Kerala High Court
Shri.T.N.Venugopalan vs Union Of India on 20 February, 2026
OP (CAT) NO. 12 OF 2026
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2026:KER:15782
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE P. V. BALAKRISHNAN
FRIDAY, THE 20TH DAY OF FEBRUARY 2026 / 1ST PHALGUNA, 1947
OP (CAT) NO. 12 OF 2026
AGAINST THE ORDER DATED 23.06.2025 IN OA NO.304 OF 2024 OF CENTRAL ADMINISTRATIVE
TRIBUNAL, ERNAKULAM BENCH
PETITIONER/S:
1 SHRI.T.N. VENUGOPALAN,
AGED 57 YEARS
MEDICAL LABORATORY TECHNOLOGIST NATIONAL AYURVEDA RESEARCH INSTITUTE
FOR PANCHAKARMA, CHERUTHURUTHY, THRISSUR, PIN - 679531
2 SMT.NEETHU.K. R,
AGED 37 YEARS
MEDICAL LABORATORY TECHNOLOGIST NATIONAL AYURVEDA RESEARCH INSTITUTE
FOR PANCHAKARMA, CHERUTHURUTH, THRISSUR, PIN - 679531
3 DR. SUDESH N GAIDHANI,
AGED 53 YEARS
NATIONAL AYURVEDA RESEARCH INSTITUTE FOR PANCHAKARMA,
CHERUTHURUTHY, THRISSUR, PIN - 679531
4 DR. V.C. DEEP,
AGED 56 YEARS
ASSISTANT DIRECTOR (AY), NATIONAL AYURVEDA RESEARCH INSTITUTE FOR
PANCHAKARMA, CHERUTHURUTHY, THRISSUR, PIN - 679531
5 DR.N. THAMIZH SELVAM,
AGED 48 YEARS
ASSISTANT DIRECTOR (BIO-CHEMISTRY) NATIONAL AYURVEDA RESEARCH INSTITUTE
OP (CAT) NO. 12 OF 2026
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FOR PANCHAKARMA, CHERUTHURUTHY, THRISSUR, PIN - 679531
6 DR.P.P. PRADEEPKUMAR,
AGED 39 YEARS
RESEARCH OFFICER (AY) NATIONAL AYURVEDA RESEARCH INSTITUTE FOR
PANCHAKARMA, CHERUTHURUTHY, THRISSUR, PIN - 679531
7 DR. KRISHNA KUMAR.V,
AGED 39 YEARS
RESEARCH OFFICER (AY) NATIONAL AYURVEDA RESEARCH INSTITUTE FOR
PANCHAKARMA, CHERUTHURUTHY, THRISSUR, PIN - 679531
8 DR. DEVI.R. NAIR,
AGED 38 YEARS
RESEARCH OFFICER (AY), NATIONAL AYURVEDA RESEARCH INSTITUTE FOR
PANCHAKARMA, CHERUTHURUTHY, THRISSUR, PIN - 679531
9 DR.K.M. PRATAP SHANKAR,
AGED 42 YEARS
RESEARCH OFFICER (AY), NATIONAL AYURVEDA RESEARCH INSTITUTE FOR
PANCHAKARMA, CHERUTHURUTHY, THRISSUR, PIN - 679531
10 DR. PARVATHY.G. NAIR,
AGED 37 YEARS
RESEARCH OFFICER (AY), NATIONAL AYURVEDA RESEARCH INSTITUTE FOR
PANCHAKARMA, CHERUTHURUTHY, THRISSUR, PIN - 679531
11 DR. REMYA.E,
AGED 40 YEARS
RESEARCH OFFICER (AY), NATIONAL AYURVEDA RESEARCH INSTITUTE FOR
PANCHAKARMA, CHERUTHURUTHY, THRISSUR, PIN - 679531
12 DR. ROHIT.K. S,
AGED 41 YEARS
RESEARCH OFFICER (AY), NATIONAL AYURVEDA RESEARCH INSTITUTE FOR
PANCHAKARMA, CHERUTHURUTHY, THRISSUR, PIN - 679531
13 DR. ASWANI.P. S,
AGED 39 YEARS
RESEARCH OFFICER (AY), NATIONAL AYURVEDA RESEARCH INSTITUTE FOR
PANCHAKARMA, CHERUTHURUTHY, THRISSUR, PIN - 679531
14 DR. BINITHA.P,
OP (CAT) NO. 12 OF 2026
