Kerala High Court

Union Of India vs K.D. Francis on 8 September, 2023

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                  &
         THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
     FRIDAY, THE 8TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945
                       OP (CAT) NO. 231 OF 2018
 AGAINST THE ORDER/JUDGMENT OA 646/2017 OF CENTRAL ADMINISTRATIVE
                       TRIBUNAL,ERNAKULAM BENCH
PETITIONERS:

    1     UNION OF INDIA
          REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY,
          HEADQUARTERS OFFICE, PARK TOWN P.O., CHENNAI-600003.

    2     SENIOR DIVISIONAL PERSONNEL OFFICER,
          SOUTHERN RAILWAY,DIVISIONAL OFFICE,
          THIRUVANANTHAPURAM-695014.

          BY ADVS.
          SMT.ASHA CHERIAN, SC, RAILWAYS
          G.MAHESWARY



RESPONDENT:

          K.D. FRANCIS
          S/O.K.C.DEVASSY, EX-PERMANENT WAY INSPECTOR, TRIVANDRUM
          DIVISION, SOUTHERN RAILWAY, RESIDING AT THEJUS,
          KALAPARAMBATH, KUZHUR P.O., MALA, TRICHUR DISTRICT,
          PIN-680734.

          BY ADV SRI.MARTIN G.THOTTAN




     THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 08.09.2023,
ALONG WITH OP (CAT).123/2018, 195/2018 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (CAT) NOS. 231, 123, 195 & 186/18

                                            2



             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                       &
         THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
  FRIDAY, THE 8TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945
                      OP (CAT) NO. 123 OF 2018
         AGAINST THE ORDER/JUDGMENT OA 357/2017 OF CENTRAL
              ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS:

     1       THE DIRECTOR OF ACCOUNTS (POSTAL)
             KERALA CIRCLE, THIRUVANANTHAPURAM - 695 001.

     2       DIRECTOR OF POSTAL SERVICES
             COCHIN REGION, COCHIN - 682 011.

     3       CHIEF POSTMASTER GENERAL
             KERALA CIRCLE, THIRUVANANTHAPURAM - 695 033.

     4       UNION OF INDIA
             REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PENSION
             & PENSIONER'S WELFARE SOUTH BLOCK, NEW DELHI - 110
             001.

             BY ADVS.
             ASSISTANT SOLICITOR GENERAL
             SRI.T.V.VINU, CGC


RESPONDENT:

             P.J.GEORGE
             S/O. LATE JOSEPH, POSTAL ASSISTANT (RETD),
             PARASSERIL HOUSE, ERUMAPRAMATTOM P.O., MOONNILAVU,
             KOTTAYAM DISTRICT - 686 586.


      THIS    OP   (CAT)    HAVING         COME   UP   FOR   ADMISSION   ON
08.09.2023, ALONG WITH OP (CAT).231/2018 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (CAT) NOS. 231, 123, 195 & 186/18

                                           3



             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                       &
         THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
  FRIDAY, THE 8TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945
                      OP (CAT) NO. 195 OF 2018
         AGAINST THE ORDER/JUDGMENT OA 645/2017 OF CENTRAL
              ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS:

     1      UNION OF INDIA
            REPRESENTED BY SECRETARY, DEPARTMENT OF POSTS, NEW
            DELHI - 110 001.

     2      THE SECRETARY DEPARTMENT OF PERSONNEL AND
            PENSIONERS WELFARE LOK NAYAK BHAVAN
            KHAN MARKET, NEW DELHI - 110 003.

     3      THE CHIEF POST MASTER GENERAL
            THIRUVANANTHAPURAM - 695 033.

     4      THE DIRECTOR OF ACCOUNTS (POST)
            KERALA CIRCLE, THIRUVANANTHAPURAM - 695 001.

     5      SENIOR SUPERINTENDENT OF POST OFFICES
            PALAKKAD DIVISION, PALAKKAD - 678 001.

            BY ADVS.
            ASSISTANT SOLICITOR GENERAL
            SRI.T.V.VINU, CGC



RESPONDENT:

