Dismissed

Union of India v. K.K.Gopalakrishnan

Kerala HC3 Jun 2019OP (CAT)/137/2019

Case brief

AI extract

What is this about?

This Original Petition challenges the Central Administrative Tribunal's order limiting the use of the respondent's GDS service to clear a pension shortfall. The High Court found no ground to interfere with the Tribunal's reliance on Madras High Court precedents and dismissed the petition.

What did the court decide?

The Original Petition filed before the High Court of Kerala at Ernakulam is dismissed.

Union of India Vs K.K.Gopalakrishnan — Pension and Retirement Benefits | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

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THE HONOURABLE MR. JUSTICE ASHOK MENON

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MONDAY, THE 03RD DAY OF JUNE 2019 / 13TH JYAISHTA, 1941

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OP (CAT).No. 137 of 2019

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AGAINST THE ORDER/JUDGMENT IN OA 180/00840/2016 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH DATED 30-07-2018

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PETITIONERS/RESPONDENTS 1 TO 3:

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1 UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF POSTS, MINISTRY OF COMMUNICATIONS, GOVERNMENT OF INDIA, NEW DELHI110001.

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2 THE CHIEF POSTMASTER GENERAL KERALA CIRCLE, TRIVANDRUM-695101

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3 THE SUPERINTENDENT OF POST OFFICES PATHANAMTHITTA POSTAL DIVISION, PATHANAMTHITTA689645

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BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA

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RESPONDENT/APPLICANT:

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K.K.GOPALAKRISHNAN

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AGED 64 YEARS, S/O.LATE KESAVANACHARI, RETIRED POSTMAN, ELAVAUMTHITTA, PATHANMATHITTA POSTAL DIVISION, RESIDING AT KAVUMKAL MEMURICK, OONAKKAVU.P.O, ANGADI, PATHANAMTHITTA DISTRICT689 674.

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BY ADV. SRI.SAJITH KUMAR V.

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THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 03.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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OP(CAT)137/2019

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OP (CAT) No.137 of 2019

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J U D G M E N T

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Chitambaresh, J.

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The Tribunal has only taken a part of the GDS service of the respondent for making up the shortfall in the ten year minimum period required for grant of pension. The respondent was appointed as a Postman with effect from 06.01.2004, though was assigned a vacancy arising in 2002 and hence fell short of ten year service by nine months. The view of the Tribunal is in tune with OA No.1264/2001-CAT, Madras, as affirmed in WP(C) No.45465/2007 by the High Court of Madras. We also find that the SLP filed there from was dismissed on 17.10.2008 as reflected by the impugned

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order of the Tribunal. We find no ground to interfere.

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The Original Petition is dismissed.

Sd/-

V.CHITAMBARESH

JUDGE

Sd/-

ASHOK MENON

JUDGE

OP(CAT)137/2019

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APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF OA NO.840/2016 FILED BY THE RESPONDENTS DATED 04-10-2016 EXHIBIT P1 (A13) COPY OF ORDER NO.99-41/2016-PEN DATED 19.08.2016 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P1 (A1) TRUE COPY OF THE LETTER NO.B3/27/EXAM/2003 DATED 11/12/2003 ISSUED BY THE 3RD RESPONDENT EXHIBIT P1 (A2) TRUE COPY OF THE ORDER NO.B2/POSTING/2004 DATED 06/01/2004 ISSUED BY THE 3RD RESPONDENT EXHIBIT P1 (A3) TRUE COPY OF THE ORDER IN OA.449/2012 DATED 11.10.2012 OF THE HONOURABLE CAT, ERNAKULAM BENCH EXHIBIT P1 (A4) TRUE COPY OF MEMO NO.CAT/OA/449/12 DATED 27.02.2013 ISSUED ON THE 3RD RESPONDENT. EXHIBIT P1 (A5) TRUE COPY OF MEMO NO.CAT/OA/484/14 DATED 17/11/2014 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P1 (A6) TRUE COPY OF REPRESENTATION DATED 20.06.2014 SUBMITTED BY THE APPLICANT TO THE FIRST RESPONDENT. EXHIBIT P1 (A7) TRUE COPY OF COMMUNICATION NO.IR NO.780/2014/PENSION DATED 26.06.2014 ISSUED ON BEHALF OF THE FIRST RESPONDENT TO THE 2ND RESPONDENT.

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EXHIBIT P1 (A8) TRUE COPY OF THE ORDER IN OA 1264/2001 DATED 18.04.2002 OF THE HONOURABLE CAT, MADRAS BENCH. EXHIBIT P1 (A9) TRUE COPY OF THE ORDER NO.99-3/08.PEN, DATED 09.10.2009 ISSUED BY MR.A.K.SHARMA, DEPUTY DIRECTOR GENERAL, DEPARTMENT OF POSTS.

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OP(CAT)137/2019

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EXHIBIT P1 (A10) THE TRUE COPY OF THE JUDGMENT DATED 4.01.2013 OF THE PRINCIPAL BENCH AS OBTAINED FROM SWAMY'S NEWS EXHIBIT P1 (A11) THE TRUE COPY OF THE ORDER IN WP(C)NO.5331/2009 OF THE HON'BLE JHARKHAND HIGH COURT DATED 29.03.2010 EXHIBIT P1 (A12) THE TRUE COPY OF THE ORDER DATED 17/05/2016 IN OA 1105/2014 OF THE HON'BLE CAT, ERNAKULAM. EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT IN OA NO.840/2016 OF THE CAT, ERNAKULAM BENCH FILED BY THE RESPONDENTS. EXHIBIT P2 (R1) TRUE COPY OF THE JUDGMENT OF THE HONOURABLE SUPREME COURT DATED 12.08.2016 IN CIVIL APPEAL NO.90/15. EXHIBIT P2 (R2) TRUE COPY OF THE JUDGMENT OF THE HONOURABLE HIGH COURT OF MADRAS IN WP NO.45465/2002. EXHIBIT P2 (R3) TRUE COPY OF THE JUDGMENT OF THE HONOURABLE SUPREME COURT DATED 24.11.2015 IN SLP NO.17035-17036/2013. EXHIBIT P3 TRUE COPY OF THE COMMON ORDER IN OA NO.840 OF 2016 DATED 30.07.2018 OF THE CAT, ERNAKULAM BENCH.

Union of India v. K.K.Gopalakrishnan

Case brief

What is this about?

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Union of India v. K.K.Gopalakrishnan

Case brief

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