISTRATIVE
TRIBUNAL,ERNAKULAM BENCH.
PETITIONERS/APPLICANTS 1 TO 9:
1. N.U.APPUKUTTAN,S/O.UNTACHY, 68 YEARS, INCOME TAX INSPECTOR (RETD),
OFFICE OF THE COMMISSIONER OF INCOME TAX (AUDIT) KOCHI, RESIDING AT
NIKATHIL HOUSE, PATTANAM, VADEKKEKARA P.O., ERNAKULAM DISTRICT, PIN
- 683522
2. REMANI C, W/O.SUJATHAN U.V., AGED 68 YEARS, INCOME TAX INSPECTOR
(RETD), OFFICE OF COMMISSIONER OF INCOME TAX, KOZHIKODE, RESIDING AT
35/233, LAKSHMI, VENGERI P.O., KOZHIKODE DISTICT-, PIN - 673010
3. P.KOYA, S/O.P.MUHAMMED, AGED 68 YEARS, DY. DIRECTOR OF INCOME TAX
(INVESTIGATION)(RETD),OFFICE OF THE DY.DIRECTOR OF INCOME TAX
(INVESTIGATION), KOZHIKODE, RESIDING AT RIYAS MAHAL, MUTHUR, TIRUR,
PIN - 676101
4. T.C.SUDHEER BOSE, S/O.LATE T.V. CHANDRAN ,AGED 65 YEARS, PRIVATE
SECRETARY (RETD), OFFICE OF THE COMMISSIONER OF INCOME
TAX(II)KOCHI, RESIDING AT THINAYAL HOUSE, POOYAPILLY, VADAKKEKARA
P.O., ERNAKULAM DISTICT., PIN - 683522
5. K.MANI, S/O.KUNHIRAMANADIYODI,AGED 73 YEARS, NOTICE SERVER (RETD),
OFFICE OF THE ASSISTANT, COMMR.INCOME TAX CENTRAL CIRCLE,
KOZHIKODE,THUVATTUTHAZHAM HOUSE, CHEVAYOOR P.O., KOZHIKODE DIST.,
PIN - 673017
6. VASUDEVAN N.NAMBISAN, S/O.LATE.P.NARAYANANNAMBISAN,AGED 73 YEARS,
DY.COMMISSIONER OF INCOME TAX (RETD), OFFICE OF THE JOINT COMMR.OF
INCOMETAX, PALAKKAD, RESIDING AT PARVATHINIVAS, KANIYARKODE
P.O.,THIRUVILLWAMALA , THRISSUR DISTICT, PIN - 680594
7. S.ARUNACHALAM PILLAI, S/O.K.SUBRAMANIA PILLAI,AGED 73 YEARS,
DY.COMMISSIONER OF INCOME TAX (RETD), OFFICE OF THE CHIEF COMMR.OF
INCOME TAX, THIRUVANANANTHAPURAM, RESIDING AT T C 94/2424, MITHRI
LANE, THAMBURANMUKKU, VANCHIYOOR P.O, THIRUVANANTHAPURAM, PIN -
695035
8. T.SANTHA, W/O.K.ACHUTHAN, AGED 75 YEARS, SENIOR PRIVATE SECRETARY
(RETD), OFFICE OF THE COMMR.OF INCOME TAX KOZHIKODE, RESIDING AT
1/4746, POURNAMI, BILATHIKULAM ROAD ,NADAKKAVU P.O., KOZHIKODE, PIN
- 673011
9. LILLY P.M, W/O.VARGHESE V.L.,AGED 70 YEARS , ADMINISTRATIVE OFFICER
(RETD), OFFICE OF THE COMMISSIONER OF INCOME TAX, THRISSUR,
RESIDING AT D-36, MARUTHI APARTMENTS, ADIYAT LANE, POOTHOLE P.O.,
THIRSSUR DIST.-, PIN - 680004
RESPONDENTS/RESPONDENTS:
