Union of India challenged a CAT order granting an executive engineer benefits on par with his junior who succeeded before the Calcutta Bench. The High Court directed the petitioners to calculate and grant benefits to the first respondent in light of his junior's similar claim within four months.
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
MONDAY, THE 26TH DAY OF FEBRUARY 2024 / 7TH PHALGUNA, 1945
OP (CAT) NO. 319 OF 2016
AGAINST THE ORDER/JUDGMENT OA 449/2013 OF CENTRAL ADMINISTRATIVE
TRIBUNAL,ERNAKULAM BENCH
PETITIONER/S/RESPONDENTS:
1 UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF SHIPPING, MINISTRY OF SHIPPING, ROAD TRANSPORT AND HIGHWAYS TRANSPORT, NEW DELHI 110 011.2 THE CHIEF ENGINEER & ADMINISTRATOR ANDAMAN LAKSHADWEEP HARBOUR WORKS POST BLAIR - 744 1013 THE DEPUTY CHIEF ENGINEER ANDAMAN LAKSHADWEEP HARBOUR WORKS KAVARATTI 682 555. BY ADVS.ASSISTANT SOLICITOR GENERAL
SRI.T.V.VINU, CGC
RESPONDENT/S/APPLICANT:
1 N.NAGANATHAN S/O.LATE S.KRISHNAMOORTHY EXECUTIVE ENGINEER OFFICE OF THE DEPUTY CHIEF ENGINEER, KAVATTI, UT OF LAKSHADWEEP, RESIDING AT ALHW QUARTERS. KAVARATTI, UT OF LAKSHADWEEP 682 555. *DECEASED *ADDITIONAL R2 & R3 IMPLEADED.2 ADDL.R2:N.SATHISH KUMAR, AGED 35,S/O.NAGANATHAN (LATE), AGRAHARAM STREET,THIRUVARUR VILAKKUDI, TAMIL NADU-614715.3 N.MURALIDHARAN, AGED 32 YEARS, S/O.NAGANATHAN (LATE),AGRAHARAM STREET,THIRUVARUR VILAKKUDI,TAMIL NADU-614715.ADDITIONAL R2 AND R3 IS IMPLEADED AS PER ORDER DATED
24/11/22 IN IA 2/22 IN OP (CAT) 319/16.
BY ADV U.BALAGANGADHARAN
2
OP (CAT) NO. 319 OF 2016
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON
26.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP (CAT) NO. 319 OF 2016
3
JUDGMENT Dated this the 26th day of February, 2024
A.MUHAMED MUSTAQUE(J)
This original petition is filed by the Union of India, aggrieved by the order in O.A.No.449 of 2013 dated 22.02.2016 on the files of the Central Administrative Tribunal, Ernakulam Bench. The learned counsel for the respondents placed reliance on the order of the Calcutta Bench of the Tribunal, which was upheld by the High Court of Calcutta in the case of the junior of the first respondent - Shri P.Ramachandran; based on which the Ernakulam Bench of the Tribunal has allowed the claim of the first respondent.
In that view of the matter, we direct the petitioners to calculate the benefits of the first respondent, in the light of similar claim made by his junior, Shri.P.Ramachandran, who was the applicant before the Calcutta Bench of Tribunal. Needful shall be done within a period of four months. There is no scope for further interference in this matter.