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AGED 39 YEARS
RESEARCH OFFICER (AY), NATIONAL AYURVEDA RESEARCH INSTITUTE FOR
PANCHAKARMA, CHERUTHURUTHY, THRISSUR, PIN - 679531
15 DR SRIKANTH ALA,
AGED 39 YEARS
RESEARCH OFFICER (PHARMACOLOGY) NATIONAL AYURVEDA RESEARCH INSTITUTE
FOR PANCHAKARMA, CHERUTHURUTHY, THRISSUR, PIN - 679531
16 SMT.SOUMYA.K. V,
AGED 44 YEARS
ASSISTANT MATRON NATIONAL AYURVEDA RESEARCH INSTITUTE FOR
PANCHAKARMA, CHERUTHURUTHY, THRISSUR, PIN - 679531
17 TISSY JOSEPH.K,
AGED 50 YEARS
SISTER IN CHARGE NATIONAL AYURVEDA RESEARCH INSTITUTE FOR PANCHAKARMA,
CHERUTHURUTHY, THRISSUR, PIN - 679531
18 SINI PAUL,
AGED 37 YEARS
SISTER IN CHARGE NATIONAL AYURVEDA RESEARCH INSTITUTE FOR PANCHAKARMA,
CHERUTHURUTHY, THRISSUR, PIN - 679531
BY ADVS.
SHRI.G.KRISHNAKUMAR
SMT.NINA P. AUGUSTINE
SMT.SNEHA JOY
SMT.SHYAMILI S.L.
RESPONDENT/S:
1 UNION OF INDIA,
REPRESENTED BY ITS SECRETARY TO MINISTRY OF AYUSH, AYUSH BHAVAN, BLOCK
B1, B-BLOCK, GPO COMPLEX, INA, NEW DELHI, PIN - 110023
2 CENTRAL COUNCIL FOR RESEARCH IN AYURVEDIC SCIENCE
61-65, OPP. D BLOCK, JANAKPURI INSTITUTIONAL AREA, JANAKPURI, NEW DELHI,
REPRESENTED BY ITS DIRECTOR GENERAL, PIN - 110058
OP (CAT) NO. 12 OF 2026
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3 DIRECTOR GENERAL,
CENTRAL COUNCIL FOR RESEARCH IN AYURVEDIC SCIENCE , 61-65, OPP. D BLOCK,
JANAKPURI INSTITUTIONAL AREA, JANAKPURI, NEW DELHI, PIN - 110058
4 NATIONAL AYURVEDIC RESEARCH INSTITUTE FOR PANCHAKARMA,
CHERUTHURUTHY, THRISSUR REPRESENTED BY ITS DIRECTOR, PIN - 679531
5 THE DIRECTOR,
NATIONAL AYURVEDIC RESEARCH INSTITUTE FOR PANCHAKARMA
CHERUTHURUTHY, THRISSUR, PIN - 679531
6 DEPUTY DIRECTOR (DT)11,
INDIAN AUDIT AND ACCOUNT DEPARTMENT O/O THE PRINCIPAL DIRECTOR OF AUDIT
(CENTRAL) BRANCH OFFICE, GOLDEN JUBILEE ROAD KALOOR, KOCHI, PIN - 682017
7 THE PRINCIPAL DIRECTOR OF AUDIT (CENTRAL),
INDIAN AUDIT AND ACCOUNT DEPARTMENT O/O THE PRINCIPAL DIRECTOR OF AUDIT
(CENTRAL) BRANCH OFFICE, GOLDEN JUBILEE ROAD KALOOR, KOCHI, PIN - 682017
BY ADV SRI T.V. VINU, CENTRAL GOVERNMENT COUNSEL
THIS OP (CAT) HAVING FINALLY HEARD ON 20.02.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
OP (CAT) NO. 12 OF 2026
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JUDGMENT
Sushrut Arvind Dharmadhikari, J.
The present Original Petition under Article 227 of the Constitution of India assails the common order dated 23.06.2025 passed in O.A. No. 180/00304/2024 and the connected matter by the Central Administrative Tribunal, Ernakulam Bench, whereby the Original Applications were dismissed.
2. The petitioners, who are employees of the fourth respondent, National Ayurveda Research Institute for Panchakarma (NARIP), Cheruthuruthy, filed Original Application No. 304/2024 challenging the orders contained in Annexures A1, A2, and A20, and seeking a direction to respondent Nos. 1 to 5 to restore the House Rent Allowance (HRA) to 18% of the basic pay with effect from October 2023, and to disburse the arrears of the differential amount along with interest at the rate of 12% per annum.
OP (CAT) NO. 12 OF 2026 6 2026:KER:15782 2.1 The Tribunal, after hearing both sides, dismissed the Original Application. Aggrieved thereby, the petitioners have filed the present Original Petition.
3. The learned counsel for the petitioners contended that, as per Annexure-A10 order, the HRA admissible to the petitioners is at the rate of 18% of the basic pay. The respondents reduced the HRA from 18% to 9% and directed recovery of the excess amount already paid, that too without affording an opportunity for a personal hearing. The action of the respondents is illegal, arbitrary, discriminatory, and violative of Article 14 of the Constitution of India.
3.1 It was further contended that the learned Tribunal failed to properly appreciate the contentions raised by the petitioners and erred in dismissing the Original Application. The impugned order, therefore, deserves to be set aside and the Original Petition allowed.
4. Per contra, the learned Central Government Counsel submitted that the learned Tribunal ought not to have entertained the OP (CAT) NO. 12 OF 2026 7 2026:KER:15782 Original Application, inasmuch as it was premature. On a perusal of Annexure-A1 order dated 11.10.2023, it is evident that the same is only an inspection report on the accounts of NARIP. Annexure-A2 is merely a request made by the petitioners to pay HRA at the rate of 18% instead of 9%, and Annexure-A20 is only a circular regarding excess payment of HRA.
4.1 By no stretch of imagination do the said documents give rise to any cause of action so as to invoke the jurisdiction of the learned Tribunal. The learned Tribunal ought not to have entertained the Original Application, as it was premature. If the respondents had initiated recovery proceedings, the petitioners were obliged to challenge the recovery order, if any, or the pay slip reflecting deduction of HRA from 18% to 9%. Neither any recovery order nor any pay slip showing deduction of HRA has been challenged.
4.2 In the circumstances, it is contended that the learned Tribunal has rightly dismissed the Original Application, and the present OP (CAT) NO. 12 OF 2026 8 2026:KER:15782 Original Petition does not warrant any interference. The same, therefore, deserves to be dismissed.
5. Heard the learned Counsel for the parties and perused the records.
6. On a perusal of the impugned order and Annexures A1, A2, and A20, it is seen that none of them are orders by which the HRA has been reduced or recovery has been directed from the petitioners. In such circumstances, the Tribunal ought to have dismissed the Original Application at the admission stage itself, since no cause of action had arisen for the petitioners to file the said Original Application. Even before this Court, no document or pay slip has been subsequently produced to show that any deduction is being effected. In the absence of a challenge before the Tribunal or this Court to any specific order of reduction or recovery, no relief can be granted.
6.1 At this stage, the learned counsel for the petitioners sought permission to withdraw the Original Petition with liberty to approach OP (CAT) NO. 12 OF 2026 9 2026:KER:15782 the Central Administrative Tribunal to challenge the reduction of HRA and the recovery, within a stipulated time frame. Admittedly, since the petitioners have not challenged any order of reduction or recovery, the Original Application ought not to have been entertained. Accordingly, the petitioners are permitted to withdraw the Original Petition with liberty to approach the Tribunal, in accordance with law, to challenge the order of reduction in HRA and recovery, if any. If such an Original Application is filed, the Tribunal shall consider the same on its merits, untrammelled by any observations made in the impugned order.
With the aforesaid liberty, the Original Petition is dismissed as withdrawn.
