The High Court dismissed the petitioner's appeal against the Central Administrative Tribunal's order denying pension and other benefits. The court upheld that the petitioner, lacking requisite qualifying service of 20 years, was not entitled to reimbursement benefits and found no error in the Tribunal's reasoning regarding pension deductions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
TUESDAY, THE 4TH DAY OF SEPTEMBER 2012/13TH BHADRA 1934
OP (CAT).No. 2815 of 2012 (Z)
AGAINST THE ORDER IN OA.1125/2011 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH DATED 15/03/2012
PETITIONER:
SREEKANDAN NAIR RAJANI NIVAS, ALAMCODE, AMBALATHINKALA P.O. KATTAKKADA P.O., THIRUVANANTHAPURAM.
BY ADVS.SRI.B.KRISHNA MANI
SRI.RAHUL VENUGOPAL SRI.D.KESAVAN NAIR
RESPONDENTS:
BY SRI.C.S.DIAS,SC, RAILWAYS
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 04-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (CAT).No. 2815 of 2012 (Z)
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1(A) : TRUE COPY OF THE REPLY STATEMENT DATED 27/01/2012 IN O.A. NO.1125/2011 BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM.
EXT.P2 : TRUE COPY OF THE ORDER DATED 15/03/2012 IN O.A. NO.1125/2011 FILED BY THE PETITIONER BEFORE THE HON'BLE CENTRAL ADMINSTRATIVE TRIBUNAL, ERNAKULAM.
/TRUE COPY/
PA TO JUDGE
Manjula Chellur, Ag. C.J. & A.M. Shaffique, J.
JUDGMENT
Manjula Chellur, Ag. C.J.
Heard learned counsel for the petitioner. We have gone through the order of Central Administrative Tribunal, Ernakulam Bench.
OP(CAT) No.2815 of 2012
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reimbursement benefit. He had to put in 20 years of service to get the benefit of reimbursement. As the qualifying service of the petitioner is only 13½ years, he was not entitled for this benefit also.
Manjula Chellur, Ag. Chief Justice.
A.M. Shaffique, Judge.
ttb/04/09
OP(CAT) No.2815 of 2012
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2 issues framed by the court
Whether the petitioner was entitled to pension and medical reimbursement benefits by reckoning his service from 1990.
Whether the petitioner is entitled to arise regarding reserved dues due to the wrong deduction from his pension.
Sreekandan Nair
Union of India Represented by the Divisional Railway Manager
Manjula Chellur
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
