respondents, for grant of retrospective monetary benefits from 01.01.1996. Admittedly, the Central Administrative Tribunal, Ernakulam Bench considered the issues and extended the monetary benefits with retrospective effect from 01.01.1996. The Kerala High Court in its judgment dated 27.03.2012 has not adjudicated the issues with reference to the legal position settled by the Constitutional Courts. In a short judgment of one paragraph, the Kerala High Court confirmed the order of the Ernakulam Bench, Central Administrative Tribunal. What was considered by the Kerala High Court was that there is no jurisdictional error or legal infirmity to say that there is any injustice against the establishment, on the basis of the order of the Ernakulam Bench of Central Administrative Tribunal judgment. Absolutely, there is no adjudication of issues either factually or on legal points regarding the upgradation of pay or regarding retrospective grant of actual monetary benefits, which were considered time and again by the Constitutional Courts. Therefore, the order of the Kerala High Court in W.P.(C).22276 of 2007 dated 27.03.2012 cannot be followed as precedent for the purpose of extending retrospective monetary benefits to the respondents with effect from 01.01.1996. The validity of the orders passed by the Central Administrative Tribunal, Ernakulam Bench was not tested, based on the legal propositions.
