Kerala High Court
Mohanakumar K vs Union Of India Represented By The on 19 September, 2019
Bench: V.Chitambaresh, Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
&
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY, THE 19TH DAY OF SEPTEMBER 2019 / 28TH BHADRA, 1941
OP (CAT).No.1266 OF 2012(Z)
AGAINST THE COMMON ORDER DATED 23-01-2012 IN OA 303/2011 OF
CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER:
MOHANAKUMAR K.,CHARGE MAN 1 (ICE),
NAVAL SHIP REPAIR YARD,NAVAL BASE,
KOCHI 680 004,RESIDING AT PAMBA VIHAR,
DEFENCE QUARTERS,TYPE III A-5,
PALLURUTHY, KOCHI 6.
BY ADVS.
SRI.S.RADHAKRISHNAN
SMT.LATHIKA MOHAN
SRI.S.RAJ MOHAN
KUM.K.SARITHA (PALLOM)
RESPONDENTS:
1 UNION OF INDIA REPRESENTED BY THE
SECRETARY TO THE GOVERNMENT OF INDIA,
MINISTRY OF DEFENCE,NORTH BLOCK,
NEW DELHI 110 001.
2 THE FLAG OFFICER,COMMANDING IN CHIEF,
SOUTHERN NAVAL COMMAND,HEAD QUARTERS,
KOCHI 680 004.
3 THE CHIEF STAFF OFFICER
(PERSONNEL & ADMINISTRATION)
HEAD QUARTERS,SOUTHERN NAVAL COMMAND,
NAVAL BASE, KOCHI 680 004.
4 THE PRINCIPAL DIRECTOR OF CIVILIAN
PERSONNEL INTEGRATED HEAD QUARTERS,
MINISTRY OF DEFENCE (NAVY),
NEW DELHI 110 001.
5 THE COMMODORE SUPERINTENDENT,
NAVAL SHIP REPAIR YARD,
NAVAL BASE, KOCHI 680004
OP(CAT) No.1266/2012, 1267/2012 & 1386/2012
2
6 THE JOINT CONTROLLER OF DEFENCE ACCOUNT,
AREA ACCOUNTS OFFICE (NAVY),
PERUMMANNUR (KOCHI 10).
R1 BY ADV. SRI P VIJAYAKUMAR ASG
R1 BY ADV. ADV.T.SANJAY
R1-6 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON
19.09.2019, ALONG WITH OP (CAT).1267/2012(Z), OP
(CAT).1386/2012(Z), THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
OP(CAT) No.1266/2012, 1267/2012 & 1386/2012
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
&
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY,THE 19TH DAY OF SEPTEMBER 2019/28TH BHADRA, 1941
OP (CAT).No.1267 OF 2012
AGAINST THE COMMON ORDER DATED 23-01-2012 IN
OA 283/2011 OF CENTRAL ADMINISTRATIVE TRIBUNAL,
ERNAKULAM BENCH
PETITIONERS:
1 C.J.POULOSE,FORMAN (ICE),
NAVAL SHIP REPAIR YARD,
NAVAL BASE, KOCHI - 680 004,
RESIDING AT CHOOTHUKULAYIL HOUSE,
S.N.PURAM,ALUVA WEST VILLAGE,ALUVA.
2 M.VIJAYAN,CHARGEMAN-I(ELECTRICAL),
NAVAL SHIP REPAIR YARD,NAVAL BASE,
KOCHI-680 004,RESIDING AT 'USHUS',
THURUTHIPARAMBU ROAD,VAZHAKALA,
THRIKKAKARA P.O.,KOCHI - 682 021.
BY ADVS.
SRI.S.RADHAKRISHNAN
SMT.LATHIKA MOHAN
SRI.S.RAJ MOHAN
KUM.K.SARITHA (PALLOM)
RESPONDENTS:
1 UNION OF INDIA REPRESENTED BY
THE SECRETARY TO THE GOVERNMENT
OF INDIA,MINISTRY OF DEFENCE,
NORTH BLOCK - NEW DELHI 110001.
OP(CAT) No.1266/2012, 1267/2012 & 1386/2012
4
2 THE FLAG OFFICER,COMMANDING IN CHIEF,
SOUTHERN NAVAL COMMAND,HEAD QUARTERS,
KOCHI - 680 004.
3 THE CHIEF STAFF OFFICER
(PERSONNEL & ADMINISTRATION),
HEAD QUARTERS,SOUTHERN NAVAL COMMAND,
NAVAL BASE, KOCHI - 680 004.
4 THE PRINCIPAL DIRECTOR OF CIVILIAN
PERSONNEL,INTEGRATED HEAD QUARTERS,
MINISTRY OF DEFENCE(NAVY),
NEW DELHI - 110 001.
5 THE COMMODORE SUPERINTENDENT,
NAVAL SHIP REPAIR YARD,
NAVAL BASE, KOCHI-680 004.
6 THE JOINT CONTROLLER OF
DEFENCE ACCOUNT,AREA ACCOUNTS OFFICE,
NAVY,PERUMANNUR (KOCHI-10).