Sd/-
SUSHRUT ARVIND DHARMADHIKARI JUDGE Sd/-
P. V. BALAKRISHNAN JUDGE jjj OP (CAT) NO. 12 OF 2026 10 2026:KER:15782 APPENDIX OF OP (CAT) NO. 12 OF 2026 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE COMMUNICATION BEARING NO F.NO.7-16/ 2011- 12/CCRAS/IA/HQ/4707 DATED 11-10-2023 ISSUED BY THE 2ND RESPONDENT IN O.A. Annexure A2 TRUE COPY OF THE REPRESENTATION DATED 10.11.2023 PREFERRED BY THE 1ST APPLICANT IN O.A. Annexure A3 TRUE COPY OF THE LETTER/COMMUNICATION F.NO. L-19012/2/ 2023 AS DATED 09.10.2023 OF THE 1ST RESPONDENT IN O.A. Annexure A4 TRUE COPY OF THE COMMUNICATION D.O.NO.CE/LL/7-42/DP-
NARIP/2023-24/91 DATED 24.08.2023 OF THE 6TH RESPONDENT IN O.A. Annexure A5 TRUE COPY OF THE STATEMENT OF FACTS ON THE SUBJECT EXCESS PAYMENT OF HRA ENCLOSED BY THE 6TH RESPONDENT ALONG WITH ANNEXURE A4 COMMUNICATION IN O.A. Annexure A6 TRUE COPY OF THE COVERING LETTER BEARING NO.F6/1/2023/ NARIP/ACCTS/AUDIT/1191 LETTER DATED 12.09.2023 OF THE 4TH RESPONDENT IN O.A. Annexure A7 TRUE COPY OF THE REPLY OF THE 5TH RESPONDENT IN O.A. Annexure A8 TRUE COPY OF THE REQUEST OF THE PRINCIPAL DIRECTOR OF AUDIT DATED 03.11.2023 3RD RESPONDENT DIRECTOR GENERAL IN O.A. Annexure A9 TRUE COPY OF THE REQUEST DATED 17-12-2023 OF THE 4TH RESPONDENT SUBMITTED TO THE 7TH RESPONDENT PRINCIPAL DIRECTOR IN O.A. Annexure A10 TRUE COPY OF THE LETTER MEMO OF SENIOR SUPERINTENDENT OF POSTS, THRISSUR DISTRICT NO. BEARING HRAZDIG DATED 08.04.2016 ALONG WITH TYPED COPY IN O.A. Annexure A11 TRUE COPY OF THE REPLY ISSUED UNDER RTI ACT BY THE SR.
SUPERINTENDENT OF POSTS, THRISSUR DATED 3.8.2023 IN O.A. Annexure A12 TRUE COPY OF THE REPLY DATED 30-11-2023 ISSUED IN RESPONSE TO RTI APPLICATION BY C-MET IN O.A. Annexure A13 TRUE COPY OF THE OM DATED 21.07.2015 BEARING NO. 02.05.2014- EJI(B)GOVERNMENT OF INDIA, MINISTRY OF FINANCE IN O.A. Annexure A14 TRUE COPY OF THE OM 2/5/2017-EII (B) DATED 07.07.2017 OF THE GOVERNMENT OF INDIA, MINISTRY OF FINANCE IN O.A. Annexure A15 TRUE COPY OF THE REPLY DATED 23.01.2024 OF THE KENDRIYA VIDYALAYA IN O.A. Annexure A16 TRUE COPY OF THE DOCUMENT ENCLOSED ALONG WITH ANNEXURE A14 AND MENTIONED IN SL NO. 1 OF ANNEXURE A 15 IN O.A. Annexure A17 TRUE COPY OF THE LIST OF CITIES/TOWN CLASSIFIED FOR HRA, OP (CAT) NO. 12 OF 2026 11 2026:KER:15782 ENCLOSED ALONG WITH ANNEXURE A15 IN O.A. Annexure A18 TRUE COPY OF THE LETTER NO. 9/27/2018-CD (CENSUS) DATED 12.11.2018 OF THE REGISTRAR GENERAL, MINISTRY OF HOME AFFAIRS, NEW DELHI IN O.A. Annexure A19 TRUE COPY OF THE COMMUNICATION DATED 19.03.2024 PREFERRED BY THE 1ST RESPONDENT TO THE 7TH RESPONDENT PRINCIPAL DIRECTOR OF AUDIT IN O.A Annexure A20 TRUE COPY OF THE CIRCULAR DATED 13.05.2024 ISSUED BY THE 4TH RESPONDENTIN O.A. Annexure A21 TRUE COPY OF THE RELEVANT PORTION OF GO (MS) NO. 226/ 2021/LSGD DATED 06.10.2021 IN O.A. Annexure A22 TRUE COPY OF THE RELEVANT PAGES OF ANNUAL REPORT 2012- 