Kerala High Court
N R Sugunan vs Flag Officicer Commanding In Chief on 7 June, 2024
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946
OP (CAT) NO. 39 OF 2022
AGAINST THE ORDER/JUDGMENT DATED 24.03.2022 IN OA NO.587 OF 2018
OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS/APPLICANTS:
1 N R SUGUNAN
AGED 68 YEARS
S/O.LATE.RAMAN, BLACK SMITH (RETD),
NAVAL SHIP REPAIRING YARD,
NAMBURIKANDATHIL HOUSE, PADASEKHARAM ROAD,
EDAKOCHI,, PIN - 682010
2 A K GOPI
AGED 69 YEARS
S/O. LATE KUNJAN, MULTI TASK STAFF (RETD.),
MATERIAL ORGANISATION, SOUTHERN NAVAL COMMAND,
PUTHUVYPE P.O., COCHIN, PIN - 682508
BY ADVS.
C.S.GOPALAKRISHNAN NAIR
YAMI SETHUKUMAR
RESPONDENTS/RESPONDENTS:
1 FLAG OFFICER COMMANDING IN CHIEF
SOUTHERN NAVAL COMMAND, COCHIN, PIN - 682004
2 UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
MINISTRY OF DEFENCE, SOUTH BLOCK,
NEW DELHI, PIN - 110001
3 PRINCIPAL CONTROLLER OF DEFENCE
ACCOUNTS (PENSION),
DRAUPADI GHAT ALLAHABAD, PIN - 211014
4 ADMIRAL SUPERINTENDENT
NAVAL SHIP REPAIRING YARD,
SOUTHERN NAVAL COMMAND, COCHIN, PIN - 682004
OP (CAT) NO. 39 OF 2022
2
5 MATERIAL SUPERINTENDENT
MATERIAL ORGANIZATION, SOUTHERN NAVAL COMMAND,
COCHIN, PIN - 682004
BY ADV MANU S. ASG OF INDIA
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON
07.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP (CAT) NO. 39 OF 2022
3
JUDGMENT
Amit Rawal, J.
1. The present petition under Article 227 of the
Constitution of India has been filed on behalf of the petitioners
assailing the judgment of Central Administrative Tribunal
rendered in OA No.587/2018 dated 24.03.2022 whereby the
following claims have been rejected:
"i. To direct the respondents to reckon the entire service
for the period of temporary service of the applicants for the
purpose of pension and other retirement benefits.
ii. To direct the respondents to reckon 50% of the casual
service of the applicants for the purpose of pension and
other retirement benefits as per the Hon'ble Supreme
Court's judgment in Union of India & others v. Rakesh
Kumar & others (Civil Appeal No. 3938/17).
iii. To direct the respondents to revise the pension and
other retirement benefits from the date they became entitled
for pension and draw and disburse the entire arrears of
pension, gratuity and other retirement benefits within a
stipulated period.
iv. To direct the respondents to draw and disburse the
incremental arrears from January 2005 to August 2008
within a stipulated period.
OP (CAT) NO. 39 OF 2022
v. Grant such other relief or reliefs that may be prayed
for or that are found to be just and proper in the nature and
circumstances of the case.
vi. Grant cost of this OA."
2. The case set out by the petitioners in brief before the
Tribunal is as under:
Alleged to have joined the Southern Naval Command,
Kochi, as casual labourers on 18.05.1979 and November, 1978
respectively. Thereafter, were accorded the temporary status
with effect from 18.05.2001 and 02.05.2001. Vide Annexure-A2
dated 07.01.2005 services were regularised. There had been a
series of litigation with regard to non-grant of benefits like
increments and other benefits accrued to the various employees
in the department and the controversy had been put to rest by
taking into consideration the temporary services. However, the
prayer as noticed above, Nos.(i) and (ii), were mutually
destructive. As far as the prayer No.(iv) is concerned, the
learned Tribunal rejected the prayer as no steps were taken for,
vide Annexure-A7 dated 4.12.2008, the grievance of the
petitioners vis-a-vis prayer No.(ii) stood vindicated. It is in that
background, the Tribunal dismissed the petition.
OP (CAT) NO. 39 OF 2022
3. Paragraph 6 of the order deals with the rejection of the
prayer No.(iv). Since the petitioners have already been granted
the benefit far back in 2008, we do not deem it appropriate to
relegate the petitioners to make a fresh representation as they
had been already before the Tribunal as far back as in 2008 and
the cause of action vis-a-vis prayer No.(iv) would be recurring
and cannot be treated to be stale. We thus direct the
respondents to take a call on the prayer No.(iv) by treating the
OA vis-a-vis the prayer No.(iv) as representation and decide the
same in accordance with law by affording an opportunity to the
petitioners, as early as possible within a period of two months
from the date of receipt of certified copy of this judgment. The
order of the Central Administrative tribunal rendered in
paragraph 6 is modified to the aforementioned extent. Petition
stands disposed off.