R1 BY ADV. SRI P VIJAYAKUMAR ASG
R1 BY ADV. SRI.P.PARAMESWARAN NAIR ASG OF
INDIA
R1 BY ADV. SMT.GOVINDA P.RENUKADEVI CGC
R1 BY ADV. SRI.A.R.GANGADAS CGC
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON
19.09.2019, ALONG WITH OP (CAT).1266/2012(Z), OP
(CAT).1386/2012(Z), THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
OP(CAT) No.1266/2012, 1267/2012 & 1386/2012
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
&
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY,THE 19TH DAY OF SEPTEMBER 2019/28TH BHADRA, 1941
OP (CAT).No.1386 OF 2012
AGAINST THE COMMON ORDER DATED 23-01-2012 IN OA 303/2011
OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS:
1 K.BALAKRISHNAN,FOREMAN(PPC),
NAVAL SHIP REPAIR YARD,NAVAL BASE,
KOCHI-680 004,RESIDING AT NO.15,
PADMAPRIYA,PRATHEEKSHA NAGAR,
THOPPUMPADY,KOCHI-682 004.
2 S.MOHAN RAJ,FOREMAN(RADIO,
NAVAL SHIP REPAIR YARD),
NAVAL BASE,KOCHI-682 004,
RESIDING AT NO.27/1798-A,
L-24,KASTURBA NAGAR,
KOCHUKADAVANTHRA,KOCHI-682 020.
3 DARLY JOHN,TECHNICAL ASSISTANT
(ENGINEERING),NAVAL SHIP REPAIR-YARD,
NAVAL BASE,KOCHI-682 004,RESIDING AT
KANNANTHADATHIL HOUSE, MARADU.P.O,
ERNAKULAM,PIN-682 034.
4 D.GEORGEKUTTY,FOREMAN(EGF),
NAVAL SHIP REPAIR YEAR,NAVAL BASE,
KOCHI-682 004,RESIDING AT POIKAVILA HOUSE,
FR.MULAVARIKKAL ROAD, KONTHURUTHY,
THEVARA.P.O,KOCHI-682 013.
5 R.SHAJIKUMAR,FOREMAN(POWER),
NAVAL SHIP REPAIR YARD,NAVAL BASE,
OP(CAT) No.1266/2012, 1267/2012 & 1386/2012
6
KOCHI-682 004,RESIDING AT VIJAYA BHAVAN,
KANNANAKUZHY.P.O.,MAVELIKKARA,
ALAPPUZHA-690 504.
BY ADVS.
SRI.P.B.SAHASRANAMAN
SRI.T.S.HARIKUMAR
SRI.K.JAGADEESH
RESPONDENTS:
1 THE UNION OF INDIA REPRESENTED BY ITS
SECRETARY TO THE GOVERNMENT OF INDIA,
MINISTRY OF DEFENCE,NORTH BLOCK,
NEW DELHI,PIN-110 006.
2 THE FLAG OFFICER COMMANDING IN CHIEF,
SOUTHERN NAVAL COMMAND,HEADQUARTERS,
KOCHI-682 004.
3 THE CHIEF STAFF OFFICER (PERSONNEL AND
ADMINISTRATION),HEAD QUARTERS,
SOUTHERN NAVAL COMMAND,NAVAL BASE,
KOCHI - 682 004.
4 THE PRINCIPAL DIRECTOR OF CIVILIAN
PERSONNEL INTEGRATED HEADQUARTERS,
MINISTRY OF DEFENCE(NAVY),
NEW DELHI,PIN-110 006.
5 THE COMMODORE SUPERINTENDENT
NAVAL SHIP REPAIR YARD,
NAVAL BASE,KOCHI - 682 004.
6 JOINT CONTROL OF DEFENCE ACCOUNTS
AREA ACCOUNTS OFFICE(NAVY),
PERUMANNUR,KOCHI-682 015.
R1 BY ADV. SRI.T.SANJAY CGC
R1-6 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON
19.09.2019, ALONG WITH OP (CAT).1266/2012(Z), OP
(CAT).1267/2012(Z), THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
OP(CAT) No.1266/2012, 1267/2012 & 1386/2012
7
JUDGMENT
Chitambaresh, J.
The communication dated 08.08.2019 received by the Staff Officer, Southern Naval Command, Kochi has been passed on to us. The same is extracted below:
"The documents forwarded vide your above cited letter has been scrutinised and the following is observed.
1. Copy of CAT order dated 11.03.2011 not found enclosed.
2. Copy of OP(CAT) 1386/2012 filed by Sri. K.Balakrishnan and others not found enclosed.
However the I.A. to OA 1386/2012 has been examined and it is advised that benefit of pay fixation as per Ministry of Finance, Department of Expenditure letter no.F-2- 1/2015-E-III(A) dated 16.10.2015 may be extended subject to fulfillment of conditions as laid down in para 6 of the said order."
2. The petitioners are rest contended about the course of action adopted in the letter aforesated. They do not intend to prosecute the original petitions further therefore. The Assistant Solicitor General submits that the directions in the letter would be adhered to and the same is hereby recorded.
OP(CAT) No.1266/2012, 1267/2012 & 1386/2012 8
3. The benefits admissible shall be disbursed to the petitioners within a period of three months. The original petitions are hence disposed of recording the aforestated letter.
V. CHITAMBARESH JUDGE ASHOK MENON JUDGE ncd