Dismissed

Union of India and Others v. Lt.Col.v.C.Poulose

Kerala HC22 Jun 2010RP/540/2010

Case brief

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What is this about?

This review petition challenged a judgment directing payment of pensionary benefits to a retired Army Officer by the Army Postal Service. The court held that since the officer retired as a Commissioned Officer of the Army, the original judgment was correct and the review petition was dismissed.

What did the court decide?

Review petition dismissed; no interference with the original judgment directing payment of pension by the Army.

Union of India and Others Vs Lt.Col.v.C.Poulose — Pension and Retirement Benefits | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE ANTONY DOMINIC

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TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932

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RP.No. 540 of 2010() -------------------AGAINST THE JUDGEMENT IN WPC.5183/2008 Dated 29/09/2009 ....................

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REVIEW PETITIONER(S): RESPONDENTS

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UNION OF INDIA REPRESENTED BY ITS SECRETARY,MINISTRY OF DEFENCE,SOUTH BLOCK, NEW DELHI-110 001.

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CHIEF OF ARMY STAFF,ARMY HEAD QUARTERS, NEW DELHI.

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ADDITIONAL DIRECTOR GENERAL,ARMY POSTAL SERVICE,ARMY HEAD QUARTERS,NEW DELHI.

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PRINCIPAL COMPTROLLER OF DEFENCE ACCOUNTS(PENSION),ALLAHABAD.

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DIRECTOR GENERAL OF POSTS,SANCHAR BHAVAN PARLIAMENT STREET,NEW DELHI.

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DIRECTOR OF ACCOUNTS (POSTAL)APS ACCOUNTS,DEPARTMENT OF POSTS,NAGPUR-400001.

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BY ADV. SRI.ABRAHAM THOMAS (PUTHURAN)

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RESPONDENT(S): PETITIONER

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LT.COL.V.C.POULOSE,ARMY POSTAL SERVICE (RTD),H.NO.1717D,VALAKKATTU JANATHA ROAD, SOUTH END,VYTTILA,COCHIN-682019.

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 22/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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ANTONY DOMINIC, J

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R.P.540/2010 in W.P.(C).5183/2008

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Dated this the 22^nd day of June, 2010

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ORDER

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In this Review Petition, review of the judgment in W.P.(C). 5183/2008 is sought for by the respondents in the writ Petition.

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Writ petition was disposed of directing that the petitioner be paid pensionary benefits on the basis that he retired from the Army as Lieutenant Colonel on 30.4.2000. In the review petition, the stand taken by the review petitioners is that the writ petitioner was on deputation from the Postal Department and that therefore, his pensionary benefits are to be settled by the Postal Department.

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Facts show that although, initially, the petitioner was a member of the Postal service, after his initial deputation to the Army Postal Service, (APS), petitioner responded to a notification issued by the Army authorities, got himself selected and was appointed as Commissioned Officer and on that basis he earned promotions and was finally promoted as Lieutenant Colonel,

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R.P.540/10

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from which post he retired in April 2000. Orders of appointment in this behalf have been produced in the writ petition. It is also seen that the fact that the writ petitioner has retired as Lieutenant Colonel from the Army and his entitlement for retirement benefits admissible under the Rules has been upheld by the Panjab and Haryana High Courts in Ext.P16 judgment to which review petitioners are parties. That judgment has become final and is binding on the parties.

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In the light of the above materials, I am not persuaded to conclude that there is any error in the judgment warranting interference in this Review Petition.

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Review Petition will stand dismissed accordingly.

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ANTONY DOMINIC, Judge

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mrcs

Union of India and Others v. Lt.Col.v.C.Poulose

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Union of India and Others v. Lt.Col.v.C.Poulose

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