Disposed

Union of India v. P.Sivaraman

Kerala HC6 Jan 2020OP (CAT)/537/2013

Case brief

AI extract

What is this about?

High Court of Kerala disposed of two original petitions filed by retired railway Loco Supervisors seeking enhanced pension. The court held that relief is contingent on the final disposal of a pending Civil Appeal before the Supreme Court. Parties are bound by the Supreme Court's outcome.

What did the court decide?

Original Petitions (CAT) disposed of with direction that relief depends on final disposal of Civil Appeal No.3110/2016 before Supreme Court.

Union of India Vs P.Sivaraman — Pension and Retirement Benefits | Kerala HC (2020)

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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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MONDAY, THE 06TH DAY OF JANUARY 2020 / 16TH POUSHA, 1941

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OP (CAT).No.1188 OF 2013(Z)

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AGAINST THE ORDER/JUDGMENT IN OA 268/2012 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH

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PETITIONERS:

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1 UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, HEADQUARTERS OFFICE, CHENNAI-600003.

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2 THE DIVISIONAL RAILWAYMANAGER SOUTHERN RAILWAY, PALGHAT DIVISION, PALGHAT.

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BY ADVS.

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SRI.V.K.MOHAMMED YOUSUF SRI.S.RADHAKRISHNAN, SC, RAILWAYS

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RESPONDENT/S:

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K.S.SURENDRANATH, AGED 66 YEARS S/O. LATE K.U. NAIR, RETD. SENIOR LOCO INSPECTOR SOUTHERN RAILWAY, PALGHAT DIVISION, RESIDING AT J.K.S. 34, PERUMBOTTA ROAD, ELAMAKKARA, KOCHI-26.

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R1 BY ADV. SRI.M.P.VARKEY R1 BY ADV. SRI.MARTIN G.THOTTAN

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THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 06-01-2020, ALONG WITH OP (CAT).537/2013(Z), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P(CAT) Nos. 1188/2013 &

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537/2013

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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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MONDAY, THE 06TH DAY OF JANUARY 2020 / 16TH POUSHA, 1941 OP (CAT).No.537 OF 2013

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AGAINST THE ORDER/JUDGMENT IN OA 679/2011 DATED 03-02-2012

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OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH

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PETITIONERS:

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1 UNION OF INDIA REPRESENTED BY THE CHARIMAN, RAILWAY BOARD, RAIL BHAVAN, RAFI MARG, NEW DELHI-110 001.

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2 THE GENERAL MANAGER SOUTHERN RAILWAY, PARK TOWN, CHENNA-3.

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3 THE DIVISIONAL RAILWAY MANAGER PALGHAT DIVISION, PALAKKAD.

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BY ADVS.

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SMT.SUMATHY DANDAPANI (SR.) SC, STANDING COUNSEL FOR SOUTHERN RAILWAY SRI.S.RADHAKRISHNAN,SENIOR PANEL,RAILWAYS

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RESPONDENTS:

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1 P.SIVARAMAN,S/O.P.S.NAIR, RETIRED SR.LOCO INSPECTOR/S.RAILWAY, PALAKKAD DIVISION, RESIDING AT NO.73, BHANUJYOTHI, RAIL NAGAR, OALAVAKKODE, PALAKKAD-678 002.

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2 P.P.RADHAKRISHNAN

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S/O.NARAYANAN NAIR, RETIRED FUEL INSPECTOR, SOUTHER RAILWAY, PALAKKAD DIVISION, RESIDING AT SREE OHM, CHUNNAMBUTHARA, PALAKKAD-678 012.

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3 M.K.GOPALAKRISHNAN, S/O.KRISHNAN UNNI, RETIRED

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O.P(CAT) Nos. 1188/2013 &

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537/2013

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SR.LOCO INSPECTOR/S.RAILWAY, PALAKKAD DIVISION, RESIDING AT 7/153(6), KRISHNAN UNNI ENCLAVE, MANIYANKAD, KOPPAM, PALAKKAD-678 001.

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4 A.K.ABDUL AZEEZ S/O.ABDUL KAREEM, RETIRED LOCO INSPECTOR/S.RAILWAY, PALAKKAD DIVISION, RESIDING AT126-B, RAILWAY COLONY, HEMAMBIKA NAGAR, PALKKAD-678 009.

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5 R.VENUGOPALAN, S/O.PADMANABHAN NAIR, RETIRED SR. LOCO INSPECTOR/S.RAILWAY, PALAKKAD DIVISION, RESIDING AT PUSHPAKAM, HILLVIEW NAGAR, DHONI P.O., PALAKKAD-678 009.

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6 M.PARTHAN, S/O.MAYANDI, RETIRED SR. LOCO INSPECTOR/S.RAILWAY, PALAKKAD DIVISION, RESIDING AT PRATHIBHA, OLAVAKKODE, PALKKAD-678 002.

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7 O.SADANANDAN, S/O.KELUKUTTY,RETIRED LOCO INSPECTOR/S.RAILWAY, PALAKKAD DIVISION, RESIDING AT SOPANAM, H.NO.X/294-B, CHUNDAVALATHUR, SHORNUR-1.

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8 MOHANDAS NICHOLAS, S/O.NICHOLAS, RETIRED LOCO INSPECTOR/S.RAILWAY, PALAKKAD DIVISION, RESIDING AT S-201, 1 CROSS, V.MAIN , TELECOM LAYOUT, ARABIC COLLEGE POST, THANISANDRA, BAGLORE-45, KARNATAKA STATE.

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R1-8 BY ADV. SRI.MARTIN G.THOTTAN

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THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 06-01-2020, ALONG WITH OP (CAT).1188/2013(Z), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P(CAT) Nos. 1188/2013 & 537/2013

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JUDGMENT

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[ OP (CAT).1188/2013, OP (CAT).537/2013 ]

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Dated this the 6^th day of January, 2020

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Vinod Chandran, J. Retired Loco Supervisors approached the

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Tribunal after their retirement claiming enhancement of pension. The claim of enhancement was based on their alleged entitlement as running staff to 55% of the Basic Pay for reckoning the pension as against the 30% reckoned, treating them

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to be other than running staff. Railways, has a contention that the Loco Supervisors cannot be termed to be running staff. The Tribunal allowed the O.A but, noticed that identical dispute is pending before the Hon'ble Supreme Court and allowed the relief prayed for, subject to the outcome of the SLP or Civil Appeal pending before the Hon'ble Supreme Court.

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2. We have heard learned Standing Counsel

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O.P(CAT) Nos. 1188/2013 & 537/2013

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Sri. S. Radhakrishnan appearing for the petitioner

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and Sri. Martin G Thottan appearing for the respondents. The SLP pending before the Hon'ble Supreme Court as noticed by the Tribunal, was disposed of directing the Railways to file a review before the Court which passed the impugned judgment, ie: the High Court of Delhi. The Railways availing such liberty granted filed a review before the High Court of Delhi which stood

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dismissed. The learned Standing Counsel Sri.S.Radhakrishnan has handed over a copy of the interim order of stay in the further SLP filed by Railways, from the order rejecting the RP. The SLP has also been converted to a Civil Appeal.In such circumstances as of now, the relief claimed in the O.A cannot be granted to the petitioners which would definitely depend upon the final disposal of the Civil Appeal.

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O.P(CAT) Nos. 1188/2013 & 537/2013

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3. Sri.S.Radhakrishnan also points out that

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there is a question of delay agitated there; specifically pointing out that here also the OAs were filed six years after the retirement of the applicants. Since all the questions are pending before the Hon'ble Supreme Court we need not express any opinion on the same. However, we are of the opinion that the Original Petition (CAT) need not be kept pending since the disposal of Civil Appeal No.3110/2016 before the Hon'ble Supreme Court, from the order of the Delhi High Court, rejecting the review would govern the matter; even with respect to the respondents herein.

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In such circumstances the Original Petitions (CAT) are disposed of, making it clear that if the civil appeal filed before the Hon'ble Supreme Court is rejected, then necessarily the

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O.P(CAT) Nos. 1188/2013 & 537/2013 7

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applicants would be entitled to the benefits as directed by the Hon'ble Supreme Court and the Railways would then be bound by the orders of the Tribunal. There is no order as to costs in these

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original petitions.

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Sd/-

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K. VINOD CHANDRAN, JUDGE.

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Sd/V.G. ARUN, JUDGE.

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Jma/

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O.P(CAT) Nos. 1188/2013 & 537/2013

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APPENDIX OF OP (CAT) 1188/2013

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1 TRUE COPY OF THE PENSION PAYMENT ORDER ISSUED TO THE APPLICANT.

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ANNEXURE A2 TRUE COPY OF THE REPRESENTATION DATED 02/05/2011 SUBMITTED BY THE APPLICANT TO THE 1ST RESPONDENT. ANNEXURE A3 TRUE COPY OF THE ORDER DATED 03/02/2012 IN OA 679/2011. ANNEXURE R1 TABLE CONTAINING THE DETAILS OF BENEFITS FOR WHICH ADD ON ELEMENT IS TAKEN. ANNEXURE R2 RAILWAY BOARD'S LETTER NO.E(P&A)II83/RS.10(IV) DATED 25/11/1992. ANNEXURE R3 TABLE SHOWING DISTINCTION BETWEEN RUNNING STAFF AND LOCO RUNNING SUPERVISORS. EXHIBIT P1 EXHIBIT.P1 TRUE COPY OF THE O.A. NO. 268 OF 2012 ALONG WITH ANNEXURES EXHIBIT P2 EXHIBIT.P2 TRUE COPY OF THE REPLY STATEMENT ALONG WITH THE ANEXURE.

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EXHIBIT P3 EXHIBIT.P3 TRUE COPY OF THE FINAL ORDER DATED 18-10-12 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM IN OA NO. 268 OF 2012

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APPENDIX OF OP (CAT) 537/2013

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PETITIONER'S/S EXHIBITS:

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ANNEXURE A1(A) COPY OF THE PPO NO 0605213051 DATED 30/04/1993 OF THE 1ST RESPONDENT ISSUED BY DAO/S RAILWAY, PALGHAT.

