This Original Petition before the Central Administrative Tribunal was dismissed as infructuous after the respondent counsel submitted that the arrears in question had been cleared, leaving no substantive claim to determine.
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 AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
WEDNESDAY, THE 5TH DAY OF MARCH 2025 / 14TH PHALGUNA, 1946
OP (CAT) NO. 9 OF 2020
AGAINST THE ORDER DATED 23.10.2018 IN O.A.NO.1071 OF 2017 OF
CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH
PETITIONERS/RESPONDENTS IN O.A.:
1 DIRECTOR OF ACCOUNTS (POSTAL),KERALA CIRCLE, TRIVANDRUM 695 001.
2 CHIEF POSTMASTER GENERAL,KERALA CIRCLE, TRIVANDRUM 695 033.
3 UNION OF INDIA , REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PENSION AND PENSIONERS WELFARE, LOKNAYAK BHAVAN, KHAN MARKET, NEW DELHI 110 001.BY ADV.
SRI.T.C.KRISHNA, DSGI (IN CHARGE)
RESPONDENT/APPLICANT IN THE O.A.:
THOMAS POTHEN
S/O. LATE P .J. POTHEN, ASSISTANT POST MASTER,
(TREASURY (HSC-1) (RETD) PUTHENPURAKKAL, PUTHUPALLY,
KOTTAYAM DISTRICT 686 011.
BY ADV.
SRI C S GOPALAKRISHNAN NAIR
OP (CAT) NO. 9 OF 2020 -2-
2025:KER:26077
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON
05.03.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP (CAT) NO. 9 OF 2020 -3-
2025:KER:26077
JUDGMENT
AMIT RAWAL, J.
Learned counsel for the respondent/applicant in O.A. submits that the arrears have been cleared and nothing survives in this original petition.
In view of the submission aforesaid, O.P.(CAT) is dismissed as infructuous.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
K. V. JAYAKUMAR
JUDGE
vv
OP (CAT) NO. 9 OF 2020 -4-
2025:KER:26077
APPENDIX OF OP (CAT) 9/2020
PETITIONER EXHIBITS
EXHIBIT P1TRUE COPY OF THE OA NO.
180/001071/2017 FILED BY THE
PETITIONER DATED 12.12.2017 BEFORE THE
CAT, ERNAKULAM BENCH.
EXHIBIT P1 (A1)TRUE COPY OF THE PPO NO.
11714/LPS/TVM.
EXHIBIT P1 (A2)TRUE COPY OF THE ORDER NO. ST/3-3/2004
DATED 10.6.2005 ISSUED BY THE 2ND
RESPONDENT.
EXHIBIT P1 (A3)TRUE COPY OF THE RELEVANT PORTION OF
FIRST SCHEDULE O SECTION II OF CCS
(REVISED PAY) RULES 2008.
EXHIBIT P1 (A4)TRUE COPY OF THE FITMENT TABLE ANNEXED
TO CCS (RP) RULES 2008.
EXHIBIT P1 (A5)TRUE COPY OF THE ORDER DATED
16.08.2013 IN OA NO. 715/2012 ISSUED
BY THE CAT, ERNAKULAM BENCH.
EXHIBIT P1 (A6)TRUE COPY OF THE ORDER IN PRO NO.
2565/2015 IN SLPO NO. 6567/2015 DATED
28.8.2015.
EXHIBIT P1 (A7)TRUE COPY OF THE JUDGMENT IN OP(CAT)
NO. 169/2015 ISSUED BY THE HIGH COURT
OF KERALA.
EXHIBIT P1 (A8)TRUE COPY OF THE ORDER DATED 16.3.2017
IN OA NO. 526/2016 ISSUED BY THE CAT,
ERNAKULAM BENCH.
EXHIBIT P1 (A9)TRUE COPY OF THE REPRESENTATION DATED
16.74016
OP (CAT) NO. 9 OF 2020 -5-
2025:KER:26077
EXHIBIT P1 (A10)TRUE COPY OF THE REPRESENTATION DATED
05.04.2017.
EXHIBIT P2TRUE COPY OF THE REPLY STATEMENT FILED
BY THE PETITIONER IN OA NO.
180/001071/2017 DATED 12.06.2018.
EXHIBIT P2 (R1)TRUE COPY OF DOP & PW OM F NO.
38/37/08-P&PW(A) DATED 11.02.2009
ISSUED BY DEPARTMENT OF PENSION AND
PENSIONERS WELFARE.
EXHIBIT P2 (R2)TRUE COPY OF POSTAL DIRECTORATE VIDE
THEIR LETTER NO. 26-17/13-PA (PEA)
DATED 10.07.2013 ISSUED BY POSTAL
ACCOUNT WING.
EXHIBIT P2 (R3)TRUE COPY OF MINISTRY OF FINANCE,
DEPARTMENT OF EXPENDITURE ID NOTE NO.
20/EV/2016 DATED 22.01.2016.
EXHIBIT P3TRUE COPY OF THE ORDER IN OA
180/001071/2017 DATED 23.10.2018
ISSUED BY THE CAT ERNAKULAM BENCH.
Director of Accounts (Postal), Kerala Circle
Chief Postmaster General, Kerala Circle
Union of India
Thomas Pothen
Amit Rawal
K. V. Jayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court