The High Court of Kerala dismissed the writ petition challenging the rejection of an enhanced family pension claim. Relying on previous verdicts holding the issue final, the Court found no merit and dismissed the petition.
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
THURSDAY, THE 11TH DAY OF AUGUST 2016/20TH SRAVANA, 1938
WP(C).No. 35875 of 2009 (S)
AGAINST THE ORDER IN OA 424/2007 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH DATED 20.06.2008 AND ORDER DATED 06-10-2009 IN R.P.43 OF 2009 IN O.A.424/2007
PETITIONERS/RESPONDENTS:
BY ADVS.SRI.M.C.CHERIAN,SR.SC.,RAILWAYS SRI.C.S.DIAS,SC, RAILWAYS
RESPONDENT/APPLICANT:
V.SAMPOORNAM, W/O. LATE P. ARUMUGHAM, RESIDING AT DOOR NOS.74/1 STREET, SASTRI NAGAR,, SADAMPALAYAM ROAD, ERODE-2.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 35875 of 2009 (S)
APPENDIX
PETITIONER'S EXHIBITS:
| EXT.P1 | : | TRUE COPY OF FAMILY PENSION SCHEME CONTAINED IN RULE 75 OF RAILWAY SERVICES (PENSION RULES, 1993 |
|---|---|---|
| EXT.P2 | : | TRUE COPY OF ORDER DATED 5.11.1997 OF RAILWAY BOARD |
| EXT.P3 | : | TRUE COPY OF RAILWAY SERVICES (EXTRA ORDINARY PENSION) RULES 1993 CONTAINED IN SCHEDULE III AND IV. |
| EXT.P4 | : | TRUE COPY OF O.A.NO. 424/2007 ALONG WITH ANNEXURES OF CAT/ERNAKULAM |
| EXT.P5 | : | TRUE COPY OF REPLY STATEMENT IN O.A.NO.424/2007 ALONG WITH ANNEXURES OF CAT/ERNAKULAM. |
| EXT.P6 | : | TRUE COPY OF AFFIDAVIT FILED BY RAILWAY IN O.A.No.424/2007 OF CAT/ERNAKULAM |
| EXT.P7 | : | TRUE COPY OF ORDER DATED 20.06.2008 OF CAT/ ERNAKULAM IN O.A.No.424/2007 |
| EXT.P8 | : | TRUE COPY OF JUDGMENT DATED 16.03.2009 IN W.P(C)No.8051/2009 OF HON'BLE HIGH COURT OF KERALA. |
| EXT.P9 | : | TRUE COPY OF REVIEW PETITION R.P.No.43/2009 IN O.A.No.424/2007 ALONG WITH ANNEXURES OF CAT/ERNAKULAM |
| EXT.P10 | : | TRUE COPY OF ORDER DATED 04.06.2009 OF CAT/ ERNAKULAM IN C.P.(C)No.43/2009 IN O.A.No. 424/2007 |
| EXT.P11 | : | TRUE COPY OF ORDER DATED 06.10.2009 OF CAT/ ERNAKULAM IN R.P.No.43/2009 IN O.A.No.424/2007 |
/TRUE COPY/
P.S. TO JUDGE.
P.R. RAMACHANDRA MENON &
ANIL K. NARENDRAN, JJ.
W.P.(C)No.35875 OF 2009
Dated this the 11th August, 2016
JUDGMENT
P.R. Ramachandra Menon, J.
O.A.No.424 of 2007 was filed before the Tribunal with the
following prayers:
“i) Declare that the applicant is entitled to be granted enhanced family pension at the rate provided for in Annexure A1 with a minimum of Rs.2500/- per month plus relief as admissible with effect from 1.1.96.
ii) Direct the respondents to grant the enhanced family pension as declared in para (i) above with all consequential arrears of pension and dearness relief thereon;
iii) Direct the respondents to pay interest on the delayed payment of arrears of enhanced pension at the rates and from the dates as found just and proper by this Hon'ble Tribunal upto the date of full and final settlement of the same;
iv) award costs of and incidental to this Application
v) Pass such other orders or directions as deemed just, fit and necessary in the facts and circumstances of the case. “
2. The relief was sought to be resisted from the part of the
respondents on various grounds. After hearing both the sides, the
2
W.P.(C)No.35875 OF 2009
O.A. was disposed of as per order dated 20.06.2008, the operative portion of which reads as follows:
“For the reasons stated above, the O.A. is allowed. It is declared that the applicant is entitled to the enhanced family pension as provided in the Railway Board's order dated 8.3.2000 (Annexure-A1).M.A.No.477/07 for condonation of delay is also allowed. The respondents are directed to sanction and pay the enhanced family pension at the rate of 60% of basic pay subject to a minimum of Rs.2500/- with all consequential arrears to the applicant, within a period of three months from the date of receipt of a copy of this order. No order as to costs. “
3. Pointing out that there were some errors apparent on
the face of the records, it was sought to be reviewed by filing Review Application, wherein interference was declined and the Review Application came to be dismissed, which in turn is under challenge in this writ petition.
3
W.P.(C)No.35875 OF 2009
with connected matter (which arose from the verdict passed by the Tribunal allowing O.A.No.105 of 2006) were dismissed, holding the position against the petitioners/Railways. The said verdict was followed in W.P.(C)No.37947 of 2008 (as per judgment dated 05.04.2016) and exactly similar course was pursued in W.P.(C)No.9670 of 2009 preferred by the Government of India and the Railways (arising from O.A.No.803 of 2007). The learned Standing Counsel for the petitioners/Railways fairly submits that the issue has become final and that the matter could be disposed of in terms of the aforesaid verdicts.
In the above circumstance, we find that there is absolutely no merit in the writ petition and the same is dismissed in terms of the verdicts as mentioned above.
P.R. RAMACHANDRA MENON, JUDGE
ANIL K. NARENDRAN, JUDGE
lk
2 issues framed by the court
Whether the writ petition challenging the dismissal of enhanced family pension claim has merit having become final by previous verdicts.
Whether the railway's submission that the issue is closed should be accepted to dismiss the petition.
Colour shows how this judgement treated each authority
unspecifiedRelied on¶45
W.P.(C)No.37947 of 2008
unspecifiedRelied on¶45
W.P.(C)No.9670 of 2009
Union of India and Others
V. Sampooram
P.R. Ramachandra Menon
Anil K. Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