With the above direction, the Original Petition stand disposed of.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
SHOBA ANNAMMA EAPEN, JUDGE
RK
OP (CAT) NO. 319 OF 2016
4
APPENDIX OF OP (CAT) 319/2016
PETITIONANNEXURE |
ER ANNEA1 |
XURESTRUE COPY OF THE OM NO.35034/1/97 ESTT(D) DATED 09.8.1999 ISSUED BY THEMINISTRY OF PERSONNEL, PUBLIC GRIEVANCESAND PENSIONS. |
|---|---|---|
ANNEXURE |
A2 |
TRUE COPY OF THE REPRESENTATION DATED24.10.2005 SUBMITTED BEFORE THE 2NDRESPONDENT. |
ANNEXURE |
A3 |
TRUECOYOFTHELETTERNO.LHW/ESTT/127/3539 DATED .10.2008 ISSUEDBY THE 2ND RESPONDENT. |
ANNEXURE |
A4 |
TRUECOPYOFTHELETTERNO.ALHW/ADM/2(39)/2006 DATED 03.11.2008ISSUED BY THE AO OF THE 2ND RESPONDENT. |
ANNEXURE |
A5 |
TRUECOPYOFTHELETTERNO.ALHW/MISC/14(7)/2007DATED4.1.2010ISSUED BY THE PIO OF THE 2ND RESPONDENT. |
ANNEXURE |
A6 |
TRUECOPYOFTHELETTERNO.PAO/ALHW/VOS/2010/1427DATED25.3.2010 ISSUED BY THE PAO OF THE 1STRESPONDENT. |
ANNEXURE |
A7 |
TRUE COPY OF THE REPRESENTATION DATED24.8.2010 TO THE AO OF THE 2NDRESPONDENT. |
ANNEXURE |
A8 |
TRUECOPYOFTHELETTERNO.LHW/ESTT/127/2864 DATED 30.8.2010 ISSUEDBY THE 3RD RESPONDENT. |
ANNEXURE |
A9 |
TRUE COPY OF THE ORDER NO. DCE/IA/E-263)VOL.V) DATED 16.8.2010 ISSUED ONBEHALF OF THE 2ND RESPONDENT. |
ANNEXURE |
A10 |
TRUE COPY OF THE REQUEST DATED24.12.2012 TO THE AO OF THE 2NDRESPONDENT. |
ANNEXURE |
A11 |
TRUECOPYOFTHELETTERNO.ALHW/MISC/14(3)/2012/178 DATED 18.1.2013ISSUED BY THE PIO OF THE 2ND RESPONDENT. |
ANNEXURE |
A12 |
TRUECOPYOFTHELETTERNO.LHW/ESTT/127(A)/781DATED1.3.2013ISSUED BY THE 3RD RESPONDENT. |
ANNEXUREANNEXURE |
A13R1 |
TRUECOPYOFTHELETTERNO.LHW/ESTT/PF/1767/782/815DATED4.3.2013 OF THE 3RD RESPONDENT.PHOTOCOPY OF THE LETTER DATED 12.7.2005 |
OP (CAT) NO. 319 OF 2016
5
ISSUED BY THE 2ND |
RESPONDENT. |
||
|---|---|---|---|
ANNEXURE R2 |
PHOTOCOPY OF T1801/8/2008-PE-II |
HE LETTER NODATED 23.10.2009. |
. C- |
ANNEXURE R3 |
PHOTOCOPY OF THE08.7.2013. |
O/O NO. 420/2013 |
DATED |
EXT.P1 |
TRUE COPY OF THEDATED 10/4/2013 FI |
OA NO.180/0044LED BY THE RESPON |
9/2013DENT |
EXT.P2 |
TRUE COPY OF THENO.180/00449/2013FILED BY THE PETIT |
REPLY STATEMENTDATED28/11IONERS |
IN OA/2013, |
EXT.P3 |
TRUE COPY OF ORDERNO.180/00449/2013ADMINISTRATIVEBENCH. |
DATED 22/2/2016ISSUED BY THE CTRIBUNAL,ERN |
IN OAENTRALAKULAM |
EXT.P4 |
A TRUE COPY OFNO.181/00042/2016 |
THE ORDER INDATED 1/8/2016 |
R.A. |
1 issue framed by the court
Whether the petitioner-employee was entitled to the same benefits as his junior P.Ramachandran, as allowed by the Ernakulam Bench of the Central Administrative Tribunal?
Union of India represented by the Secretary to Government, Department of Shipping, Ministry of Shipping, Road Transport and Highways Transport
The Chief Engineer & Administrator Andaman Lakshadweep Harbour Works
The Deputy Chief Engineer Andaman Lakshadweep Harbour Works Kavaratti
N.Naganathan (deceased)
N.Sathish Kumar (Addl.R2)
N.Muralidharan
A.Muhamed Mustaque
Shoba Annamma Eapen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court