Kerala High Court
T.Biju Kumar vs Union Of India on 5 March, 2020
Author: K.Vinod Chandran
Bench: K.Vinod Chandran, P.V.Kunhikrishnan
O.P(CAT) Nos. 3, 154, 123,
130 & 131 of 2015 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 05TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941
OP (CAT).No.131 OF 2015(Z)
AGAINST THE ORDER IN OA 718/2012 DATED 22-06-2015 OF CENTRAL
ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER/S:
T.BIJU KUMAR
AGED 44 YEARS
S/O LATE L.P.THANKAPPAN NAIR, POSTMAN, PULAMON
P.O., KOTTARAKKARA, KOLLAM, KERALA-691531, RESIDING
AT GANAPATHI PLACKAL VEEDU, PADINJATTANKARA,
KOTTARAKKARA P.O., KOLLAM-691506.
BY ADVS.
SRI.SAJITH KUMAR V.
SRI.P.K.ANTONY
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF POSTS, MINISTRY OF COMMUNICATIONS,
GOVERNMENT OF INDIA, NEW DELHI-110 001.
2 THE CHIEF POST MASTER GENERAL
KERALA POSTAL CIRCLE, THIRUVANANTHAPURAM-695033.
3 THE SENIOR SUPERINTENDENT OF POST OFFICER
KOLLAM POST DIVISION, KOLLAM-691001.
4 CENTRAL ADMINISTRATIVE ERNAKULAM BENCH
REPRESENTED BY REGISTRAR.
R1 BY ADV. SRI.K.R.RAJKUMAR ADDL.CGSC
R1-3 BY SRI.K.R.RAJKUMAR, ADDL.CGSC
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 05.03.2020,
ALONG WITH OP (CAT).3/2015(Z), OP (CAT).123/2015(Z), OP
O.P(CAT) Nos. 3, 154, 123,
130 & 131 of 2015 2
(CAT).130/2015(Z), OP (CAT).154/2015(Z), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
O.P(CAT) Nos. 3, 154, 123,
130 & 131 of 2015 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 05TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941
OP (CAT).No.3 OF 2015
AGAINST THE ORDER IN OA 1067/2012 OF CENTRAL ADMINISTRATIVE
TRIBUNAL,ERNAKULAM BENCH
PETITIONERS:
1 THE UNION OF INDIA
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF POSTS, NEW DELHI 110 001.
2 THE CHIEF POST MASTER GENERAL
KERALA CIRCLE, TRIVANDRUM 695 003.
3 THE CHIEF POST MASTER GENERAL
NORTHERN REGION, KERALA CIRCLE,
KOZHIKODE - 673 011.
4 THE SUPERINTENDENT OF POST OFFICES
KANNUR DIVISION KANNUR
BY ADVS.
SRI.THOMAS MATHEW NELLIMOOTTIL,SR.PANEL
SRI.T.V.VINU, CGC
RESPONDENTS:
1 RAMADAS M.M
S/O.KUNHIRAMAN NAMBIAR,
POSTAL ASSISTANT, KANNUR HEAD POST OFFICE,
RESIDING AT KADANNAPALLI P.O.,
MANDURE KANNUR - 670 501.
2 PURUSHOTHAMAN K.K.
S/O.K.P.KUNHAMBU,
POSTAL ASSISTANT KANNUR HEAD POST OFFICE,
RESIDING AT KIZHAKKEPURAYIL, MANDAPAM,
KATHIAPURAM P.O., SREEKANDAPURAM, KANNUR-670 631.
O.P(CAT) Nos. 3, 154, 123,
130 & 131 of 2015 4
R1-2 BY ADV. SMT.R.JAGADA BAI
R1-2 BY ADV. SRI.MARTIN G.THOTTAN
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 05.03.2020,
ALONG WITH OP (CAT).123/2015(Z), OP (CAT).130/2015(Z), OP
(CAT).131/2015(Z), OP (CAT).154/2015(Z), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
O.P(CAT) Nos. 3, 154, 123,
130 & 131 of 2015 5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 05TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941
OP (CAT).No.123 OF 2015
AGAINST THE ORDER IN OA 95/2014 OF CENTRAL ADMINISTRATIVE
TRIBUNAL,ERNAKULAM BENCH
PETITIONERS:
1 D.PRASANNAKUMAR
AGED 41 YEARS
S/O.LATE N.DAMODHARAN PILLAI, POSTMAN, THAVAKKARA
PO, KOLLAM, RESIDING AT VANDANAM (BUNGLAVIL),
ARINALLUR PO, KOLLAM 690 538.
2 UNNIKRISHNAN.G
S/O.N.GOPALAKRISHNA PILLAI, POSTAL ASSISTANT,
KARUNAGAPPALLY, RESIDING AT HARI BHAVANAM, THAZHAVA
P.O., KOLLAM 690 523.
BY ADVS.
SRI.SAJITH KUMAR V.
SRI.P.K.ANTONY
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF POSTS MINISTRY OF COMMUNICATION,S
GOVERNMENT OF INDIA, NEW DELHI 110 001.
