Kerala High Court
Union Of India vs Mammathu on 12 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.
WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
OP (CAT) NO. 302 OF 2017
AGAINST THE ORDER/JUDGMENT DATED 28.7.2016 IN OA NO.410 OF 2015 OF
CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS/RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY SECRETARY TO GOVERNMENT OF
INDIA, DEPARTMENT OF POSTS, MINISTRY OF
COMMUNICATIONS, GOVERNMENT OF INDIA, NEW
DELHI-110001.
2 THE CHIEF POSTMASTER GENERAL
KERALA CIRCLE, TRIVANDRUM-695033.
3 THE SUPERINTENDENT OF POST OFFICES
TIRUR POSTAL DIVISION, TIRUR-676104.
BY ADV SRI.T.V.VINU, CGC
RESPONDENT/APPLICANT:
MAMMATHU
AGED 47 YEARS, W/O.LATE MOHAMMED A.K.,
POSTMAN, KUTTIPPURAM, RESIDING AT ACHIKULATH
HOUSE, KAREKKAD P.O., KADAMPUZHAI VIA,
MALAPPURAM-676553.
BY ADVS.
SRI.JOSIE MATHEW
SRI.SAJITH KUMAR V.
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 12.06.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (CAT) NO. 302 OF 2017
2
AMIT RAWAL & EASWARAN S., JJ.
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OP(CAT) No.302 of 2017
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Dated this the 12th day of June, 2024
JUDGMENT
Easwaran S.,J.
The respondents before the Central Administrative
Tribunal are the petitioners herein. The original application was
filed by the wife of late Sri.A.K.Muhammed, who expired on
17.12.2009. Aggrieved by the nonfeasance on the part of the
respondents in including her husband in the statutory pension
scheme notionally and to sanction family pension benefits due
to her from the date of death of her husband, the original
application was filed. The proceedings before the Tribunal
reveal that late Sri.A.K.Muhammed had applied for promotion
as per Annexure-A1 application dated 22.7.2002 and he took
part in the Departmental Examination and the Departmental
Promotion Committee in its meeting held on 19.8.2005
approved the selection of the employee for promotion. The case
OP (CAT) NO. 302 OF 2017
projected was that the promotion was for the vacancy that arose
prior to 1.1.2004, and therefore, the delay in processing the
application for promotion should not operate as detriment to the
claim of the applicant.
2. The respondents appeared before the Tribunal and
objected to the claim and submitted that the appointment by
promotion itself was after the new Rules had come into effect
and therefore, the case of the employee cannot be dealt with
under the erstwhile pension scheme. The Tribunal on a
consideration found that the facts pleaded before the Tribunal
was covered by the judgment of this Court in OP(CAT)
No.140/2015 dated 20.8.2015 and accordingly, allowed the
application and issued directions directing the petitioners herein
to include the name of late Sri.A.K.Muhammed in the statutory
pension scheme and thereafter directed to grant family pension
to the applicant as per the CCS (Pension) Rules, 1972 without
effecting any recovery of the family pension already sanctioned
to her.
OP (CAT) NO. 302 OF 2017
3. We have heard Sri.T.V.Vinu, learned Central
Government Counsel appearing for the petitioners/respondents
and Sri.V.Sajith Kumar, learned counsel appearing for the
respondent/applicant.
4. Sri.T.V.Vinu, learned Central Government Counsel
appearing for the petitioners submitted that the very promotion
of late Sri.A.K.Muhammed was on 19.8.2005, i.e. after the date
of coming into force of the new Scheme. According to him,
when the Scheme was came into force with effect from
1.1.2004, any promotion effected thereafter, cannot be
backdated and therefore, according to him, the point is not
covered by the judgment of the Coordinate Bench of this Court
in OP(CAT) No.140/2015 dated 20.8.2015.
5. On the other hand, Sri.Sajith Kumar, learned counsel
appearing for the respondent contended that the case pleaded
before the Tribunal and found in favour of his client is squarely
covered by the judgment of this Court in OP(CAT) No.140/2015
dated 20.8.2015.
OP (CAT) NO. 302 OF 2017
6. We have considered the rival submissions raised
across the bar.
7. When we peruse the findings rendered by this Court
in OP(CAT) No.140/2015 dated 20.8.2015, it is explicitly
evident that the facts pleaded in the present original petition and
the facts considered by the Coordinate Bench of this Court are
not similar in nature. In the present case, the Departmental
Promotion Committee had met after 1.1.2004, when the new
Pension Scheme came into effect, and admittedly, late
Sri.A.K.Muhammed was promoted only on 19.8.2005. It may
be true that the vacancy had arisen prior to the promulgation of
the new Pension Scheme. However, in our considered view,
that itself will not be a material for the applicant to claim that
late Sri.A.K.Muhammed should have been included in the
erstwhile Pension Scheme. Therefore, in our considered view,
the Tribunal clearly erred in allowing the original application
following the judgment of this Court in OP(CAT) No.140/2015
dated 20.8.2015.
OP (CAT) NO. 302 OF 2017
In the result, the petitioners are entitled to succeed. The
Original Petition is allowed. Ext.P3 order dated 28.7.2016 in
OA No.410/2015 is set aside. The original application stands
dismissed. No order as to costs.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
EASWARAN S.
JUDGE
jg
OP (CAT) NO. 302 OF 2017
APPENDIX OF OP (CAT) 302/2017
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE APPLICATION DATED
22/07/2002 FOR ADMISSION TO THE
DEPARTMENTAL EXAMINATION FOR RECRUITMENT TO
THE CADRE OF POSTMAN/MAIL GUARD FOR THE
VACANCIES OF 2000 AND 2001.
ANNEXURE A2 A TRUE COPY OF THE PROCEEDINGS OF THE
DEPARTMENTAL PROMOTION COMMITTEE HELD ON
19/08/2005.
ANNEXURE A3 A TRUE COPY OF THE LETTER NO.C-21/2009
DATED 28/11/2013 BY THE 3RD RESPONDENT.
ANNEXURE A4 TRUE COPY OF THE LETTER NO.VIG/RTI/47/2014-
15 DATED 05/03/2015 ISSUED BY THE 3RD
RESPONDENT.
ANNEXURE A5 TRUE COPY OF THE DEATH CERTIFICATE DATED
23/12/2009.
ANNEXURE A6 TRUE COPY OF THE ORDER IN OA NO.102/2010
DATED 17/06/2011 AND CONNECTED CASES OF THE
CAT, ERNAKULAM BENCH.
ANNEXURE A7 TRUE COPY OF THE ORDER DATED 08/07/2010
ISSUED BY THE CHIEF POST MASTER GENERAL
KERALA CIRCLE.
EXHIBIT P1- TRUE COPY OF THE OA.NO.180/00410/2015 DATED
01/06/2015 FILED BY THE RESPONDENT BEFORE
THE CAT, ERNAKULAM BENCH.
EXHIBIT P2- TRUE COPY OF REPLY STATEMENT DATED
27/10/2015 FILED BY THE PETITIONERS.
EXHIBIT P3- TRUE COPY OF ORDER IN DATED 28/07/2016 IN
OA.NO.180/00410/2015 OF THE CENTRAL
ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.
