This writ petition, filed by the Government challenging a Central Administrative Tribunal order awarding annual increments and bonus to an employee, was dismissed by the High Court of Kerala. The Court held that the issue was squarely covered by earlier judgments dismissing similar petitions.
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 HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
&
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
MONDAY, THE 23RD DAY OF MAY 2016/2ND JYAISHTA, 1938
WP(C).No. 11399 of 2009 (S)
AGAINST THE ORDER IN OA 501/2008 of CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH DATED 06-11-2008
PETITIONER(S):
BY ADV. SRI.A.D.RAVINDRA PRASAD
RESPONDENT(S):
SRI.UMMER KOYA, AGED 37 YEARS, S/O.SYEDALI, GDSMD PUTHUR PALLICKAL P.O., MALAPPURAM RESIDING AT KIZHESSERIMEDU HOUSE, PUTHOOR PALLICKAL P.O., MALAPPURAM-673 636.
BY ADV. SRI.M.A.SHAFIK
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 11399 of 2009 (S)
APPENDIX
PETITIONER'S EXHIBITS :
EXHIBIT P1 : TRUE COPY ORIGINAL APPLICATION NO. 501/2008 DATED 9.8.2008
EXHIBIT P2 : TRUE COPY OF THE REPLY STATEMENT DATED 26.09.2008
EXHIBIT P3 : TRUE COPY OF ORDER DATED 06.11.2008 IN O.A. NO. 501/2008
EXHIBIT P4 : TRUE COPY OF ORDER DATED 20.10.2008 IN O.A. NO. 698/2007.
/TRUE COPY/
P.A. TO JUDGE
P.R. RAMACHANDRA MENON &
ANIL K. NARENDRAN, JJ.
JUDGMENT
Ramachandra Menon, J.
This writ petition is filed by the petitioners challenging the order dated 06.11.2008 of the Central Administrative Tribunal in O.A. No. 501 of 2008. The O.A. was filed with the following prayers :
“(i) To call for the records relating to Annexure A1 to A3 and to declare that the applicant is entitled and eligible to annual increments of pay/TRCA with effect from 14.09.2003 onwards in the Scale of Pay of Rs.1740-3-2640 and also ex-gratia payment of bonus from the year 2002-2003 till date and denial of the same is illegal and arbitrary.
(ii) To direct the respondents to draw the annual increments of pay/TRCA and ex-gratia payment of bonus from 2003 onwards and to grant all consequential benefits including the arrears of backwages with 18% penal interest immediately.
(iii) To issue such other appropriate orders or directions this hon'ble tribunal may deem fit just and proper in the circumstances of the case; and
(iv) grant the costs of this Original Application.”
W.P.(C) No. 11399 of 2009
: 2 :
06.11.2008, relying on the earlier judgments rendered by the Tribunal on the point. The operative portion of the impugned judgment reads as follows :
“4. In view of the above, O.A. is allowed. It is declared that the applicant is entitled to annual increase as well as productivity linked bonus. Respondents are directed to grant annual increase of TRCA to the applicant with effect from 14.9.2003 (i.e. one year after he joined) in the scale of pay 1740-302640. They shall also pay the applicant Ex-gratia payment of Productivity Linked Bonus for the accounting years 2002-2003 onwards as applicable to other regular Gramin Dak Sevaks. Arrears arising out of the abovesaid direction shall be paid to the applicant within a period of three months from the date of receipt of a copy of order. In case the respondents fail to pay arrears within the above said stipulated period, they will be liable to pay interest on the arrears due to the applicant @ 9% from the date of this order till the payments are made. No costs.”
This in turn is under challenge at the instance of the Government/Department in this writ petition.
W.P.(C) No. 11399 of 2009 : 3 :
and connected cases vide judgment dated 12.01.2012, whereby the concerned writ petitions were dismissed. It is also brought to the notice of this Court that similar course was followed in WP.(C) No.10738 of 2010 as well, preferred by the petitioners herein with reference to the very same issue as projected in this writ petition, vide judgment dated 20.03.2014. Both the judgments are placed for perusal of this Court.
Sd/-
P. R. RAMACHANDRA MENON, JUDGE
Sd/-
ANIL K. NARENDRAN, JUDGE
kmd
/True copy/
P.A. To Judge
2 issues framed by the court
Whether the grant of an order awarding annual increments and bonus by the Central Administrative Tribunal in favor of the employee should be upheld?
Whether different view should be taken in the light of settled judicial precedents regarding similar issues?
Union of India
Superintendent of Post Offices
Sri. Umeer Koya
P.R. Ramachandra Menon
Anil K. Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
