Partly allowed

Arjun Ambalapatta v. Union of India

Kerala HC20 Sept 2019OP (CAT)/180/2018

Case brief

AI extract

What is this about?

The High Court set aside a Common Order of the Central Administrative Tribunal regarding salary and pay matters for three petitioners. The Court distinguished cited precedents regarding excess salary refunds and noted the Tribunal overlooked challenges to specific pay orders (Annexures A15 & A16). The matter was remanded for fresh consideration.

What did the court decide?

The impugned common order is set aside and the three original applications are remanded to the Central Administrative Tribunal for fresh consideration with directions to pass orders within three month

Arjun Ambalapatta Vs Union of India — 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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FRIDAY, THE 20TH DAY OF SEPTEMBER 2019 / 29TH BHADRA, 1941

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OP (CAT).No.180 OF 2018

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AGAINST THE ORDER DATED 30.08.2018 IN O.A.NO.578/2014 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH

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PETITIONER/APPLICANT IN THE O.A.:

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ARJUN AMBALAPATTA AGED 41 YEARS S/O VENUGOPALAN PRESENTLY WORKING AS PUBLIC PROSECUTOR, NATIONAL INVESTIGATION AGENCY, KOCHI.

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BY ADV. KUM.NIHARIKA HEMA RAJ

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RESPONDENTS:

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1 UNION OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, SOUTH BLOCK, NEW DELHI, PIN – 110 001.

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2 THE NATIONAL INVESTIGATION AGENCY REPRESENTED BY THE INSPECTOR GENERAL OF POLICE(ADMN), NATIONAL INVESTIGATION AGENCY, HEAD QUARTERS,JAWAHARLAL NEHRU STADIUM, OPP.CGO COMPLEX,NEW DELHI-110003.

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3 GOVERNMENT OF INDIA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PERSONNEL AND TRAINING, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS, NORTH BLOCK,NEW DELHI-110001.

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4 THE SUPERINTENDENT OF POLICE, NATIONAL INVESTIGATION AGENCY, MINISTRY OF HOME AFFAIRS, HOUSE NO.28/443, GIRI NAGAR, KADAVANTHRA,ERNAKULAM,KOCHI-682020.

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OP(CAT).Nos.180, 209 & 214 of 2018

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5 STATE OF KERALA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM-695001.

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R1, R3 BY SRI.T.V.VINU, CGC R2, R4 BY SRI.M.AJAY, SPL. P.P FOR NIA

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OTHER PRESENT:

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SRI.P.N.SANTHOSH-SR.GP FOR R5

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THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 19.09.2019, ALONG WITH OP (CAT).209/2018 & OP (CAT).214/2018, THE COURT ON 20.09.2019 DELIVERED THE FOLLOWING:

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OP(CAT).Nos.180, 209 & 214 of 2018

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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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FRIDAY, THE 20TH DAY OF SEPTEMBER 2019 / 29TH BHADRA, 1941

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OP (CAT).No.209 OF 2018

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AGAINST THE ORDER DATED 30.08.2018 IN O.A.NO.844/2014 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH

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PETITIONER/APPLICANT IN THE O.A.:

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SUBRAMANIAN V., AGED 50 YEARS

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S/O VELAYUDHAN, VALLETTAYIL HOUSE, CHELEMBRA P.O., MALAPPURAM - 673 636, PRESENTLY WORKING AS CASHIER, OFFICE OF THE DISTRICT POLICE CHIEF, VADAKARA, KOZHIKODE RURAL, KOZHIKODE - 673 001.

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BY ADV. SRI.NIRMAL. S

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RESPONDENTS:

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1 UNION OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, SOUTH BLOCK, NEW DELHI - 110 001.

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2 THE NATIONAL INVESTIGATION AGENCY REPRESENTED BY THE INSPECTOR GENERAL OF POLICE (ADMN), NATIONAL INVESTIGATION AGENCY, 6TH AND 7TH FLOOR, NDCC II BUILDING, JAI SINGH ROAD, NEW DELHI-110 001.

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3 GOVERNMENT OF INDIA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PERSONNEL AND TRAINING, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS, NORTH BLOCK, NEW DELHI-110 001.

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OP(CAT).Nos.180, 209 & 214 of 2018

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4 THE SUPERINTENDENT OF POLICE (O) NATIONAL INVESTIGATION AGENCY, MINISTRY OF HOME AFFAIRS, HOUSE NO.28/443, GIRI NAGAR, KADAVANTHRA, ERNAKULAM, KOCHI-682 020.

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5 STATE OF KERALA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. R1-4 BY SRI.T.V.VINU, CGC R5 BY SR.GOVERNMENT PLEADER SRI.P.N.SANTHOSH

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THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 19.09.2019, ALONG WITH OP (CAT).180/2018 & OP (CAT).214/2018, THE COURT ON 20.09.2019 DELIVERED THE FOLLOWING:

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OP(CAT).Nos.180, 209 & 214 of 2018

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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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FRIDAY, THE 20TH DAY OF SEPTEMBER 2019 / 29TH BHADRA, 1941

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OP (CAT).No.214 OF 2018

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AGAINST THE ORDER DATED 30.08.2018 IN O.A.NO.846/2014 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH

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PETITIONER/APPLICANT:

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RATHEESH BABU P., S/O.V.N.PANKAJAKSHAN, AGED 39 YEARS, NANGANATTU HOUSE, PERUMBALAM P O, CHERTHALA, ALAPPUZHA-688570, NOW WORKING AS CIVIL POLICE OFFICER NO.10920, DHQ COY, ARMED RESERVE, KOCHI CITY, KERALA POLICE.

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BY ADV. SRI.NIRMAL. S

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RESPONDENTS:

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1 UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, SOUTH BLOCK, NEW DELHI-110 001.