13 OF THE MINISTRY OF URBAN DEVELOPMENT, GOVERNMENT OF INDIA IN O.A. Annexure A23 TRUE COPY OF THE COVERING LETTER DATED 21.07.2023 FROM THE OFFICE OF THE 7TH RESPONDENT IN O.A. Annexure A24 TRUE COPY OF THE RELEVANT PAGES OF THE AUDIT REPORT REGARDING PAYMENT OF EXCESS HRA TO THE EMPLOYEES OF THE 4TH RESPONDENT INSTITUTE IN O.A. Annexure R1 TRUE COPY OF RULE 62 OF CENTRAL GOVERNMENT ACCOUNT THE (RECEIPTS AND PAYMENTS) RULES, 1983 IN REPLY IN THE O.A. Annexure R6(a) TRUE COPY OF THE AUDIT OBJECTION DATED 21.07.2023 IN REPLY IN THE O.A. Annexure R6(b) TRUE COPY OF THE LETTER NO. DDU-10/2016 DATED 04-09- 2023 ISSUED BY THE DIRECTORATE OF CENSUS OPERATIONS, THIRUVANANTHAPURAM IN REPLY IN THE O.A. Annexure R6(c) THE TRUE COPY OF THE RELEVANT PAGES OF PARAGRAPH NO.46 OF THE BYE-LAW OF CENTRAL COUNCIL FOR RESEARCH IN AYURVEDIC (CCRAS) IN THE O.A. Annexure A25 TRUE COPY OF THE COVERING LETTER DATED 09.2.2016 OF THE GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS. DIRECTORATE OF CENSUS IN O.A. Annexure A26 TRUE COPY OF THE LIST OF CONSTITUENT UNITS OF THRISSUR (UA) AS PER CENSUS 2011 FORWARDED ALONG WITH ANNEXURE A-25 IN O.A. Exhibit P1 THE TRUE COPY OF THE OA NO. 180/00304/2024 ON THE FILES OF THE CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH DATED 25-02-2024 Exhibit P2 TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE RESPONDENT 1 TO 5 IN OA NO. 180/00304/2024 ON THE FILES OF THE CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH DATED 23.09.2024 OP (CAT) NO. 12 OF 2026 12 2026:KER:15782 Exhibit P3 TRUE COPY OF THE REPLY STATEMENT FILED RESPONDENTS 6 AND 7 IN OA NO. 180/00304/2024 ON THE FILES OF THE CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH DATED 19.08.2024. Exhibit P4 THE TRUE COPY OF THE REJOINDER FILED BY THE PETITIONERS HEREIN ALONG WITH OTHER APPLICANTS IN OA NO. 180/00304/2024 ON THE FILES OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH DATED 24-01-2025 Exhibit P5 TRUE COPY OF THE COMMON ORDER DATED 23-06-2025 OF CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH IN OA 180/00304/2024 Exhibit P6 TRUE COPY OF THE SALARY SLIP DATED 30.9.2023 OF THE FIRST PETITIONER IS PRODUCED Exhibit P7 TRUE COPY OF THE SALARY SLIP DATED 31.10.2023 OF THE FIRST PETITIONER Exhibit P8 TRUE COPY OF THE SALARY SLIP DATED 30.9.2023 OF THE SECOND PETITIONER Exhibit P9 TRUE COPY OF THE SALARY SLIP DATED 31.10.2023 OF THE 2ND PETITIONER Exhibit P10 TRUE COPY OF THE SALARY SLIP DATED 30.9.2023 OF THE 16TH PETITIONER Exhibit P11 . TRUE COPY OF SALARY SLIP DATED 31.10.2023 OF THE 16TH PETITIONER Exhibit P12 TRUE COPY OF THE SALARY SLIP DATED 30.9.2023 OF THE 18TH PETITIONER Exhibit P13 TRUE COPY OFF THE SALARY SLIP DATED 31.10.2023 OF THE OF THE 18TH PETITIONE Exhibit P14 TRUE DATED 29.1.2026 TO RECOVER THE EXCESS AMOUNT PAID FROM THE SALARY. COPY OF THE CIRCULAR DATED 29.1.2026 OF THE 4TH RESPONDENT