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Kerala High Court
Defence Estate Officer vs Smt. Sarada K.G on 6 January, 2026
O.P.(CAT).No.111 of 2025
: 1 :-
2025:KER:98026
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN
TUESDAY, THE 6TH DAY OF JANUARY 2026 / 16TH POUSHA, 1947
OP (CAT) NO. 111 OF 2025
(AGAINST THE ORDER/JUDGMENT DATED 09.07.2025 IN RA NO.20
OF 2024 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
ARISING OUT OF THE ORDER/JUDGMENT DATED 10.09.2024 IN OA
NO.410 OF 2023 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM
BENCH)
PETITIONERS/RESPONDENTS 1 TO 4 IN OA:
1 DEFENCE ESTATE OFFICER,
DEFENCE ESTATE OFFICE, COCHIN, MINISTRY OF DEFENCE,
GOVERNMENT OF INDIA, JRWA/1-2/9, SREE
KOUSTHUBHAM,JUSTICE LANE, JANATHA ROAD, VYTILLA,
COCHIN, PIN - 682019
2 PRINCIPAL DIRECTOR,
DEFENCE ESTATES, MINISTRY OF DEFENCE,GOVERNMENT OF
INDIA, SOUTHERN COMMAND, (NEAR ECHS POLICLINIC),
PUNE CONTONMENT, PIN - 411010
3 DIRECTOR GENERAL,
DEFENCE ESTATES, MINISTRY OF DEFENCE,GOVERNMENT OF
INDIA, RAKSHASAMPADA BHAVAN, UTTENBAATAR MARG, DELHI
CONTONMENT, PIN - 110010
4 PRINCIPAL CONTROL OF DEFENCE ACCOUNTS (PENSION),
DRAUPADI GHAT, ALLAHABAD, UTTARPRADESH, PIN - 211014
BY ADV SAJITH KUMAR V., SENIOR PANEL COUNSEL
RESPONDENTS/APPLICANT AND RESPONDDENTS 5 AND 6:
1 SMT. SARADA K.G,
O.P.(CAT).No.111 of 2025
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2025:KER:98026
AGED 79 YEARS
W/O LATE P.G PARAMESWARAN, RESIDING AT KALARICKAL
HOUSE, MELADOOR, P.O, MELADOOR (VIA) ANNAMANADA,
THRISSUR DISTRICT, PIN - 680741
2 THE CHIEF MANAGER,
UNION BANK OF INDIA, CENTRALIZED PENSION PROCESSING
CENTRE,GOVERNMENT BUSINESS DIVISION, PBOD, 239,
VIDHAN BHAVAN MARG, NARIMAN POINT,MUMBAI, PIN -
400021
3 THE BRANCH MANAGER,
UNION BANK OF INDIA, BRANCH OFFICE, MALA, THRISSUR
DISTRICT., PIN - 680073
BY ADVS.
SHRI.P.K.MADHUSOODANAN (R1)
SHRI.ASP.KURUP
SHRI.P.M.BINOY KRISHNA
SRI.SADCHITH.P.KURUP
SHRI.SIVA SURESH
SMT.B.SREEDEVI
SMT.ATHIRA VIJAYAN
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON
18.12.2025, THE COURT ON 6.1.2026 DELIVERED THE
FOLLOWING:
O.P.(CAT).No.111 of 2025
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2025:KER:98026
SUSHRUT ARVIND DHARMADHIKARI,
&
P.V.BALAKRISHNAN,JJ.
-------------------------------------
O.P.(CAT). No. 111 of 2025
---------------------------------
Dated this the 6th day of January 2026
JUDGMENT
P.V.BALAKRISHNAN,J
This Original Petition is filed by respondents 1 to 4 in
O.A.No.180/00410/2023 challenging the order dated 10.9.2024
allowing the O.A filed by the respondent herein and also the order
dated 09.07.2025 in Review Application No.180/00020/2024
dismissing the Review Application filed by them.