Sd/-
AMIT RAWAL, JUDGE
Sd/-
EASWARAN S.,JUDGE
nak
OP (CAT) NO. 39 OF 2022
APPENDIX OF OP (CAT) 39/2022
PETITIONER ANNEXURES
Annexure A1 in EXT TRUE COPY OF THE MEMO NO.CS 2702/1 DT:
P1 30.7.2001 ISSUED BY THE 1ST RESPONDENT
Annexure A2 in EXT TRUE COPY OF THE APPOINTMENT ORDER NO.
P1 CS 2702 DT:7.1.2005 ISSUED BY THE 1ST
RESPONDENT
Annexure A3 in EXT TRUE COPY OF THE PAY SLIP FOR THE MONTH
P1 OF FEBRUARY 2005
Annexure A4 in EXT TRUE COPY OF THE PAY SLIP FOR THE MONTH
P1 OF JANUARY 2006
Annexure A5 in EXT TRUE COPY OF THE PAY SLIP FOR THE MONTH
P1 OF JANUARY 2007
Annexure A6 in EXT TRUE COPY OF THE ORDER PA/03/5030/14
P1 DT:30.5.2011 ISSUED BY THE 4TH
RESPONDENT
Annexure A7 in EXT TRUE COPY OF THE CIVILIAN ESTABLISHMENT
P1 LIST NO.212/2008 DT.4.12.2008 ISSUED BY
THE 4TH RESPONDENT
Annexure A8 in EXT TRUE COPY OF THE PPO NO.C/NAVY /46/2015
P1 ISSUED BY THE 3RD RESPONDENT
Annexure A9 in EXT TRUE COPY OF THE NO. C/NAVY /52/2015
P1 ISSUED BY THE 3RD RESPONDENT
Annexure A10 in TRUE COPY OF THE LETTER NO.CS
EXT P1 2695/43/1572 DT.7.10.2015 ISSUED BY THE
1ST RESPONDENT ALONG WITH ORDER
NO.CPT(L)8000/OA
724/2011/1198/US(MP)/D(N-II)/2015
DT.26.8.2015 ISSUED BY THE 2ND
RESPONDENT
Annexure A11 in TRUE COPY OF THE LETTER
EXT P1 NO.G1/C/NAVY/VI/2018 DT.23.4.2018 ALONG
WITH LETTER DT.4.4.2018 ADDRESSED TO
OP (CAT) NO. 39 OF 2022
THE 4TH RESPONDENT
Annexure A12 in TRUE COPY OF THE LETTER DT.8.6.2018
EXT P1 UNDER THE RTI ACT
Annexure A13 in TRUE COPY OF THE LETTER
EXT P1 NO.PIO/130/18/NRS/6/(11) DT:26.6.2018
ISSUED BY THE 1ST RESPONDENT
Annexure A14 in TRUE COPY OF THE REPRESENTATIONS
EXT P1 DT.4.5.2018 SUBMITTED BY THE 1ST
APPLICANT TO THE 1ST RESPONDENT
Annexure A15 in TRUE COPY OF THE REPRESENTATIONS
EXT P1 DT.4.5.2018 SUBMITTED BY THE 2ND
APPLICANT TO THE 1ST RESPONDENT
Annexure R1 in EXT COPY OF THE HON'BLE CAT ERNAKULAM BENCH
Annexure R2 in EXT COPY OF DOPT OM NO.49014/2/2014-ESTT(C)
P2 DATED 26 FEB 16.
Annexure R3 in EXT COPY OF HQ SNC MEMORANDUM CS 2702/1
P2 DATED 30 JUL 2001
Annexure A16 in TRUE COPY OF THE CASUAL LABOURS ( GRANT
EXT P3 OF TEMPORARY STATUS AND REGULARISATION)
SCHEME
Annexure A17 in TRUE COPY OF THE LETTER
EXT P3 NO.PA/05/2420/1017 DT:14.7.2017 ISSUED
BY THE 4TH RESPONDENT
Annexure A18 in TRUE COPY OF THE LETTER
EXT P3 NO.PA/05/2421/965(A) DT:4.4.2019 ISSUED
BY THE 4TH RESPONDENT
Annexure A19 in TRUE COPY OF THE CE LIST NO.212/2008
EXT P3 DT: 4.12.2008 ISSUED BY THE 4TH
RESPONDENT
Exhibit P1 TRUE COPY OF ORIGINAL APPLICATION
NO.587/2018 BEFORE CAT ERNAKULAM
Exhibit P2 TRUE COPY OF THE REPLY STATEMENT FILED
OP (CAT) NO. 39 OF 2022
BY THE RESPONDENTS
Exhibit P3 TRUE COPY OF THE REJOINDER WAS FILED BY
THE PETITIONER
Exhibit P4 TRUE COPY OF THE ARGUMENT NOTE FILED BY
THE COUNSEL FOR THE PETITIONERS
Exhibit P5 TRUE COPY OF THE SHORT ARGUMENT NOTE
FILED BY THE COUNSEL FOR THE
RESPONDENTS
Exhibit P6 TRUE COPY OF THE ORDER DT:24.3.2022 IN
OA.NO.587/2018 OF CAT ERNAKULAM BENCH
