Original petition dismissed as respondents had already received benefits per Supreme Court judgment, precluding further claims on this count; no order as to costs.
Original petition dismissed; no order as to costs.
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 K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 09TH DAY OF DECEMBER 2019 / 18TH AGRAHAYANA, 1941
OP (CAT).No.2198 OF 2011(Z)
AGAINST THE ORDER/JUDGMENT IN OA 719/2008 DATED 26-10-2009 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER/S:
SECRETARY, DEPARTMENT OF YOUTH AFFAIRS & SPORTS,, SHASTRI BHAVAN, NEW DELHI.
4 THE ZONAL DIRECTOR NEHRU YUVA KENDRA SANGATHAN, PRESS CLUB ROAD,, TRIVANDRUM-1.
BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
RESPONDENT/S:
1 S.KRISHNAKUMAR
ACCOUNTS CLERK CUM TYPIST, NEHRU YUVA KENDRA,, CIVIL STATION, PATHANAMTHITTA. 689 645.
3 D.PADMAKUMARI ACCOUNTS CLERK CUM TYPIST, NEHRU YUVA KENDRA,, S.N.COLLEGE JUNCTION, KOLLAM. 691 001.
O.P (CAT) No. 2198/2011
2
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 09.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P (CAT) No. 2198/2011
3
JUDGMENT
Dated this the 9th day of December 2019
K. Vinod Chandran, J
The issue agitated in the original petition
is said to be covered by the judgment of the Hon'ble Supreme Court in Civil Appeal No. 6245 of 2012 (Nehru Yuva Kendra Sangathan v. Sandeep Kumar and Others) dated 07.08.2018. It is also submitted
by the learned Counsel appearing for the respondents that they have already got the benefits.
In the circumstances of the respondents having already got the benefits and the respondents claiming nothing more than what they have already received, going by the judgment in Civil Appeal No.6245/2012 which accepted that position, we uphold the order of the Tribunal making it clear that there could be no further claims raised on
this count by the respondents herein.
O.P (CAT) No. 2198/2011
4
Original petition is dismissed. No order as
to costs.
Sd/-
K.VINOD CHANDRAN
JUDGE
Sd/-
jma
V.G.ARUN JUDGE
O.P (CAT) No. 2198/2011
5
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 PHOTOCOPY OF THE OA ALONG WITH THE ANNEXURES FILED BY THE RESPONDENTS.
EXHIBIT P2 PHOTOCOPY OF THE REPLY STATEMENT ALONG WITH THE ANNEXURES.
EXHIBIT P3 PHOTOCOPY OF THE COMMON ORDER DATED 11/08/09 OF THE HON'BLE TRIBUNAL IN OA NO.719/08, TA NO.6/08 AND TA NO.7/08.
EXHIBIT P4 PHOTOCOPY OF THE AMENDED ORDER DATED 26/10/09 IN OA 719/08 OF THE HON'BLE TRIBUNAL.
EXHIBIT P5 PHOTOCOPY OF THE OFFICE MEMORANDUM DATED 09/08/99.
EXHIBIT P6 PHOTOCOPY OF THE OFFICE MEMORANDUM DATED 20/09/2000.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R1 A TRUE COPY OF THE OFFICE NO.NYKS/PERSACT-ACP/COURT CASE/08/733 DATED 22/09/2010.
EXHIBIT R1 B TRUE COPY OF THE ORDER NO.NYKS/PERSCOURT CASE/06/176 DATED 26/02/2009.
3 issues framed by the court
Whether an original petition should be dismissed given the respondent has already received the benefits per the Supreme Court judgment.
Whether any further claims can be raised on this count by the respondents.
Whether the order of the Tribunal upholding no further claims should be upheld.
Colour shows how this judgement treated each authority
Nehru Yuva Kendra Sangathan v. Sandeep Kumar and OthersExplained¶39
Civil Appeal No. 6245 of 2012 (Nehru Yuva Kendra Sangathan v. Sandeep Kumar and Others)
Union of India
Secretary, Department of Youth Affairs & Sports
The Director General Nehru Yuva Kendra Sangathan
The Pay Accounts Officer Nehru Yuva Kendra Sangathan
The Zonal Director Nehru Yuva Kendra Sangathan
S. Krishnakumar
K. Vinod Chandran
V. G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
K. Vinod Chandran and V. G. Arun
Parties & counsel