2 THE CHIEF POST MASTER GENERAL
KERALA POSTAL CIRCLE, THIRUVANANTHAPURAM 695 033.
3 THE SENIOR SUPERINTENDENT OF POST OFFICES
KOLLAM POSTAL DIVISION, KOLLAM 691 001.
R1 BY ASSISTANT SOLICITOR GENERAL
R1-3 BY SRI.T.V.VINU, CGC
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 05.03.2020,
O.P(CAT) Nos. 3, 154, 123,
130 & 131 of 2015 6
ALONG WITH OP (CAT).3/2015(Z), OP (CAT).130/2015(Z), OP
(CAT).131/2015(Z), OP (CAT).154/2015(Z), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
O.P(CAT) Nos. 3, 154, 123,
130 & 131 of 2015 7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 05TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941
OP (CAT).No.130 OF 2015
AGAINST THE ORDER IN OA 881/2012 DATED 22-06-2015 OF CENTRAL
ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS:
A.NADARSHA
AGED 42 YEARS
S/O.A.ALIYARKUNJU, PERIYAN TAYYATHU HOUSE,
NADUVILKARA, THEVALAKKARA P.O., KOLLAM-690 524,
DEPARTMENT OF POSTS, POSTMAN, VAVVAKKAVU SUB
OFFICE, KOLLAM.
BY ADVS.
SRI.SAJITH KUMAR V.
SRI.P.K.ANTONY
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF POSTS, MINISTRY OF COMMUNICATIONS,
GOVERNMENT OF INDIA, NEW DELHI-110 001.
2 THE CHIEF POST MASTER GENERAL
KERALA POSTAL CIRCLE,THIRUVANANTHAPURAM-695 033.
3 THE SENIOR SUPERINTENDENT OF POLICE
KOLLAM POSTAL DIVISION, KOLLAM-01.
4 CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH, REPRESENTED BY ITS REGISTRAR.
R1 BY ADV. SRI.A.R.GANGADAS CGC
R1-3 BY SRI.A.R.GANGADAS, CGC
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 05.03.2020,
O.P(CAT) Nos. 3, 154, 123,
130 & 131 of 2015 8
ALONG WITH OP (CAT).3/2015(Z), OP (CAT).123/2015(Z), OP
(CAT).131/2015(Z), OP (CAT).154/2015(Z), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
O.P(CAT) Nos. 3, 154, 123,
130 & 131 of 2015 9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 05TH DAY OF MARCH 2020 / 15TH PHALGUNA, 1941
OP (CAT).No.154 OF 2015
AGAINST THE ORDER IN OA 158/2013 DATED 09-12-2014 OF CENTRAL
ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF POSTS,
NEW DELHI-110001.
2 THE CHIEF POSTMASTER GENERAL
KERALA CIRCLE, THIRUVANANTHAPURAM-695033.
3 THE POSTMASTER GENERAL
NORTHERN REGION, KERALA CIRCLE, KOZHIKODE-673011.
4 THE SUPERINTENDENT RAILWAY MAIL SERVICE
'CT' DIVISION, KOZHIKODE-673032.
BY ADVS.
ASSISTANT SOLICITOR GENERAL
SRI.T.V.VINU, CGC
RESPONDENTS:
M.P.DINESH
AGED 50 YEARS
S/O. M.P.KUNHIRAMAN, MAIL GUARD, SRO KANNUR,
RAILWAY MAIL SERVICE 'CT' DIVISION, KANNUR,
RESIDING AT 'SWAPNASREE', NEAR MAICHANKUNNU ROAD,
VALAPATANAM P.O., KANNUR-670010.
R1 BY ADV. SMT.R.JAGADA BAI
R1 BY ADV. SRI.MARTIN G.THOTTAN
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 05.03.2020,
ALONG WITH OP (CAT).3/2015(Z), OP (CAT).123/2015(Z), OP
O.P(CAT) Nos. 3, 154, 123,
130 & 131 of 2015 10
(CAT).130/2015(Z), OP (CAT).131/2015(Z), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
O.P(CAT) Nos. 3, 154, 123,
130 & 131 of 2015 11
K.VINOD CHANDRAN & P.V.KUNHIKRISHNAN, JJ
------------------------------------------------------------------------------
O.P(CAT) Nos. 3, 154, 123, 130 & 131 of 2015
------------------------------------------------------------------------------
Dated this the 5th day of March, 2020
JUDGMENT
K.Vinod Chandran, J The Original Petitions agitated an identical issue, which was found for and against the applicants by two Benches of the Tribunal. The applicants before the Tribunal were working as Gramin Dak Sevaks (GDS). They were granted one day technical promotion to the Group-D post and deputed to the Army Postal Service. On their return they were regularized as Group-D employees in the civil side. The question arose as to how their pension has to be reckoned whether under the CCS Pension Rules, 1972 or the new Pension Rules which came into effect from 1.4.2004.
2.The Tribunal in two cases found in favour of the applicants.