2. This original petition is filed by the petitioners aggrieved by
the order imposing a cost of Rs.10,000/- upon them, while allowing
the O.A on the ground that they were negligent in prosecuting the
matter.
3. Heard Adv. Sajith Kumar, the learned Senior Panel Counsel
appearing for the petitioners and Adv.Madhusoodanan, the learned
counsel appearing for the 1st respondent.
4. The learned counsel for the petitioners submitted that the
petitioners had no knowledge about the pendency of the
proceedings before the Tribunal, till they received notice from the
counsel on 14.08.2024. He also submitted that the earlier
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2025:KER:98026
communication sent by the Senior Panel Counsel through e-mail was
not received by the petitioners, since the email was inoperative and
the address was defective. He contended that there are no willful
laches or omission on the part of the petitioners in prosecuting the
OA and therefore, prayed that the order imposing cost may be set
aside.
5. Per contra, the learned counsel for the first respondent
supported the impugned order imposing cost and contended that
there are no grounds to interfere with the same.
6. A perusal of the order dated 10.9.2024 would go to show
that the Tribunal has imposed cost on the petitioners due to gross
negligence exhibited by them in presenting the true facts and
assisting the Tribunal in disposing the OA, by filing the statement.
The relevant paragraphs reflecting the reasons for imposing costs
are extracted below;
Para 4- "The Original Application was admitted on
23.8.2023. At that time, Smt.Sheela Devi I, Senior Panel
Counsel took notice for the respondents 1 to 4 and then
onwards the respondents 1 to 4 prayed for time for filing
reply, but so far no reply has been filed. At that time,
notice was sent to respondents 5 and 6, who filed a reply
contending that the O.A.is not maintainable. According to
them, they are only the disbursing authority, that they
have no role in computation of pension and therefore the
O.A is liable to be dismissed."
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2025:KER:98026
Para 7- "As mentioned earlier, even though the learned
Senior Panel Counsel had entered appearance at the
threshold itself and represented the respondents and
remained present on all the occasions when the O.A.was
posted for hearing, she could not make any submission
either accepting or controverting the contentions raised
by the applicant. At last the learned Standing Counsel
expressed her inability to appraise the Court regarding
the correctness or otherwise of the contentions raised by
the applicant. According to her, even though she had
repeatedly tried to contact the respondents, they did not
give the statement of facts. This Tribunal understands the
difficulty of the learned Standing Counsel in giving a
statement either in favour of or disputing the claims
raised by the applicant."
Para 8- "I heard the learned counsel for the applicant and
also the learned Senior Panel Counsel for the
respondents. As stated earlier, the learned Senior Panel
counsel could not make any contribution since she was
not appraised of the contentions raised by the applicant."
7. The facts, as discussed in the afore paragraphs by the
learned Tribunal, would clearly show that there were considerable
laches/negligence on the part of the petitioners in prosecuting the
case before the Tribunal. Even though, the petitioners were granted
sufficient time and opportunity i.e., more than a year, they did not
choose to give instructions to the standing counsel or file reply. The
communication dated 8.8.2024 issued by the Standing Counsel to
the petitioners and, which was taken note by the Tribunal while
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considering the Review Application, also confirm the said facts. In
such circumstances, we are of the view that the order imposing cost
on the petitioners by the Tribunal cannot be faulted with.
8. Be that as it may, it is also relevant to note that the
contentions now taken in this original petition regarding the non
receipt of communication from the Panel Counsel, does not find a
place in the Review Application (Ext.P7). Instead, what is stated in
Ext.P7 is that the petitioners did not receive any notice either from
the Tribunal or from the applicant, so that they could respond to the
same. The afore fact confirms the fact that there is no bona fide in
the contentions now raised by the petitioners.
Ergo, we do not find any merit in this Original Petition and the
same is accordingly dismissed.
Sd/-
SUSHRUT ARVIND DHARMADHIKARI
Judge
Sd/-
P.V.BALAKRISHNAN
Judge
dpk
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APPENDIX OF OP (CAT) NO. 111 OF 2025
PETITIONER ANNEXURES
Annexure A12 A TRUE COPY OF THE SPEAKIING ORDER NO. G1/
CIVIL/7CRC/MISC./V DATED 24.8.2022 OF THE
4TH RESPONDENT
Annexure A1 TRUE COPY OF THE ANNEXURE-E REVISED
CALCULATION SHEET ISSUED BY THE ASSISTANT
DEFENCE ESTATE OFFICER, KOCHI-16
Annexure A2 TRUE COPY OF THE LAST BASIC PAY DRAWN BY
P. G. PARAMESWARAN IN PPO NO. 414198900273
Annexure A3 TRUE COPY OF THE CORRIGENDUM P.P.O.
RECTIFYING THE MISTAKE BY ENTERING BASIC
PAY AS RS. 2825/- INSTEAD OF RS. 2540/-,
ISSUED BY THE 4TH RESPONDENT
Annexure A4 TRUE COPY OF THE PENSION PAYMENT PAYSLIP
FOR THE MONTH OF AUGUST, 2017 ISSUED FROM
THE UNION BANK OF INDIA, BRANCH OFFICE,
MALA
Annexure A5 TRUE COPY OF THE LETTER DATED 29/6/2018 OF
THE SENIOR ACCOUNTS OFFICER (PENSION) OF
THE 4TH RESPONDENT COMMUNICATING THE 5TH
RESPONDENT THE METHODOLOGY TO BE ADOPTED
FOR PAYMENT OF ADDITIONAL PENSION TO OLD
PENSIONERS.
Annexure A6 TRUE COPY OF THE LETTER DATED 10/11/2020
OF THE ASST. ACCOUNTS OFFICERS (PENSION)
OF THE 4TH RESPONDENT REQUESTING 5TH
RESPONDENT TO INTIMATE THE REASON FOR
RECOVERY FROM PENSION.
Annexure A7 TRUE COPY THE PENSION PAYMENT PAY SLIP FOR
THE MONTH OF JUNE, 2019
Annexure A8 TRUE COPY OF THE RELEVANT EXTRACT OF THE
DUE DRAWN STATEMENT DATED 29/4/2022 TO THE
PENSIONER BY THE 6TH RESPONDENT
Annexure A9 TRUE COPY OF THE LETTER DATED 8/4/2019 OF
THE 2ND RESPONDENT INSTRUCTING THE 1ST
RESPONDENT TO TAKE IMMEDIATE ACTION FOR
EARLY FINALIZATION OF PENSION CASE OF P.G.
PARAMESWARAN.
Annexure A10 TRUE COPY OF THE LETTER DATED 19/3/2019
ISSUED BY THE SECTION OFFICER (ADMIN) OF
THE 3RD RESPONDENT DIRECTING THE 2ND
RESPONDENT TO TAKE IMMEDIATE ACTION FOR
EARLY FINALIZATION OF THE PENSION CASE OF
P. G. PARAMESWARAN
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2025:KER:98026
Annexure A11 TRUE RELEVANT EXTRACT OF THE APPEAL DATED
7/7/2022 REGISTERED BY THE PENSIONER'S
DAUGHTER P.P. SAJITHA BEFORE THE COMPLAINT
CELL, PENSIONS AND PENSIONERS WELFARE,
MINISTRY OF DEFENCE, NEW DELHI
Annexure A13 TRUE COPY OF THE REPRESENTATION DATED
12/9/2022, SUBMITTED BY SON OF THE
APPLICANT AND LATE P.G. PARAMESWARAN,
BEFORE THE 1ST RESPONDENT.