1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
PERSONNEL AND TRAINING, NORTH BLOCK, NEW DELHI, PIN - 110001
2. PRINCIPAL CHIEF COMMISSIONER OF INCOME TAX, CENTRAL REVENUE
BUILDING, I.S. PRESS ROAD, COCHIN, PIN - 682018
3. COMMISSIONER OF INCOME TAX-I, CENTRAL REVENUE BUILDING, I.S. PRESS
ROAD, COCHIN, PIN - 682018
4. COMMISSIONER OF INCOME TAX (AUDIT), CENTRAL REVENUE BUILDING, I.S.
PRESS ROAD, COCHIN, PIN - 682018
5. COMMISSIONER OF INCOME TAX II, CENTRAL REVENUE BUILDING, I.S. PRESS
ROAD, COCHIN, PIN - 682018
6. COMMISSIONER OF INCOME TAX (APPEALS), CENTRAL REVENUE BUILDING,
MANANCHIRA, KOZHIKODE, PIN - 673001
7. ADDITIONAL COMMISSIONER OF INCOME TAX, PALAKKAD RANGE, PALAKKAD, PIN
- 678014
8. JOINT COMMISSIONER OF INCOME TAX, AYAKAR BHAVAN, ENGLISH CHURCH
ROAD, PALAKKAD, PIN - 678014
9. DEPUTY DIRECTOR OF INCOME TAX (INVESTIGATION), CENTRAL REVENUE
BUILDING, MANANCHIRA, KOZHIKODE, PIN - 673001
10. ZONAL ACCOUNTS OFFICER, CENTRAL BOARD OF DIRECT TAXES, 3RD FLOOR,
SANJUAN TOWERS, BEHIND C R.BUILDINGS, OLD RAILWAY STATION ROAD,
COCHIN, PIN - 682018
11. THE COMMISSIONER OF INCOME TAX, AAYAKAR BHAVAN, MANANCHIRA,
KOZHIKODE-, PIN - 673001
12. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, KOZHIKODE,
PIN - 673001
13. THE CHIEF COMMISSIONER OF INCOME TAX, AAYAKAR BHAVAN, KOWDIAR,
THIRUVANANTHAPURAM, PIN - 695003
14. THE COMMISSIONER OF INCOME TAX, AAYAKARBHAVAN, SHAKTHAN THAMPURAN
NAGAR, THRISSUR H.O, THRISSUR, PIN - 680001
OP (CAT) praying inter alia that in the circumstances stated in the
affidavit filed along with the OP (CAT) the High Court be pleased to
direct the respondents to revise the pensionary benefits and pay them the
benefits from May 2023 onwards pending disposal of this Original
Petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of OP (CAT) and upon hearing the arguments
of SRI.C.S.GOPALAKRISHNAN NAIR, Advocate for the petitioners and of SRI.
S.MANU, Advocate for the Respondent No.1, the court passed the following:
ALEXANDER THOMAS, Acg. C.J. & C.JAYACHANDRAN, J.
=================================
OP(CAT) No.84 of 2023
[arising out of the impugned order dated 01.11.2022 in O.A No.412/2020
on the file of the CAT, Ekm. Bench]
=================================
Dated this the 14th day of July, 2023
ORDER
Notices before admission for all the respondents herein have been taken
by Sri.S.Manu, learned Dy.Solicitor General of India.
2. The Registry will show the name of the said learned counsel in the
cause list. Service complete.
3. The respondents will explain before this Court, as to whether the
dictum laid down by the Apex Court in Ext.P-4 judgment dated 11.04.2023 in
Civil Appeal No.2471/2023 in the case Director (Admn. & HR), KPTCL &
Ors. v. C.P.Mundinamani & Ors., as well as the judgment dated 19.05.2023
of the Apex Court in Union of India v. Sidharaj & Ors., would cover the
main issues raised in this case or not.
4. List this case, along with O.P(CAT) Nos.65, 67, 68, 71, 73 & 84 of
2023 on 18/07/2023.
Hand Over
Sd/-
ALEXANDER THOMAS
ACTING CHIEF JUSTICE
Sd/-
C.JAYACHANDRAN
JUDGE
vgd
