Three retired passport officers challenged the Central Administrative Tribunal's order directing recalculation of their pensionary benefits. The High Court dismissed the petition, finding no infirmity in the Tribunal's order.
The Original Petition is dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
&
THE HONOURABLE MR. JUSTICE ASHOK MENON
MONDAY, THE 03RD DAY OF JUNE 2019 / 13TH JYAISHTA, 1941
OP (CAT).No. 136 of 2019
AGAINST THE ORDER/JUDGMENT IN OA 180/00521/2015 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH DATED 07-02-2019
PETITIONER/S:APPLICANTS 2, 6 & 3
1 SMT.P.K.SUDHA, AGED 66 YEARS WIFE OF P.PAVITHRAN, PASSPORT GRANTING OFFICER (RETIRED), PASSPORT OFFICE, MALAPPURAM, RESIDING AT SITHARA, FLORICAN ROAD, KARAPARAMBA (P.O), KOZHIKODE673 010.
2 SMT.E.SAROJINI, WIFE OF P.KESAVAN, PASSPORT GRANTING OFFICER (RETIRED), PASSPORT OFFICE, KOZHIKODE, RESIDING AT SARITHA HOUSE, BEYPORE (P.O), KOZHIKODE- 673015.
3 SMT.ANNIAMMA MANI, WIFE OF MATHEW VARGHESE VAIDYAN, PASSPORT GRANTING OFFICER (RETIRED), PASSPORT OFFICE, COCHIN, RESIDING AT NIT CAMPUS, NO.D ELEVEN A, NIT CAMPUS (P.O), CALICUT- 673601.
BY ADVS. SRI.A.V.THOMAS (SR.) SRI.LIJO JOSEPH SRI.NIDHI SAM JOHNS
RESPONDENTS/RESPONDENTS:
1 UNION OF INDIA, REPRESENTED BY SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI- 110001.
OP(CAT)136/2019
-2-
BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 03.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
OP(CAT)136/2019
-3-
JUDGMENT
The Tribunal has directed that the pensionary benefits of the
petitioners are to be recalculated from the date of their initial entry.
The petitioners have retired long back and the question of seniority cannot be taken up at this distance of time. We do not find any infirmity in the impugned order of the Tribunal warranting interference at our hands.
The Original Petition is dismissed.
Sd/-
V.CHITAMBARESH
JUDGE
Sd/-
ASHOK MENON
JUDGE
jg
OP(CAT)136/2019
-4-
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE O.A.180/00521/2015 ALONG WITH ANNEXURES A1 TO A11.
EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT DATED 09.09.2015 FILED BY THE RESPONDENTS IN O.A.NO.180/2015.
EXHIBIT P3 TRUE COPY OF THE REJOINDER DATED 19.09.2015 FILED BY THE PETITIONERS AND OTHER APPLICANTS IN O.A.NO.180/2015.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 07.02.2019 IN O.A.NO.180/00521/2015.
1 issue framed by the court
Whether the High Court should interfere with the Tribunal's order directing recalculating of pensionary benefits based on initial entry date.
Smt. P.K. Sudha
Smt. E. Sarojini
Smt. Anniamma Mani
Union of India
The Chief Passport Officer & Joint Secretary (CPV)
The Under Secretary (CPV-RTI & Cadre)
V. CHITAMBARESH
ASHOK MENON
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
