Original Petition in Consumer Court involving Army Postal Service pension petitioner applied benefit of Office Memorandum 2017. Court allowed separate claim to Union Government but dismissed current petition.
Benefit of Para 4 O.M. to be taken up with Union Government separately.
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 A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN WEDNESDAY, THE 25TH DAY OF OCTOBER 2023 / 3RD KARTHIKA, 1945 O.P.(CAT) NO.120 OF 2019
AGAINST THE ORDER DATED 04.02.2019 IN O.A. NO.115/2018 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.
PETITIONER/APPLICANT:
SWAMI ANUBHAVANANDA SARASWATHI, AGED 76 YEARS S/O. LATE. K.K. UNNITHAN, (EX. NB. SUBEDAR K.V. UNNITHAN) (ARMY POSTAL SERVICE), ROOM NO. 3, JAYASREE BUILDING, KALLOOR JUNCTION, MEMANA, OACHIRA-690 526.
BY ADVS.C.S.GOPALAKRISHNAN NAIR PRASEEDHA T.
RESPONDENTS:
5 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, PENSION AND PENSIONERS WELFARE, SOUTH BLOCK, NEW DELHI-110 001.
ADV. K. SHRI HARI RAO, CGC
ADV. K.S. PREMJITH KUMAR FOR DSGI
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 25.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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O.P.(CAT) NO.120 OF 2019
A. MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ.
O.P.(CAT) No.120 of 2019
Dated this the 25th day of October, 2023
ORDER
A.Muhamed Mustaque, J.
The learned counsel for the petitioner fairly submitted that the issue raised in this original petition is covered against him in the light of finding of the Apex Court in K.S. Krishnaswamy and others v. Union of India and another [(2007) 2 SCC (L&S) 491] . However, it is submitted that the petitioner may be given the benefit of Paragraph 4 of O.M. issued by the Union Government dated 12.05.2017.
A copy of the above O.M. is placed before us. If the petitioner is entitled to any benefit of Paragraph 4, notwithstanding the dismissal of original petition, the petitioner is free to take up with the Union Government for any benefit of paragraph 4 of the above O.M.
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O.P.(CAT) NO.120 OF 2019
With liberty as above, the original petition is
dismissed.
Sd/A.MUHAMED MUSTAQUE, JUDGE
Sd/SHOBA ANNAMMA EAPEN, JUDGE
bpr
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O.P.(CAT) NO.120 OF 2019
APPENDIX OF OP (CAT) 120/2019
PETITIONER'S EXHIBITS
| EXHIBIT | P1 | PHOTO COPY OF 115/2018. |
ORIGINAL APPLICATION NO. |
|---|---|---|---|
| EXHIBIT | P1(A1) | TRUE COPY OF DATED 23.7.19 RESPONDENT. |
CERTIFICATE NO. SAY-108 87 ISSUED BY THE 2ND |
| EXHIBIT | P2(R-1) | TRUE COPY OF DATED 18.7,19 |
THE LETTER NO.B2/8/72 72 |
| EXHIBIT | P1(A2) | TRUE COPY OF ST/1/RTIA/GEN WITH EXTRACT COVERING LETT |
THE LETTER NO. /2015 DATED 6.9.2016 ALONG OF GRADATION LIST AND ITS ER. |
| EXHIBIT | P1(A3) | TRUE COPY OF | THE PPO NO. 4567/LPS/TVM. |
| EXHIBIT | P1(A4) | TRUE COPY OF 16.12.09 ISSU |