Annexure A14 TRUE COPY OF THE LETTER DATED 18/10/22 OF
THE 1ST RESPONDENT TO THE MANAGER, UNION
BANK OF INDIA, KATTOOR BRANCH, TRICHUR -
680702
Annexure RA1 CERTIFIED COPY OF THE ORDER DATED
10.09.2024 IN O.A. NO. 410/2023 OF THE
HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL,
ERNAKULAM BENCH
Annexure RA2 TRUE COPY OF THE DUE STATEMENT OF BASIC
PENSION, ADDITIONAL PENSION AND DA
ENTITLEMENT FOR THE PERIOD FROM 01.01.2016
TO THE DATE OF DEATH OF THE PENSIONER
Annexure RA3 TRUE COPY OF THE DETAILS OF PENSION DRAWN
BY THE PENSIONER FOR THE ABOVE PERIOD AS
PER DATA PROVIDED BY THE BANK
Annexure RA4 TRUE COPY OF THE O.M.NO. 38/37/2016-
P&PW(A) DATED 06.07.2017 ISSUED BY GOI,
MIN OF P.PG & PENSIONS, DEPARTMENT OF P&PW
Annexure RA5 TRUE COPY OF THE LETTER NO. COC/DE/1/17
DATED 18.10.2022 ISSUED BY THE 1ST REVIEW
APPLICANT/1ST RESPONDENT TO THE UNION BANK
OF INDIA
Exhibit P1 A TRUE COPY OF THE OA 410/2023 FILED BY
THE 1ST RESPONDENT BEFORE THE HONORABLE
CENTRAL ADMINISTRATIVE TRIBUNAL
Exhibit P2 A TRUE COPY OF THE REPLY STATEMENT FILED
BY THE 6TH RESPONDENT BEFORE THE HON'BLE
CENTRAL ADMINISTRATIVE TRIBUNAL
Exhibit P3 A TRUE COPY OF THE NOTICE DATED 08.08.2024
ISSUED BY THE COUNSEL BEFORE THE CAT TO
THE 4TH PETITIONER
Exhibit P4 A TRUE COPY OF THE LETTER DATED 22.08.2024
ISSUED BY THE 4TH PETITIONER TO THE 1ST
PETITIONER ALONG WITH ITS TYPED COPY
Exhibit P5 A TRUE COPY OF THE RELEVANT PAGES OF THE
INSPECTION REPORT FORWARDED TO THE 4TH
RESPONDENT BY THE OFFICE OF THE CONTROLLER
GENERAL OF DEFENSE ACCOUNTS (PENSION) BY
LETTER DATED 12/03/2024
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2025:KER:98026
Exhibit P6 A TRUE COPY OF THE ORDER DATED 10.09.2024
IN OA 410/2023 OF THE HONOURABLE CENTRAL
ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH
Exhibit P7 A TRUE COPY OF THE R.A NO. 20/2024 IN OA
Exhibit P8 A TRUE COPY OF THE OBJECTION TO THE REVIEW
APPLICATION FILED BY APPLICANT/1ST
RESPONDENT HEREIN
Exhibit P9 A TRUE COPY OF THE ORDER DATED 09.07.2025
Exhibit P10 A TRUE COPY OF THE CIRCULAR NO.57 ISSUED
BY 4TH PETITIONER DATED 17.09.2008
Exhibit P11 A TRUE COPY OF THE CIRCULAR NO. 102 DATED
11.02.2013 ISSUED BY THE 4TH PETITIONER
Exhibit P12 A TRUE COPY OF THE CIRCULAR NO. C 153
DATED 12.08.2016 ISSUED BY THE 4TH
PETITIONER
Exhibit P13 A TRUE COPY OF THE OM F NO. 38/37/2016-P &
PW(A) DATED 06.07.2017 ALONG WITH TABLE
NO. 22 ISSUED BY THE DEPARTMENT OF PENSION
AND PENSION WELFARE
Exhibit P14 A TRUE COPY OF THE LETTER DATED 19.08.2025
ISSUED BY THE 4TH PETITIONER
Annexure A A true copy of the complete Pensioner
enquiry report dated 29.10.2025
Annexure B A true copy of the Bank Statement dated
28.10.2025