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ANNEXURE A1(B) TRUE COPY OF THE PPO NO.550/PGT/P.0605213551 DATED 15/05/1994 OF THE 2ND RESPONDENT ISSUED BY DAO/S RAILWAY, PALGHAT. ANNEXURE A1(C) TRUE COPY OF THE PPO NO.0605216500 DATED 28/07/2000 OF THE 3RD RESPONDENT ISSUED BY SR. DAO/S RAILWAY, PALGHAT. ANNEXURE A1(D) TRUE COPY OF THE PPO NO.0605213620 DATED 30/06/1994 OF THE 4TH RESPONDENT ISSUED BY DAO/S RAILWAY, PALGHAT. ANNEXURE A1(E) TRUE COPY OF THE PPO NO.0605217586 DATED NIL OF THE 5TH RESPONDENT ISSUED BY DAO/S RAILWAY, PALGHAT. ANNEXURE A1(F) TRUE COPY OF THE PPO NO.0605218777 DATED 23/01/2004 OF THE 6TH RESPONDENT ISSUED BY SR.DFM/S RAILWAY, PALGHAT. ANNEXURE A1(G) TRUE COPY OF THE PPO NO.0605217166 DATED 20/04/2001 OF THE 7TH RESPONDENT ISSUED BY SR. DAO/S RAILWAY, PALGHAT. ANNEXURE A1(H) TRUE COPY OF THE PPO NO.0605217232 DATED 20/05/2001 OF THE8TH RESPONDENT ISSUED BY SR. DAO/S RAILWAY, PALGHAT. ANNEXURE A2 COPY OF THE RAILWAY BOARD'S LETTER RBE NO.198/1992 DATED 25/11/1992. ANNEXURE A2(A) COPY OF THE AMENDED RULES 1514 AND 1515 OF IREC, VOL.II INTRODUCED BY ACS NO.21 AND 22. ANNEXURE A3 COPY OF THE EXTRACT OF RULE 49 OF THE RAILWAY SERVICE (PENSION) RULES, 1993.

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O.P(CAT) Nos. 1188/2013 &

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537/2013

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ANNEXURE A4 COPY OF THE ORDER DATED 02/01/2007 IN OA NO.1273/2005 OF THE PRINCIPAL BENCH, CAT, DELHI.

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ANNEXURE A5 COPY OF THE JUDGMENT DATED 18/09/2008 IN WPC 2937/2007 OF THE HONOURABLE HIGH COURT OF DELHI. ANNEXURE A6 COPY OF THE JUDGMENT DATED 24/08/2006 IN OA 118/2006 OF PRINCIPAL BENCH, CAT, DELHI. ANNEXURE A7 COPY OF THE ORDER DATED 05/06/2007 IN OA NO.396/2006 PASSED BY PRINCIPAL BENCH, CAT, DELHI. ANNEXURE A8 COPY OF THE ORDER DATED 14/12/2008 IN OA NO.549/2007 OF THE PRINCIPAL BENCH, CAT, DELHI. ANNEXURE A9 COPY OF THE SPECIMEN REPRESENTATION MADE BY THE 1ST RESPONDENT. ANNEXURE A10 COPY OF THE ORDER DATED 27/01/2010 IN OA 269/2009 OF THE BANGALORE BENCH, CAT. ANNEXURE A11 COPY OF THE COMMON ORDER DATED 14/06/2010 IN OA NO.489/2009 AND 492/2009 OF TH ERNAKULAM BENCH, CAT. ANNEXURE A12 COPY OF THE COMMON ORDER DATED 21/06/2011 IN OA NO.676/2010, 1188/2010 AND 1189/2010 OF THE MADRAS BENCH CAT. ANNEXURE R1 COPY OF THE ORDER DATED 30/11/2010 IN RA NO.43/2010 OF THE CAT ERNAKULAM BENCH.

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O.P(CAT) Nos. 1188/2013 & 537/2013

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ANNEXURE R2 COPY OF THE TABLE CONTAINING THE DETAILS OF BENEFITS FOR WHICH ADD ELEMENT IS TAKEN.

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ANNEXURE R3 TRUE COPY OF THE TABLE SHOWING DISTINCTION BETWEEN RUNNING STAFF AND LOCO RUNNING SUPERVISORS. ANNEXURE A13 COPY OF THE ORDER DATED 23/09/2011 IN OA NO.294/2011 OF THE MADRAS BENCH OF CAT. EXHIBIT P1 TRUE COPY OF THE OA NO.679/2011 ALONG WITH ANNEXURES. EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT ALONG WITH THE ANNEXURES. EXHIBIT P3 TRUE COPY OF THE REJOINDER ALONG WITH THE ANNEXURE.

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EXHIBIT P4 TRUE COPY OF THE FINAL ORDER DATED 03/02/2012 OF THE HONOURABLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH IN OA NO.679/2011. EXHIBIT P5 COPY OF STATEMENT OF PENSIONARY BENEFITS WORKED

Union of India v. P.Sivaraman

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Union of India v. P.Sivaraman

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