THE REVISED PPO DATED ED BY THE 1ST RESPONDENT. |
| EXHIBIT | P1(A5) | TRUE COPY OF NO.9994/PEN/G DATED 7.1.201 |
THE LETTER ENL/SAIN -237/09 - 10 0 ISSUED BY 1ST RESPONDENT |
| EXHIBIT | P1(A6) | TRUE COPY OF DT.24.10.2017 COMMUNICATION |
THE OM NO. 2012/2013 - PCC ISSUED BY THE MINISTRY OF S, DEPARTMENT OF POSTS |
| EXHIBIT | P1(A7) | TRUE COPY OF | FITMENT TABLE |
| EXHIBIT | P1(A8) | TRUE COPY OF 16.8.2013 IN |
THE COPY OF THE ORDER DT. OA NO.715/2012 |
| EXHIBIT | P1(A9) | TRUE COPY OF NO.2565/2015 |
THE ORDER OF THE R.P.(C) IN SLP(C) NO.6567/2015 |
| EXHIBIT | P1(A10) | TRUE COPY OF 31.7.2015 IN |
THE COMMON ORDER DT: OA NO.674/2014 |
| EXHIBIT | P1(A11) | TRUE COPY OF | THE OM NO.38/37/08/P& PW |
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O.P.(CAT) NO.120 OF 2019
DT:6.4.2016 ISSUED BY THE 5TH RESPONDENT
| EXHIBIT | P1(A12) | TRUE COPY OF THE PEN/C.NO./PPO.NO |
REVISION AUTHORITY NO. 4567/LPR DT:16.3.2016 |
|---|---|---|---|
| EXHIBIT | P1(A13) | TRUE COPY OF THE PEN/C.NO./PPO.NO |
REVISION AUTHORITY NO. 4567/LPR DT:3.5.2016 |
| EXHIBIT | P1(A14) | TRUE COPY OF THE NO.98/2015 IN OA DT:29.8.2016 |
CONTEMPT PETITION NO.674/2014 |
| EXHIBIT | P2 | TRUE COPY OF THE BY THE RESPONDEN |
REPLY STATEMENT FIELD TS. |
| EXHIBIT | P3 | TRUE COPY OF THE JC-10545-H/PA-1 |
LETTER NO. PT CELL/ DATED 13.11.2018 |
| EXHIBIT | P4 | TRUE COPY OF THE IN O.S. NO. 115/ |
ORDER DATED 4.2.2019 2018 |
| EXHIBIT | P2(R-2) | TRUE COPY OF THE DT:11.1.1973 |
LETTER NO.B5/8/(IC) |
| EXHIBIT | P2(R-3) | TRUE COPY OF THE DT:10.1.1973 |
LETTER NO.BB/43/72 |
| EXHIBIT | P2(R-4) | TRUE COPY OF THE DT:28.7.1987 |
LETTER NO.BB/TBOP |
| EXHIBIT | P2(R-5) | TRUE COPY OF THE DT:23.7.1987 |
LETTER NO.SAV-108 |
| EXHIBIT | P2(R-6) | TRUE COPY OF THE DT:25.7.1989 |
LETTER NO. SAV-108 |
| EXHIBIT | P2(R-7) | TRUE COPY OF THE NO.PENL/GEN/K.V. 13.8.2018 |
LETTER UNNITHAN/H/4729 DT: |
| EXHIBIT | P2(R-8) | TRUE COPY OF THE JC-105945-H/PA-1 |
LETTER NO.PT CELL/ DT:13.11.2018 |
2 issues framed by the court
Whether the petitioner is entitled to any benefit of Paragraph 4 of the Union Government O.M. dated 12.05.2017 notwithstanding the dismissal of the original petition.
Whether the issue raised in the original petition is covered against the petitioner by the finding of the Apex Court in K.S. Krishnaswamy case.
Colour shows how this judgement treated each authority
K.S. Krishnaswamy and others v. Union of India and another [(2007) 2 SCC (L&S) 491]Distinguished¶26
K.S. Krishnaswamy and others v. Union of India and another [(2007) 2 SCC (L&S) 491] · Who else cites this
Swami Anubhavananda Saraswathi
The Director of Accounts (Postal), Kerala Circle
Chief Postmaster General, Kerala Circle
Director of Accounts (Postal), Army Postal Service
The Director of Army Postal Service
Union of India
A.Muhamed Mustaque
Shoba Anamma Eapen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