            VENKITACHALAM C.R.
            RETIRED POSTAL ASSISTANT, ALATHUR P.O.,
            S/O. C.S. RAMACHANDRA IYER, 8/298, VRINDAVAN,
            PERINKULAM, ALATHUR, PALAKKAD - 678 542.
 OP (CAT) NOS. 231, 123, 195 & 186/18

                                        4

             BY ADV SRI.U.BALAGANGADHARAN


      THIS     OP   (CAT)   HAVING     COME   UP   FOR   ADMISSION   ON
08.09.2023, ALONG WITH OP (CAT).231/2018 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (CAT) NOS. 231, 123, 195 & 186/18

                                           5



             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                       &
         THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
  FRIDAY, THE 8TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945
                      OP (CAT) NO. 186 OF 2018
         AGAINST THE ORDER/JUDGMENT OA 284/2017 OF CENTRAL
              ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS:

     1      THE DIRECTOR OF ACCOUNTS (POSTAL)
            KERALA CIRCLE, THIRUVANANTHAPURAM, 695001

     2      SENIOR SUPERINTENDENT OF POST OFFICES
            ERNAKULAM POSTAL DIVISION, COCHIN - 682 011.

     3      CHIEF POSTMASTER GENERAL
            KERALA CIRCLE, THIRUVANANTHAPURAM - 695 033.

     4      UNION OF INDIA
            REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PENSION
            AND PENSIONERS WELFARE, SOUTH BLOCK,
            NEW DELHI - 110 001.

            BY ADVS.
            ASSISTANT SOLICITOR GENERAL
            SRI.T.V.VINU, CGC



RESPONDENT:

            P.SUNDARA RAJA PILLAI
            S/O.PAKYAM PILLAI, POSTAL ASSISTANT (RETD),
            KALABHAVAN, ST. MARTIN CHURCH ROAD, PALARIVATTOM,
            COCHIN 682025

            BY ADVS.
            SRI.T.C.GOVINDASWAMY
 OP (CAT) NOS. 231, 123, 195 & 186/18

                                        6

             SMT.KALA T.GOPI


      THIS    OP   (CAT)    HAVING     COME   UP   FOR   ADMISSION   ON
08.09.2023, ALONG WITH OP (CAT).231/2018 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (CAT) NOS. 231, 123, 195 & 186/18

                                         7


                                 JUDGMENT

[OP (CAT) Nos.231/2018, 123/2018, 195/2018, 186/2018]

A.Muhamed Mustaque, J

In all these cases the judgment rendered by the Central

Administrative Tribunal, Ernakulam bench directing official

respondents to process revised pension on the basis of the Official

Memorandum dated 01.09.2008, is the question. It is fairly submitted

by the learned Central Government Counsel that the Central

Government had decided to revise the pension in accordance with the

OM dated 01.09.2008. This submission is recorded.

2. The OM dated 14.06.2022 issued by the Government of India is

produced along with I.A Nos.1 and 2/23 in OP (CAT) No.123 of 2018.

The relevant portion of the OM is extracted as under:

4. Based on representations received from some pensioners and

also some court decisions in this regard, the matter has been re-

considered in consultation with Department of Expenditure. It has now

been decided that the provisions contained in this Department's OMs

No.45/86/97-P&PW(A)-Part III dated 10.02.1998 and No. 45/10/98-

P&PW(A) dated 17.12.1998 regarding revision of pension/ family pension OP (CAT) NOS. 231, 123, 195 & 186/18

after 5th CPC, para 4.2 of this Department's OM No. 38/37/08-P&PW(A)

dated 01.09.2008 (as amended /clarified from time to time) regarding

revision of pension/family pension after 6 th CPC and this Department's

OM No.38/37/2016-P&PW(A) dated 12.05.2017 regarding revision of

pension/family pension after 7th CPC by notional fixation of pay, would

also be applicable for revision of pension/family pension in respect of

pensioners who were drawing compulsory retirement pension or

compassionate allowance. Accordingly, pension/family pension of such

pensioners/family pensioners shall be revised w.e.f. 01.01.1996,

01.01.2006 and 01.01.2016 in accordance with the aforesaid orders issued

for revision of pension of the pre- 1996, pre-2006 and pre-2016

pensioners/family pensioners, respectively.

5. In cases where compulsory retirement pension or

compassionate allowance was sanctioned at a rate which was less than

full pension, the revised pension computed as per the aforesaid OMs

would be proportionate to the reduced initial pension/compassionate

allowance which was sanctioned on compulsory

retirement/dismissal/removal. In other words, the revised

pension/compassionate allowance computed as per the aforesaid OMS

would be reduced by the same percentage by which the initial pension OP (CAT) NOS. 231, 123, 195 & 186/18

was reduced at the time of sanction of pension/compassionate

allowance on compulsory retirement/ dismissal/ removal. In cases

where the compulsory retirement pension was given in full without any

reduction, the revised pension computed as per the aforesaid OMs

would also be given in full without any reduction.

In the light of the above OM, there shall be a direction to the

Government of India to process the request of the applicants before

the Central Administrative Tribunal for revised pension and grant

consequential benefits within a period of three months.

All these Original Petitions are disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

SHOBA ANNAMMA EAPEN JUDGE SVP OP (CAT) NOS. 231, 123, 195 & 186/18

APPENDIX OF OP (CAT) 123/2018

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF ORIGINAL APPLICATION IN O.A.NO. 180/00357/2017, DATED 30.04.2017 FILED BY THE RESPONDENT.

ANNEXURE A8 TRUE COPY OF THE REPRESENTATION DATED 10.8.2016.

ANNEXURE A7 TRUE COPY OF THE JUDGMENT IN OP (CAT) NO.108/2106 DATED 26.5.2016.

ANNEXURE A6 TRUE COPY OF THE APPELLATE ORDER NO.ST/A-

62/88 DATED 17.3.1989 ISSUED BY THE 3RD RESPONDENT.

ANNEXURE A5 TRUE COPY OF THE ORDER NO.INV/2-291/85 DATED 26-2-1988 BY THE 2ND RESPONDENT.

ANNEXURE A4 TRUE COPY OF THE OM NO.38/37-/08-P & PW (A) DATED 06.4.2016.

ANNEXURE A3 TRUE COPY OF THE FITMENT TABLE ANNEXUED TO CCS (RP) RULES 2008.

ANNEXURE A2 TRUE COPY OF THE LETTER NO.CPT/RTI/24-

2017 DATED 18.4.2017.

ANNEXURE A1 TRUE COPY OF THE PPO NO.4038/LPS/TVM.

EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT IN O.A.NO.180/00357/2017, DATED 18.07.2017 FILED BY THE PETITIONERS.

ANNEXURE R1(c) TRUE COPY OF THE ORDER DATED 01.09.2016 IN OA NO.912/2015.

ANNEXURE R1(b) TRUE COPY OF THE OM DATED 13.06.2016.

ANNEXURE R1(a) TRUE COPY OF THE OM DATED 22.07.2011.

EXHIBIT P3 TRUE COPY OF THE REJOINDER IN O.A.NO. OP (CAT) NOS. 231, 123, 195 & 186/18

180/00357/2017, DATED 20.09.2017.

EXHIBIT P4 TRUE COPY OF THE ORDER IN O.A.NO.

180/00357/2017, DATED 19.12.2017 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.

Exhibit P5 TRUE COPY OF THE OFFICE MEMORANDUM NO.38/46/2017-P&PW(A)(4879) DATED 14.06.2022 ISSUED BY THE DEPARTMENT OF PENSION AND PENSIONER'S WELFARE, GOVERNMENT OF INDIA OP (CAT) NOS. 231, 123, 195 & 186/18

APPENDIX OF OP (CAT) 195/2018

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE ORIGINAL APPLICATION IN O.A.NO.180/00645/2017, DATED 01/08/2017 FILED BY THE RESPONDENT.

ANNEXURE A7 TRUE COPY OF THE ORDER NO. C-13(A) (2003-

04)/2017-18 DATED 28.06.2017 ISSUED BY FIFTH RESPONDENT.

ANNEXURE A1 TRUE COPY OF THE MEMO NO. F1/4/ 98-99 DATED 21.07.2003 ISSUED BY THE FIFTH RESPONDENT

ANNEXURE A2 TRUE COPY OF THE PENSION PAYMENT ORDER NO. 15029/LPS/TVM OF THE APPLICANT.

