Premkumar.D.S vs The Union Of India
2024 Latest Caselaw 11026 Ker

Citation : 2024 Latest Caselaw 11026 Ker
Judgement Date : 12 April, 2024

Kerala High Court

Premkumar.D.S vs The Union Of India on 12 April, 2024

Author: A.Muhamed Mustaque

Bench: A.Muhamed Mustaque

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                 &
         THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
   FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
                      OP (CAT) NO. 70 OF 2024
AGAINST THE JUDGMENT DATED 16.03.2023 IN OA NO.204 OF 2019 OF
CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER:

          PREMKUMAR.D.S.,AGED 61 YEARS
          S/O OF LATE K. DHANANJAYAN NAIR, ASSISTANT
          COMMUNICATION OFFICER, (CIPHER) RTD., INTER STATE
          POLICE WIRELESS STATION, OPP. GOVT. GUEST HOUSE,
          THYCAUD.P.O., THIRUVANANTHAPURAM - 690014, RESIDING
          AT DHANUSANTHA, ATHIYANNOOR, ARALUMMOODU,
          THIRUVANANTHAPURAM MOBILE NO.9446428151, PIN -
          695123
          BY ADV RAJESH P.NAIR

RESPONDENTS:
     1    THE UNION OF INDIA
          REPRESENTED BY THE SECRETARY, MINISTRY OF HOME
          AFFAIRS, NEW DELHI, PIN - 110001
    2     UNION OF INDIA
          REPRESENTED BY THE SECRETARY, MINISTRY OF PERSONNEL,
          PG & PENSIONS, NEW DELHI, PIN - 110001
    3     THE DIRECTOR
          DIRECTORATE OF COORDINATION POLICE WIRELESS,
          MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA, BLOCK
          NO.9, CGS COMPLEX, LODHI ROAD, NEW DELHI, PIN -
          110003
    4     THE STATION SUPERINTENDENT
          INTERSTATE POLICE WIRELESS STATION, THYCAUD.P.O.,
          THIRUVANANTHAPURAM, PIN - 695014

OTHERS PRESENT: SMT.VINITH B, SR. GOVERNMENT PLEADER


     THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 12.04.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (CAT) NO.70 of 2024
                                         2

           A.MUHAMED MUSTAQUE & M.A ABDUL HAKHIM, JJ
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                         OP (CAT) NO.70 of 2024
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                Dated this the 12TH April, 2024

                                   JUDGMENT

M.A Abdul Hakhim, J

This Original Petition is filed challenging against Ext.P4 order of the

Central Administrative Tribunal dated 16.03.2023 in O.A No.204 of 2019. As per

Ext.P4 order, the Tribunal dismissed three Original Applications filed by the

employees in which their claim was that though they are retired on the last

working day of a particular month, they are entitled to get the annual increment

of each of them on the first day of the next succeeding month. The said issue is

already decided by this Court in a batch of Original Petitions numbered as

O.P(CAT) No. 65 of 2023 and connected cases. In the light of the said judgment

this Original Petition(CAT) is also allowed setting aside Ext.P4 order of the

Administrative Tribunal so far as it relates to O.A No. 209/2019 and it is declared

that the petitioner would be entitled to all the applicable benefits as declared by

this Court in the above judgment in O.P(CAT) No. 65/2023 and connected cases.

Ordered accordingly.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

M.A.ABDUL HAKHIM JUDGE jma OP (CAT) NO.70 of 2024

APPENDIX OF OP (CAT) 70/2024

PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE ORDER OF PENSION CALCULATION AND RETIRAL BENEFITS DATED 09.02.2018 ISSUED BY THE 3RD RESPONDENT. Annexure A2 TRUE COPY OF THE JUDGMENT OF THE DIVISION BENCH OF THE MADRAS HIGH COURT DATED 15.09.2017 IN W.P.(C) NO.15732 OF 2017 Annexure A3 TRUE COPY OF THE JUDGMENT OF THE APEX COURT IN SLP (CIVIL) DIARY NO(S).

Annexure A4 TRUE COPY OF THE REPRESENTATION DATED 10.10.2018 TO THE 3RD RESPONDENT BY THE APPLICANT Annexure A5 TRUE COPY OF THE ANSWER GIVEN BY THE MINISTRY CONCERNED Annexure A6 TRUE COPY OF THE LETTER DATED 02.01.2019 TO THE APPLICANT BY THE 3RD RESPONDENT Annexure R-1 TRUE COPY OF DOP&PW'S RULE 33 OF CCS (PENSION), RULE 1972 Annexure R-2 TRUE COPY OF DOP&PW'S OM NO.38/40/18- P&PW(A) DATED 08.03.2019.

Annexure R-3a TRUE COPY OF DOP&T'S OM NO.1367822/2019- ESS-TT (PAY-I) DATED 29.04.2019. Annexure R-3b TRUE COPY OF DOP&T'S OM NO.1394432/2019- ESS-TT (PAY-I) DATED 04.10.2019 Annexure R-4 TRUE COPY OF ORDER OF HON'BLE HIGH COURT OF DELHI DATED 23.10.2018 IN Annexure R-5 TRUE COPY OF ORDER DATED 19.3.2019 IN OA/310/00309/2019 OF THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, MADRAS BENCH Annexure R-6 TRUE COPY OF THE ORDER DATED 19.3.2019 IN OA/310/00312/2019 OF THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, MADRAS BENCH Annexure A7 TRUE COPY OF THE ORDER IN OA NO.356/2019 DATED 31.12.2019 OF THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH OP (CAT) NO.70 of 2024

Annexure A8, A8(a) TRUE COPY OF THE JUDGMENT IN RP(C) NO.1731/2019 IN SLP NO.22008/2018 OF THE HON'BLE SUPREME COURT.

Exhibit P1 TRUE COPY OF THE O.A. NO.180/00204/2019 ON THE FILE OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH DATED 18.3.2019 WITHOUT ANNEXURES Exhibit P2 TRUE COPY OF THE REPLY STATEMENT IN O.A. NO.180/00204/2019 ON THE FILE OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH DATED NIL WITHOUT ANNEXURES Exhibit P3 TRUE COPY OF THE M.A. NO.180/00191 OF 2020 IN O.A. NO.204/2019 ON THE FILE OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH Exhibit P4 TRUE COPY OF THE COMMON ORDER DATED 16.03.2023 IN O.A. NO.180/00204/2019 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH