1. Union Of India vs Sebastian Antony
2025 Latest Caselaw 9035 Ker

Kerala High Court

1. Union Of India vs Sebastian Antony on 22 September, 2025

                                             2025:KER:70998
OP (CAT) NO. 92 OF 2025

                          -1-
         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

     THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR

                             &

          THE HONOURABLE MR.JUSTICE BASANT BALAJI

MONDAY, THE 22ND DAY OF SEPTEMBER 2025 / 31ST BHADRA, 1947

                  OP (CAT) NO. 92 OF 2025

 AGAINST THE ORDER DATED 28.02.2025 IN O.A.NO.456/2023 OF

   THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH

PETITIONER(S)/RESPONDENTS IN THE OA:

    1    1. UNION OF INDIA
         REPRESENTED BY THE SECRETARY, MINISTRY OF
         PERSONNEL PG & PENSIONS DEPARTMENT OF PERSONNEL
         AND TRAINING, NORTH BLOCK NEW DELHI. PIN, PIN -
         110001

    2    THE SECRETARY TO GOVERNMENT OF INDIA
         MINISTRY OF FINANCE, DEPARTMENT OF EXPENDITURE
         NORTH BLOCK, NEW DELHI, PIN - 110001

    3    THE PRINCIPAL REGISTRAR CENTRAL ADMINISTRATIVE
         TRIBUNAL
         PRINCIPAL BENCH, 61/35 COPERNICUS MARG, NEW
         DELHI., PIN - 110001

    4    THE REGISTRAR
         CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH,
         SASTHA TEMPLE ROAD COCHIN, PIN - 682017


         T.V.VINU, CGC REPRESENTING ADV O.M.SHALINA,
         DEPUTY SOLICITOR GENERAL OF INDIA


RESPONDENT(S)/APPLICANT IN THE OA:

         SEBASTIAN ANTONY
         AGED 45 YEARS
         S/O. MR. N.C. ANTONY, PRIVATE SECRETARY, CENTRAL
                                                        2025:KER:70998
OP (CAT) NO. 92 OF 2025

                             -2-
            ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH,
            RESIDING AT FLAT NO. 7/432-A7, SHILPAKALA
            RESIDENCY, KUNNUMPURAM-CIVIL STATION ROAD,
            KAKKANAD, KOCHI -, PIN - 682030




            SRI. SHAFIK M.A.-R1


     THIS     OP   (CAT)   HAVING    COME   UP   FOR   ADMISSION   ON
22.09.2025,    THE   COURT   ON     THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                                       2025:KER:70998
OP (CAT) NO. 92 OF 2025

                                -3-
                            JUDGMENT

Dated this the 22nd day of September 2025

NITIN JAMDAR, C.J.

Heard Mr. T.V. Vinu, learned Central Government Counsel representing Ms. O.M. Shalina, learned Deputy Solicitor General of India appearing for the Petitioners and Mr. Shafik M.A., learned counsel appearing for the Respondent.

2. The learned counsel for the Respondent relied upon the decision of the Division Bench of this Court in OP(CAT) No.109/2023 dated 21 September 2023. The said decision reads thus:

"The Union Government is before us challenging an order of the Central Administrative Tribunal in OA No.180/161/2019 dated 21.03.2022. The respondent was the applicant before the tribunal. The tribunal allowed the application.

2. The respondent approached the tribunal seeking a declaration that he is entitled for the the benefit of GP of Rs.5400/- in PB3 on non-functional basis after 4 years of service in the Grade Pay of Rs.4800/- in PB-2 and also for a direction to have the benefit of GP of Rs.5400/- in PB3 on non-functional basis after 4 years of service in the Grady Pay of Rs.4800/- in PB-2, with consequential benefits and other reliefs. The tribunal noted that the issue was covered in favour of the applicant vide judgment in OA No.658 of 2020 dated 08.04.2021. The above judgment was also affirmed by this Court in O.P (CAT) No.276 of 2010. We note that a Division Bench of this Court allowed O.P (CAT) No.276/2010 relying on the judgment of the Madras High Court in W.P (C) 2025:KER:70998 OP (CAT) NO. 92 OF 2025

No.13225/2010. The Apex Court also affirmed the decision of the Madras high Court in W.P (C) No.13225/2010 by dismissing the SLP. If that be the case, we find no reason to depart from the view taken by this Court in O.P (CAT) No.276/2010. Accordingly, this original petition is dismissed in limine."

