High Court of Kerala disposed of Administrative Service Ceiling Tribunal petitions by directing respondents to disburse pending pay fixation benefits to petitioners within three months based on a central letter.
Direct respondents to disburse pending pay fixation benefits to petitioners within three months and dismiss the original 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 V.CHITAMBARESH
& THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY, THE 19TH DAY OF SEPTEMBER 2019 / 28TH BHADRA, 1941
OP (CAT).No.1266 OF 2012(Z)
AGAINST THE COMMON ORDER DATED 23-01-2012 IN OA 303/2011 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER:
MOHANAKUMAR K.,CHARGE MAN 1 (ICE), NAVAL SHIP REPAIR YARD,NAVAL BASE, KOCHI 680 004,RESIDING AT PAMBA VIHAR, DEFENCE QUARTERS,TYPE III A-5, PALLURUTHY, KOCHI 6.
BY ADVS. SRI.S.RADHAKRISHNAN SMT.LATHIKA MOHAN SRI.S.RAJ MOHAN KUM.K.SARITHA (PALLOM)
RESPONDENTS:
1 UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF DEFENCE,NORTH BLOCK, NEW DELHI 110 001.
OP(CAT) No.1266/2012, 1267/2012 & 1386/2012
2
6 THE JOINT CONTROLLER OF DEFENCE ACCOUNT, AREA ACCOUNTS OFFICE (NAVY), PERUMMANNUR (KOCHI 10).
R1 BY ADV. SRI P VIJAYAKUMAR ASG R1 BY ADV. ADV.T.SANJAY R1-6 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 19.09.2019, ALONG WITH OP (CAT).1267/2012(Z), OP (CAT).1386/2012(Z), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(CAT) No.1266/2012, 1267/2012 & 1386/2012
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
&
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY,THE 19TH DAY OF SEPTEMBER 2019/28TH BHADRA, 1941
OP (CAT).No.1267 OF 2012
AGAINST THE COMMON ORDER DATED 23-01-2012 IN
OA 283/2011 OF CENTRAL ADMINISTRATIVE TRIBUNAL,
ERNAKULAM BENCH
PETITIONERS:
1 C.J.POULOSE,FORMAN (ICE), NAVAL SHIP REPAIR YARD, NAVAL BASE, KOCHI – 680 004, RESIDING AT CHOOTHUKULAYIL HOUSE, S.N.PURAM,ALUVA WEST VILLAGE,ALUVA.
BY ADVS. SRI.S.RADHAKRISHNAN SMT.LATHIKA MOHAN SRI.S.RAJ MOHAN KUM.K.SARITHA (PALLOM)
RESPONDENTS:
1 UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA,MINISTRY OF DEFENCE, NORTH BLOCK - NEW DELHI 110001.
OP(CAT) No.1266/2012, 1267/2012 & 1386/2012
4
R1 BY ADV. SRI P VIJAYAKUMAR ASG R1 BY ADV. SRI.P.PARAMESWARAN NAIR ASG OF INDIA
R1 BY ADV. SMT.GOVINDA P.RENUKADEVI CGC R1 BY ADV. SRI.A.R.GANGADAS CGC
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 19.09.2019, ALONG WITH OP (CAT).1266/2012(Z), OP (CAT).1386/2012(Z), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(CAT) No.1266/2012, 1267/2012 & 1386/2012
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
&
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY,THE 19TH DAY OF SEPTEMBER 2019/28TH BHADRA, 1941
OP (CAT).No.1386 OF 2012
AGAINST THE COMMON ORDER DATED 23-01-2012 IN OA 303/2011 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS:
1 K.BALAKRISHNAN,FOREMAN(PPC), NAVAL SHIP REPAIR YARD,NAVAL BASE, KOCHI-680 004,RESIDING AT NO.15, PADMAPRIYA,PRATHEEKSHA NAGAR, THOPPUMPADY,KOCHI-682 004.
2 S.MOHAN RAJ,FOREMAN(RADIO, NAVAL SHIP REPAIR YARD), NAVAL BASE,KOCHI-682 004, RESIDING AT NO.27/1798-A, L-24,KASTURBA NAGAR, KOCHUKADAVANTHRA,KOCHI-682 020.
OP(CAT) No.1266/2012, 1267/2012 & 1386/2012
6
KOCHI-682 004,RESIDING AT VIJAYA BHAVAN, KANNANAKUZHY.P.O.,MAVELIKKARA, ALAPPUZHA-690 504.
BY ADVS. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH
RESPONDENTS:
3 THE CHIEF STAFF OFFICER (PERSONNEL AND ADMINISTRATION),HEAD QUARTERS, SOUTHERN NAVAL COMMAND,NAVAL BASE, KOCHI – 682 004.
R1 BY ADV. SRI.T.SANJAY CGC R1-6 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 19.09.2019, ALONG WITH OP (CAT).1266/2012(Z), OP (CAT).1267/2012(Z), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(CAT) No.1266/2012, 1267/2012 & 1386/2012
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JUDGMENT
Chitambaresh, J.
The communication dated 08.08.2019 received by the Staff Officer, Southern Naval Command, Kochi has been
passed on to us. The same is extracted below:
“The documents forwarded vide your above cited letter has been scrutinised and the following is observed.
However the I.A. to OA 1386/2012 has been examined and it is advised that benefit of pay fixation as per Ministry of Finance, Department of Expenditure letter no.F-21/2015-E-III(A) dated 16.10.2015 may be extended subject to fulfillment of conditions as laid down in para 6 of the said order.”
course of action adopted in the letter aforesated. They do not intend to prosecute the original petitions further therefore. The Assistant Solicitor General submits that the directions in
the letter would be adhered to and the same is hereby recorded.
OP(CAT) No.1266/2012, 1267/2012 & 1386/2012
8
V. CHITAMBARESH JUDGE
ASHOK MENON JUDGE
ncd
1 issue framed by the court
Whether petitioners are eligible for pay fixation benefits as per Ministry of Finance guidelines
Mohanakumar K.
Union of India
C.J. Poulouse
M. Vijayan
K. Balakrishnan
S. Mohan Raj
V. Chitambaresh
Ashok Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
