Kerala High Court
Union Of India vs Anish Kumar .S on 13 August, 2020
Bench: A.M.Shaffique, P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 13TH DAY OF AUGUST 2020 / 22ND SRAVANA, 1942
OP (CAT).No.142 OF 2020
AGAINST THE ORDER IN OA 180/00013/2020 DATED 07-01-2020 OF CENTRAL
ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS/RESPONDENTS 1 TO 6 IN O.A.:
1 UNION OF INDIA
REP BY THE SECRETARY TO THE GOVERNMENT OF INDIA,
DEPARTMENT OF THE POST, MINISTRY OF COMMUNICATIONS,
GOVERNMENT OF INDIA, NEW DELHI-110 001.
2 THE SECRETARY TO GOVERNMENT OF INDIA
DEPARTMENT OF PERSONNEL AND TRAINING,
GOVERNMENT OF INDIA, NEW DELHI-110 001.
3 THE CHIEF POSTMASTER GENERAL,
KERALA CIRCLE, THIRUVANANTHAPURAM-695 033.
4 THE SENIOR SUPERINTENDENT OF POST OFFICE
THIRUVANANTHAPURAM NORTH DIVISION,
THIRUVANANTHAPURAM-695 001.
5 THE SENIOR POSTMASTER
OFFICE OF THE SENIOR POSTMASTER,
THIRUVANANTHAPURAM GPO, THIRUVANANTHAPURAM-695 001.
BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
RESPONDENT/APPLICANT IN O.A.:
ANISH KUMAR .S, AGED 42 YEARS
S/O.SASIDHARAN N, POSTAL ASSISTANT,
THIRUVANANTHAPURAM GPO, THIRUVANANTHAPURAM 695 001,
RESIDING AT SREEJA NIVAS, POONTHI ROAD, KUMARAPURAM
MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695 001, MOB
7907754236.
BY ADV.V.SAJITHKUMAR
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 13.08.2020, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (CAT).No.142 OF 2020
2
A.M.SHAFFIQUE & GOPINATH. P, JJ.
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O.P(CAT) No.142 of 2020
............................................
Dated this the 13 th day of August, 2020
JUDGMENT
Gopinath, J.
This O.P (CAT) is filed by the Union of India in the Department of Posts and its officers challenging Ext.P.2 order of the Central Administrative Tribunal, Ernakulam Bench in O.A.No.180/00013/2020. The respondent herein had filed that O.A seeking disbursement of hostel subsidy as part of the Children Education Allowance granted to eligible employees of the Central Government. The claim was made under Annexure-A2 Office memorandum dated 02.09.2008. According to the respondent, the condition prescribed in Annexure - A3 Office Memorandum dated 31.05.2012, providing that the subsidy will be paid only if the residential school/institution where the ward of the Government servant studies is located beyond the distance of 50 kilometres from the residence of the Government servant is unsustainable in law since the respondent's OP (CAT).No.142 OF 2020 3 son is enrolled in a Sainik School where hostel residence is mandatory.
2. The Tribunal appears to have allowed the original application at the admission stage itself without affording any opportunity to the Department to file their reply statement.
3. We believe that the Tribunal should have granted an opportunity to the Department to file a reply statement before holding that the Annexure-A3 office memorandum dated 31.05.2012 may not apply when the ward of the Government servant is compulsorily required to reside in a hostel as the case of a Sainik school.
4. We, therefore, set aside Ext.P2 order and remit the matter for fresh consideration of the Tribunal. The Tribunal shall permit the Department to file a reply statement and shall then decide the matter on merits. However considering the facts and circumstances of the case, we direct that the order to pay hostel subsidy to the first respondent shall be complied with, subject to the condition that the same will be recovered if, the Tribunal ultimately finds that the hostel subsidy was OP (CAT).No.142 OF 2020 4 not payable. The amount of hostel subsidy due in terms of the relevant instructions shall be released to the respondent at the earliest and at any rate within two weeks from the date of receipt of a copy of this judgment.
Sd/-
A.M.SHAFFIQUE, JUDGE sd/-
GOPINATH P., JUDGE AMV/14/08/2020 OP (CAT).No.142 OF 2020 5 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORIGINAL APPLICATION NO.13/2020 WITH ANNEXURES ANNEXURE A3 TRUE COPY OF THE MEMO NO.12011/07/2011-ESTT(AL) DATED 31/5/2012 ISSUED BY THE 2ND RESPONDENT.
ANNEXURE A4 TRUE COPY OF THE REPLY LETTER NO.Z-
20025/05/2018-ESST (AL) DATED 15/10/2018 ISSUED BY THE 2ND RESPONDENT TO THE APPLICANT IN OA.
ANNEXURE A5 TRUE COPY OF THE MEMO NO.A-
27012/02/2017 -ESST(AL) DATED 17/7/18 ISSUED BY THE 2ND RESPONDENT IN OA ANNEXURE A9 TRUE COPY OF THE LETTER NO.C/CEAS/DIGS/2019 DATED 28/10/19 ISSUED BY THE 4TH RESPONDENT IN O.A TO THE 5TH RESPONDENT IN OA.
ANNEXURE A10 TRUE COPY OF THE LETTER NO.B/PF/ANISH KUMAR S DATED 31/10/2019 ISSUED BY THE 5TH RESPONDENT TO THE APPLICANT IN OA.
ANNEXURE A1 TRUE COPY OF THE REQUEST DATED 15/3/2018 SUBMITTED BY THE APPLICANT IN OA TO THE 3RD RESPONDENT THROUGH PROPER CHANNEL.
ANNEXURE A2 TRUE COPY OF THE MEMO NO.12011/03/2008-ESSR(ALLOWANCE) DAATED 2/9/2008 ISSUED BY THE 2ND RESPONDENT IN OA.
ANNEXURE A6 TRUE COPY OF THE LETTER NO.B/STAFF/TV GPO DATED 19/01/2019 ISSUED BY THE 5TH RESPONDENT IN OA TO THE APPLICANT IN OA.
ANNEXURE A7 TRUE COPY OF THE REPLY LETTER NO.39(17)/2019/D(SSC) DATED 14/5/2019 ISSUED BY THE APPLICANT IN OA BY THE SAINIK SCHOOLS SOCIETY, SENA BHAVAN, NEW DELHI.
OP (CAT).No.142 OF 2020 6 ANNEXURE A8 TRUE COPY OF THE REPRESENTATION DATED 25/5/19 SUBMITTED BY THE APPLICANT IN OA TO THE DIRECTOR GENERAL, DEPARTMENT OF POSTS.
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 7/1/2020 IN OA 180/00013/2020 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.
RESPONDENTS EXHIBITS : NIL TRUE COPY P.A.TO JUDGE