Disposed

Union of India, v. K.K.Gopalakrishnan

Kerala HC8 Nov 2019OP (CAT)/291/2019

Case brief

AI extract

What is this about?

The Court adjourned a revision petition concerning a Tribunal order directing petitioners to appear. The petitioners sought a condonation of delay for a pending SLP. The Court dismissed the objection regarding the review petition filed late and adjourned the matter for a month.

What did the court decide?

Matter adjourned for one month; petitioners directed to ensure compliance with Tribunal order or obtain Supreme Court stay.

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 K.VINOD CHANDRAN

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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FRIDAY, THE 08TH DAY OF NOVEMBER 2019 / 17TH KARTHIKA, 1941

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O.P (CAT).No.291 OF 2019

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AGAINST THE ORDER IN M.A.NO.180/00633/2019 IN O.A.180/2016 DATED 16-10-2019 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH

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PETITIONERS/ RESPONDENTS:

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1 UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF POSTS, MINISTRY OF COMMUNICATIONS, GOVERNMENT OF INDIA, NEW DELHI - 110 011.

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2 THE CHIEF POST MASTER GENERAL, KERALA CIRCLE, TRIVANDRUM - 695 101.

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3 THE SUPERINTENDENT OF POST OFFICES, PATHANAMTHITTA POSTAL DIVISION, PATHANAMTHITTA - 689 645.

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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, S/O.LATE KESAVAN ACHARY, RETIRED

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POSTMAN, ELAVAUMTHITTA, PATHANAMTHITTA POSTAL DIVISION, RESIDING AT KAVUNGAL MEMURICK, OONNAKAVU P.O., ANGADI, PATHANAMTHITTA DISTRICT - 689 674.

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OTHER PRESENT:

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SRI.V.SAJITH KUMAR FOR RESPONDENT.

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THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 08.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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- 2 -

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OP(CAT).291 of 2019

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K.Vinod Chandran & V.G.Arun, JJ. -------------------------------O.P(CAT) No.291 of 2019-Z -------------------------------Dated this the 08^th day of November, 2019

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JUDGMENT

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K. Vinod Chandran,J:

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The petitioners, Union of India and its

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Department, are aggrieved with the order of the Tribunal at Exhibit P4, directing the appearance of petitioners 1 and 2/respondents 2 and 3 therein, on 11.11.2019 in an application for implementation of the order. The contention raised is that it is proposed to file a Special Leave Petition before the Hon'ble Supreme Court. The Tribunal has specifically noticed in Exhibit P4 order that this was the continuous refrain when the Miscellaneous Application was posted on several days. But, however, nothing has happened even after three months from the date of judgment of this Court, produced at Exhibit P2, which affirmed the order of the Tribunal.

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2. We see that Exhibit P2 is dated 03.06.2019. Now we are in November, 2019 and there is a gap of five months from the date of the order. A Special Leave Petition if properly instituted, has to be done within three months. True, there is a provision for delay condonation also. But,

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OP(CAT).291 of 2019 - 3 -

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however, even now there is no SLP filed with a petition for condonation of delay. It is the submission of the learned Assistant Solicitor General that a review has been filed, which we are unable to accept especially when the review has been filed only after the order in the M.A. has been passed by the Tribunal. Only considering the prayer of the ASG that a SLP would be filed or pension disbursed to the respondent/applicant within a period of one month, we adjourn the matter from 11.11.2019 for one month. The petitioners 2 and 3, who are the respondents 2 and 3 in Exhibit P4, if the order is not complied with or a stay is not obtained from the Hon'ble Supreme Court, shall be present before the Tribunal on 11.12.2019.

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The Original Petition (CAT) is disposed of as

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indicated above.

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Sd/K.VINOD CHANDRAN JUDGE

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Sd/V.G.ARUN JUDGE

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vku/-

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- 4 -

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OP(CAT).291 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE COMMON ORDER DATED 30/07/2018 IN OA 180/00840/2016 AND OA 180/00655/2016 ISSUED BY THE CAT, ERNAKULAM BENCH. EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 03/06/2019 IN OP(CAT) 137/2019 ISSUED BY THE HON'BLE HIGH COURT OF KERALA. EXHIBIT P3 TRUE COPY OF THE MISCELLANEOUS APPLICATION IN OA 180/00840/2016 DATED 21/06/2019 FILED BEFORE THE CAT, ERNAKULAM BENCH. EXHIBIT P3(MA1) TRUE COPY OF THE ORDER DATED 30/07/2018 IN OA 180/00840/2016 OF THIS HON'BLE TRIBUNAL. EXHIBIT P3(MA2) TRUE COPY OF THE JUDGMENT DATED 03/06/2019 IN OP(CAT) NO.137/2019 OF THE HON'BLE HIGH COURT OF KERALA. EXHIBIT P4 TRUE COPY OF THE ORDER DATED 16/10/2019, MA NO.180/00633/2019 IN OA 180/00840/2016 ISSUED BY THE CAT, ERNAKULAM BENCH. EXHIBIT P5 TRUE COPY OF THE REVIEW PETITION ALONG WITH AFFIDAVIT DATED 05/11/2019 IN OP(CAT) 137/2019 FILED BEFORE THE HON'BLE HIGH COURT OF KERALA.

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[TRUE COPY]

Union of India, v. K.K.Gopalakrishnan

Case brief

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Union of India, v. K.K.Gopalakrishnan

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