3. Thereafter, the said decision was challenged in Special Leave Petition (Civil) Diary No.12304 of 2024, wherein the Hon'ble Supreme Court declined to interfere with the impugned order. We have been informed that the Petitioner therein has already been granted the necessary benefits. Other than stating that the decision of the Madras High Court is not applicable, it is not shown to us that the facts in the present case differ from those in OP(CAT) No.109/2023, wherein the Division Bench allowed the petition and the benefits were also given to the Petitioner therein. That being the position, we are not inclined to interfere with the impugned judgment.

4. The petition is accordingly dismissed.

Sd/-

NITIN JAMDAR CHIEF JUSTICE

Sd/-

BASANT BALAJI JUDGE

uu 2025:KER:70998 OP (CAT) NO. 92 OF 2025

APPENDIX OF OP (CAT) 92/2025

PETITIONER ANNEXURES

Annexure A-1 TRUE COPY OF THE ORDER NO.2/L/99-ADMN.

(VOL.ILL) DATED 7.10.2015 ISSUED BY THE DEPUTY REGISTRAR, C.A.T., ERNAKULAM BENCH.

Annexure A2 TRUE COPY OF THE OFFICE ORDER NO.

2/1/2000-ADMN DATED 13.07.2016 ISSUED BY THE DEPUTY REGISTRAR, C.A.T., ERNAKULAM BENCH Annexure A3 TRUE COPY OF THE RESOLUTION NO.

1/1/2008-1 C. DATED 29.8.2008 PUBLISHED IN THE GAZETTE OF INDIA.

Annexure A4 TRUE COPY OF THE ORDER NO. P. 26012/8/2009-AT DATED 1.4.2009 ISSUED BY THE DIRECTOR OF 1ST RESPONDENT Annexure A5 TRUE COPY OF THE ORDER NO. 4/3/2009- ADMN DATED 16.7.2020 ISSUED BY THE DEPUTY REGISTRAR, C.A.T., ERNAKULAM BENCH.

Annexure A6 TRUE COPY OF THE REPRESENTATION DATED 24.10.2019 SUBMITTED BY THE APPLICANT. Annexure A7 TRUE COPY OF THE LETTER NO.

CAT/PB/17/10/2004- ESTT.L(VOL.LL), DATED 8.11.2019 OF THE DY. REGISTRAR OF PRINCIPAL BENCH Annexure A8 TRUE COPY OF THE LETTER NO.

9/3/2005/ADMN.L DATED 26.11.2019 OF THE DEPUTY REGISTRAR, C.A.T., ERNAKULAM BENCH.

Annexure A9 TRUE COPY OF THE JUDGMENT DATED 08.12.2016 OF THE HON'BLE HIGH COURT OF KERALA IN O.P(CAT) NO. 276/2010 Annexure A10 TRUE COPY OF THE JUDGMENT DATED 10.10.2017 OF THE HON'BLE SUPREME COURT IN SLP (CIVIL) NO. 17576/2017. Annexure A11 TRUE COPY OF THE ORDER DATED 21.3.2022 OF THIS HON'BLE TRIBUNAL IN O.A. NO. 180/161/2019.

Annexure A12 TRUE COPY OF THE JUDGMENT DATED 21.9.2023 OF THE HON'BLE HIGH COURT OF KERALA IN O.P(C.AT) NO. 109/2023 Annexure A13 TRUE COPY OF THE REPRESENTATION DATED 4.4.2022 SUBMITTED BY THE APPLICANT. Annexure R1 TRUE COPY OF SCHEDULE ATTACHED TO DOPT 2025:KER:70998 OP (CAT) NO. 92 OF 2025

NOTIFICATION DATED 08.07.2015 Annexure R2 TRUE COPY OF GUIDELINES ISSUED BY THE DEPARTMENT OF REVENUE LETTER NO.A.26017/98/2008-AD-IIA DATED 11.02.2009 Annexure R3 TRUE COPY OF DOPT OM NO.35034/3/2008-

                   ESTT. (D) DATED 19.05.2009
Annexure R4        TRUE COPY OF RELEVANT PAGES OF MINISTRY
                   OF     FINANCE     NOTIFICATION       DATED
                   29.08.2008
Annexure R5        TRUE COPY OF DEPT OF REVENUE LETTER
                   NO.A2    6017/98/2008-     AD.LL.A    DATED
                   21.11.2008
Exhibit P1         A TRUE COPY OF O.A. NO. 180/456/2023

FILED BY THE RESPONDENT HEREIN BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH Exhibit P2 A TRUE COPY OF THE REPLY STATEMENT IN O.A.NO. 180/456/2023, FILED BY THE PETITIONERS HEREIN BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH Exhibit P3 A TRUE COPY OF THE ORDER DATED 28.02.2025 IN O.A. NO. 180/456/2023 ISSUED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH