Petitioner sought interest for delayed payment of retirement benefits to his deceased father. The court held excess payment contentions moot and found no contumacious delay, dismissing the original petition without awarding interest.
Interest for belated disbursement of retirement benefits was not granted; Original Petition dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
&
THE HONOURABLE MR. JUSTICE A.M.BABU
TUESDAY ,THE 12TH DAY OF MARCH 2019 / 21ST PHALGUNA, 1940
OP (CAT).No. 33 of 2019
AGAINST THE ORDER/JUDGMENT IN OA 180/00922/2016 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH DATED 15-11-2018
PETITIONER/S:
PRASOON KUMAR.N AGED 34 YEARS S/O LATE M NARAYANAN NAIR, (EX-ELECTRICAL SIGNAL MAINTAINER GR.I/SOUTHERN RAILWAY/CHENGANNUR/TRIVANDRUM DIVISION) RESIDING AT KUZHUVELIL THEKKETHU ENNAKKAD P.O., CHENGANNUR, PIN - 689 624.
BY ADV. SRI.T.C.GOVINDA SWAMY
RESPONDENT/S:
1 UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK TOWN P.O., CHENNAI - 600 003.
2 THE DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, THIRUVANANTHAPURAM - 695 014.
4 THE SENIOR DIVISIONAL FINANCE MANAGER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, THIRUVANANTHAPURAM- 695 014.
BY ADV. SRI.K.SHRI HARI RAO, STANDING COUNSEL, RAILWAYS
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 12.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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OP (CAT).No. 33 of 2019
JUDGMENT
V.CHITAMBARESH, J.
The petitioner's father was placed under suspension on 22.12.1992 and a penalty of removal from service was imposed on 10.6.1995. The same was challenged by the petitioner in OA No.1110/1997 before the Tribunal which was allowed on 16.3.2000. The respondents challenged the order of the Tribunal in OP (CAT) No. 27058/2000. An interim order to reinstate the petitioner's father in service was passed therein on 17.7.2001. The Original Petition was eventually dismissed as abated on 16.8.2001.
Date of payment of arrears to the legal heirs of Late M.N.Narayanan Nair.
| Sl.No | Particulars | Date | Payment |
|---|---|---|---|
| a | Leave salary due as on 31.5.2007 | 08/12/14 | 26,440/- |
| b | Arrears of pay and allowances (1992 to 2007) |
19/12/14 | 7,63,768/- |
| c | DCRG due as on 31.5.2007 | 24/02/15 | 2,57,073/- |
| d | Pension/Family Pension arrears due from 1.6.2007 |
24/02/15 | 2,07,496/- |
| e | Pension arrears/Family Pension arrears due from 1.6.2007 |
16/05/15 | 2,72,921/- |
| f | Leave difference arrears due to revision of pay |
08/07/16 | 3,986/- |
| g | Arrears on notional promotion as Sr. Technician due between 1994 and 2007 |
10/07/16 | 1,02,874/- |
| h | Arrears of HRA and arrears of PLB (22.12.1992 to 31.5.2007) |
04/12/16 | 66,366/- |
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OP (CAT).No. 33 of 2019
Sd/-
V.CHITAMBARESH
JUDGE
Sd/-
A.M.BABU
JUDGE
SKS/12.3.2019
4
OP (CAT).No. 33 of 2019
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF ORDER IN OA NO.180/00922/2016 RENDERED BY THE LEARNED CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH DATED 15.11.2018. EXHIBIT P2 TRUE COPY OF OA NO.180/00922/2016 DATED 26.10.2016 ALONG WITH ITS ANNEXURES, FILED BY THE PETITIONER, BEFORE THE LEARNED CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. EXHIBIT P3 TRUE COPY OF REPLY STATEMENT IN OA NO.180/00922/2016 DATED 24.10.2017 ALONG WITH ITS ANNEXURES FILED BY THE RESPONDENTS BEFORE THE LEARNED TRIBUNAL.
1 issue framed by the court
Whether interest for belated disbursement of retirement benefits should be awarded despite the possui text
PRASOON KUMAR.N
UNION OF INDIA
V.CHITAMBARESH
A.M.BABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