ANNEXURE A3 TRUE COPY OF REVISED PPO NO. 1823/PEN-

2/C.NO/PPO NO. 15029/LPR DATED 26.11.2013.

ANNEXURE A4 TRUE COPY OF THE REPRESENTATION DATED 30.04.2017 SUBMITTED BY THE APPLICANT TO THE FOURTH RESPONDENT ALONG WITH THE ACKNOWLEDGEMENT CARD

ANNEXURE A5 TRUE COPY OF THE LETTER DATED 13.05.2017 OF THE APPLICANT TO THE FIFTH RESPONDENT.

ANNEXURE A6: TRUE COPY OF THE COMMUNICATION NO. C-

13(A)(2003-04)/2017-18 DATED 30.05.2017 OF THE FIFTH RESPONDENT TO THE FOURTH RESPONDENT

ANNEXURE A8 TRUE COPY OF THE JUDGMENT DATED 07.01.2016 PASSED BY THE HONOURABLE HIGH COURT OF KERALA IN OP(CAT) 2/2016

EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT IN O.A.NO.180/00645/2017, DATED 29/12/2017 FILED BY THE PETITIONERS.

ANNEXURE R1 TRUE COPY OF THE OM NO. 38/37/08-P&PW(A) OP (CAT) NOS. 231, 123, 195 & 186/18

DATED 22.07.2011.

ANNEXURE R2 TRUE COPY OF THE OM NO. 38/37/08-P&PW(A) DATED 01.09.2008

ANNEXURE R3 TRUE COPY OF THE LETTER DATED 30.04.2017 FROM THE APPLICANT REQUESTING FOR THE REVISION OF PENSION

ANNEXURE R4 TRUE COPY OF THE OM NO. CPAO/ IT & TECH/REVISION (PRE-2006)2016- 17/8 VOL- VI/ 58 DATED 13.06.2016.

EXHIBIT P3 TRUE COPY OF THE ORDER IN O.A.NO.180/00645/2017, DATED 21/03/2018 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.

OP (CAT) NOS. 231, 123, 195 & 186/18

APPENDIX OF OP (CAT) 186/2018

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE OA NO.180/284/2017 DATED 27/03/2017 FILED BY THE RESPONDENTS BEFORE THE CAT, ERNAKULAM BENCH.

Annexure A1 TRUE ATTESTED COPIES OF FORM 7 DATED 09.01.1986 ISSUED BY THE INDIAN POSTS AND TELEGRAPHS DEPARTMENT.

Annexure A2 TRUE COPY OF THE PPO NO.14284/PEN-

2/C.NO./PPO.NO.3259/LPR ISSUED BY THE OFFICE OF THE DIRECTOR OF ACCOUNTS (POSTAL), KERALA CIRCLE, TRIVANDRUM.

Annexure A3 TRUE COPY OF THE ORDER IN OA NO.715 OF 2012 WITH O.A.NO.1051 OF 2012 DATED 16.08.2013 ISSUED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.

Annexure A4 TRUE COPY OF THE JUDGMENT DATED 18.01.2016 IN OP(CAT) 169 OF 2015 BY THE HIGH COURT OF KERALA AT ERNAKULAM BENCH.

Annexure A5 TRUE COPY OF THE OFFICE MEMORANDUM NO.38/37/08-P&PW(A) DATED 06.04.2016 ISSUED BY THE DEPUTY SECRETARY TO THE GOVERNMENT OF INDIA, DEPARTMENT OF PENSION & PENSIONERS' WELFARE, NEW DELHI.

Annexure A6 TRUE COPY OF THE OFFICER MEMORANDUM (OM) NO.CPAO/IT&TECH/REVISION(PRE-2006)2016- 17/8 VOL-VI/58 DATED 13.06.2016 BY THE SENIOR ACCOUNTS OFFICER (IT & TECH), NEW DELHI.

Annexure A7 TRUE COPY OF THE REPRESENTATION DATED 14.10.2016 TO THE DIRECTOR OF ACCOUNTS (POSTAL) KERALA CIRCLE, THIRUVANANTHAPURAM.

EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT IN O.A.NO.180/00284/2017, DATED 27/10/2017, OP (CAT) NOS. 231, 123, 195 & 186/18

FILED BY THE PETITIONERS.

Annexure R1 TRUE COPY OF THE OFFICE MEMORANDUM NO.38/37/08-P&PW(A) DATED 22.07.2011 BY THE DIRECTOR, DEPARTMENT OF PENSION & PENSIONERS WELFARE, NEW DELHI.

Annexure R2 TRUE COPY OF THE ORDER IN OA NO.060/00912/2015 DATED 01.09.2016 BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, CHANDIGARH BENCH.

EXHIBIT P3 TRUE COPY OF THE REJOINDER IN O.A.NO.180/00284/2017, DATED 18/12/2017 FILED BY THE RESPONDENT.

Annexure A8 TRUE COPY OF THE FITMENT TABLE ANNEXED TO CCS(RP) RULES 2008.

Annexure A9 TRUE COPY OF THE JUDGMENT IN OP(CAT)NO.108 OF 2016 DATED 26.05.2016 ISSUED BY THE HIGH COURT OF KERALA AT ERNAKULAM.

EXHIBIT P4 TRUE COPY OF THE ADDITIONAL REPLY STATEMENT IN O.A.NO.180/00284/2017, DATED 05/02/2018 FILED BY THE PETITIONERS.

EXHIBIT P5 TRUE COPY OF THE ORDER IN O.A.NO.180/00284/2017 DATED 31/05/2018 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.

Exhibit P6 TRUE COPY OF THE OFFICE MEMORANDUM NO.38/46/2017-P&PW(A)(4879) DATED 14.06.2022 ISSUED BY THE DEPARTMENT OF PENSION AND PENSIONER'S WELFARE, GOVERNMENT OF INDIA OP (CAT) NOS. 231, 123, 195 & 186/18

APPENDIX OF OP (CAT) 231/2018

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF O.A.180/00646/2017 FILED BY THE APPLICANT BEFORE THE CAT/ERNAKULAM.

Annexure A4 TRUE COPY OF THE INTIMATION BEARING NO.DPOTVCSR DATED 12.01.2017 ISSUED ON BEHALF OF THE SECOND RESPONDENT THROUGH APPLICANT'S E-MAIL.

Annexure A1 TRUE EXTRACTED COPY OF THE PPO ISSUED IN FAVOUR OF THE APPLICANT.

Annexure A2 TRUE COPY OF THE O.M.NO.38/37/08-P&PW(A) DATED 06.04.2016.

Annexure A3 TRUE COPY OF THE REPRESENTATION/COMPLAINT DATED 28.12.2016 SUBMITTED THROUGH RAILWAY WEB "PORTAL NIVARAN".

EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED BY RAILWAY IN O.A.180/00646/2017.

Annexure R1 TRUE COPY OF THE RAILWAY BOARD'S LETTER BEARING RBE NO.120/2011 DATED 06.09.2011.

Annexure R2 TRUE COPY OF OFFICE MEMORANDUM NO.38/37/08/P&PW(A) DATED 22.07.2011 ISSUED BY THE MINISTRY OF PERSONNEL OFFICER, PUBLIC GRIEVANCES & PENSIONS.

Annexure R3 TRUE COPY OF THE RAILWAY BOARD'S LETTER BEARING RBE NO.49/2017 DATED 22.05.2017.

EXHIBIT P3 TRUE COPY OF ORDER DATED 12.9.23018 IN O.A.180/00646/2017 OF CAT/ERNAKULAM.

EXHIBIT P4 TRUE COPY OF OFFICE MEMORANDUM DATED 13.6.2016 ISSUED BY THE MINISTRY OF FINANCE DEPARTMENT OF EXPENDITURE, GOVERNMENT OF INDIA.

EXHIBIT P5 TRUE COPY OF ORDER DATED 17.10.2018 IN OP (CAT) NOS. 231, 123, 195 & 186/18

O.P.(CAT) 186/2018 OF THE HON'BLE HIGH COURT OF KERALA.

RESPONDENT EXHIBITS

Exhibit R1(a) TRUE COPY OF THE MEMORANDUM NO.38/46/217-