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2 THE NATIONAL INVESTIGATION AGENCY, REPRESENTED BY THE INSPECTOR GENERAL OF POLICE(ADMIN.), NATIONAL INVESTIGATION AGENCY, 6TH AND 7TH FLOOR, NDCC II BUILDING, JAISINGH ROAD, NEW DELHI-110 001.

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3 GOVERNMENT OF INDIA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PERSONNEL AND TRAINING, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS, NORTH BLOCK, NEW DELHI-110 001.

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OP(CAT).Nos.180, 209 & 214 of 2018

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4 THE SUPERINTENDENT OF POLICE, NATIONAL INVESTIGATION AGENCY, MINISTRY OF HOME AFFAIRS, HOUSE NO.28/443, GIRI NAGAR, KADAVANTHRA, ERNAKULAM, KOCHI-682 020.

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5 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. R1-4 BY SRI.T.V.VINU, CGC R5 BY SR. GOVERNMENT PLEADER SRI.P.N.SANTHOSH

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THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 19.09.2019, ALONG WITH OP (CAT).180/2018 & OP (CAT).209/2018, THE COURT ON 20.09.2019 DELIVERED THE FOLLOWING:

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OP(CAT).Nos.180, 209 & 214 of 2018

Judgment

Chitambaresh, J.

1.These original petitions arise from a common order and are hence disposed of together. We shall refer to the Exhibits in O.P(CAT).No.180/2018 for convenience.

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2.We heard Niharika Hema Raj, Advocate and Veena Hari, Advocate for the petitioners. We also heard T.V.Vinu, Central Government Counsel in the cases.

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3.The Central Administrative Tribunal (CAT) was right in its conclusion that the dictum in State of Punjab and others v. Rafiq Masih (White Washer) and others [AIR 2015 SC 696] does not apply to the facts situation. This is because there is an express undertaking by the petitioners to refund the excess amount of salary received in case found to be in excess at a later stage. The reliance made by the CAT on the decision in High Court of Punjab and Haryana & others v. Jagdev Singh [AIR 2016 SC 3523] cannot be faulted with in view of Annexure R1(b) undertaking.

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OP(CAT).Nos.180, 209 & 214 of 2018

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4.However the challenge to Annexures A15 and A16 orders in the original application has not been considered by the CAT in the proper perspective wherein the petitioner asserts that he was entitled to a higher pay. The CAT has omitted to consider this pivotal issue merely relying on the order of its Guwahati Bench in O.A.No.166/2013 which the petitioner has attempted to distinguish. The petitioner contends that he was not similarly placed as the applicant in O.A.No.166/2013 referred to supra and that the nature of the option given also vastly differs. It is the case of the petitioner that there would be no excess amount to be recovered if the challenge to Annexures A15 and A16 orders were considered by the CAT independently.

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5.We do feel that the matter requires a re-look by the CAT especially in the context of the specific challenge to Annexures A15 and A16 orders which were omitted to be considered and dealt with. We therefore set aside the impugned common order and remit the three original applications to the CAT for fresh consideration in the light of the observations made above.

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6.The CAT shall endeavour to pass fresh orders within a period of

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OP(CAT).Nos.180, 209 & 214 of 2018

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three months from today.

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The original petitions are disposed of. No costs.

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Sd/-

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V. CHITAMBARESH, JUDGE

Sd/-

ASHOK MENON, JUDGE

Sha/190919

OP(CAT).Nos.180, 209 & 214 of 2018

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APPENDIX OF OP (CAT) 180/2018

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE INTERIM ORDER DATED 09/06/2014 IN O.A.180/00395/2014. EXHIBIT P2 TRUE COPY OF THE AMENDED O.A.180/00578/2014 WITH ANNEXURES. EXHIBIT P3 TRUE COPY OF THE COUNTER REPLY DATED 07/12/2015 WITH ANNEXURES R1(A) TO R1(T). EXHIBIT P4 TRUE COPY OF THE ORDER DATED 30.08.2018 IN O.A.180/00578/2014. EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN WP(C)NO.29286/2015 DT.16/11/2015 BEFORE THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND ANDHRA PRADESH.

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RESPONDENTS' EXHIBITS:

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EXHIBIT R2(A) TRUE COPY OF THE KERALA GOVERNMENT GO(P)85/2011/FIN DATED 26.02.2011.

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OP(CAT).Nos.180, 209 & 214 of 2018

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APPENDIX OF OP (CAT) 209/2018

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE O.A.180/00844/2014 DATED 1.10.2014.
EXHIBIT P2	TRUE COPY OF THE REPLY STATEMENT DATED 12.1.2015.
EXHIBIT P3	TRUE COPY OF THE ORDER DATED 30.8.2018 IN O.A.180/00844/2014.
EXHIBIT P4	TRUE COPY OF THE INTERIM ORDER IN O.P.(CAT) 180/2018 FILED BY ARJUN AMBALAPATTA.

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RESPONDENTS' EXHIBITS: NIL

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OP(CAT).Nos.180, 209 & 214 of 2018

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APPENDIX OF OP (CAT) 214/2018

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE O.A.180/00846/2014 WITH ANNEXURES.
EXHIBIT P2	TRUE COPY OF THE REPLY STATEMENT DATED 12.01.2015 WITH ANNEXURES R4(1) TO R4(8).
EXHIBIT P3	TRUE COPY OF THE ORDER DATED 30.08.2018 IN O.A.180/00846/2014.
EXHIBIT P4	TRUE COPY OF THE INTERIM ORDER IN OP(CAT)180/2018 FILED BY ARJUN AMBALAPATTA.

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RESPONDENTS' EXHIBITS: NIL

Arjun Ambalapatta v. Union of India

Case brief

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Arjun Ambalapatta v. Union of India

Case brief

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