In three other cases on similar issue the Tribunal found against the applicants. As of now, the petitioners have been regularized O.P(CAT) Nos. 3, 154, 123, 130 & 131 of 2015 12 from the date of their technical promotion. In such circumstances, the applicants have to be considered as covered under the CCS Pension Rules 1972.
3. We hence find that O.P(CAT) Nos.3 of 2015 and 154 of 2015 are infructuous and reject the same as infructuous.
O.P.(CAT) Nos.123 of 2015, 130 of 2015 and 131 of 2015 are allowed setting aside the impugned order of the Tribunal and recording the fact that the regularization of the applicants from the date of technical promotion enables them to be covered under the CCS (Pension) Rules of 1972.
K.VINOD CHANDRAN, JUDGE P.V.KUNHIKRISHNAN, JUDGE cmsxxx O.P(CAT) Nos. 3, 154, 123, 130 & 131 of 2015 13 APPENDIX OF OP (CAT) 131/2015 PETITIONER'S/S EXHIBITS:
ANNEXURE A1 A TRUE COPY OF THE ORDER NO.B/2/54 DATED 06/06/2012 ISSUED BY THE 3RD RESPONDENT.
ANNEXURE A2 A TRUE COPY OF THE NOTIFICATION NO.BB/27/EXAM 2003 DATED 27/01/2004 ISSUED ON BEHALF OF THE 3RD RESPONDENT.
ANNEXURE A3 A TRUE COPY OF THE REPRESENTATION DATED 02/12/2011 SUBMITTED BY THE APPLICANT BEFORE THE 3RD RESPONDENT.
ANNEXURE A4 A TRUE COPY OF THE ORDER NO.B1/54 DATED 11/01/2012, ISSUED BY THE 3RD RESPONDENT.
ANNEXURE A5 A TRUE COPY OF THE LETTER NO.47-1-2003-SPB-
SPB-1 DATED 13/06/2007 ISSUED BY THE DIRECTOR APS.
ANNEXURE A6 A TRUE COPY OF THE SALARY CERTIFICATE MONTH OF OCTOBER 2010.
ANNEXURE A7 A TRUE COPY OF THE IDENTITY CERTIFICATE NO.ST/205/10/2011 DATED 16/04/2012 ISSUED BY THE DIRECTOR OF POSTAL SERVICE.
ANNEXURE A8 A TRUE COPY OF THE LETTER DATED 16/06/2012 SUBMITTED BY THE APPLICANT AND THE INFORMATION RELEASED UNDER RTI ACT DATED 12/07/2012.
ANNEXURE R1 A TRUE COPY OF THE JUDGMENT HON'BLE HIGH COURT DATED 17/11/2008 IN WPC NO.31522/2008 OBTAINED FROM WEBSITE.
ANNEXURE R2 A COPY OF THE DIRECTORATE LETTER NO.47- 4/96-SPB-1 DATED 28/05/1997.
ANNEXURE A9 A TRUE COPY OF THE ORDER NO.93-23/2003-SPB-
II DATED 21/07/2010 ISSUED BY THE 1ST RESPONDENT.
ANNEXURE A10 A TRUE COPY OF THE ORDER NO.47-1/2003-SPB-1 DATED 13/06/2007 ISSUED ON BEHALF OF THE 1ST RESPONDENT.
ANNEXURE A11 A TRUE COPY OF THE LETTER DATED 09/10/2012 ISSUED FROM THE OFFICE OF THE ARMY POSTAL O.P(CAT) Nos. 3, 154, 123, 130 & 131 of 2015 14 SERVICE (CORPS).
EXHIBIT P1 EXHIBTI P1: A TRUE COPY OF THE APPLICATION IN OA NO.718/2012 FILED BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.
EXHIBIT P2 EXHIBIT P2: A TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS DATED 5.8.2013 IN OA NO.718/2012.
EXHIBIT P3 EXHIBIT P3: A TRUE COPY OF THE REJOINDER FILED BY THE APPLICANT IN OA NO.718/2012 FILED BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.
EXHIBIT P4 EXHIBIT P4: A TRUE COPY OF THE ORDER DATED 25.8.2014 IN OA NO.1067/2012 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.
EXHIBIT P5 EXHIBIT P5: A TRUE COPY OF THE ORDER DATED 22.6.2015 IN OA NO.718/2012 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. O.P(CAT) Nos. 3, 154, 123, 130 & 131 of 2015 15 APPENDIX OF OP (CAT) 3/2015 PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF MEMO NO. B2/7-1/97 DATED 13- 10-1997 PROMOTING THE APPLICANT NO. 1 AS GROUP D AND OFFERING DEPUTATION TO ARMY POSTAL SERVICE W.E.F. 15-10-1997.
ANNEXURE A2 TRUE COPY OF MEMO NO. B2/7-1/97 DATED 5-4- 1999 PROMOTING THE APPLICANT NO. 2 AS GROUP D AND OFFERING DEPUTATION TO ARMY POSTAL SERVICE W.E.F. 5-4-1999.
ANNEXURE A3 TRUE COPY OF THE ORDER OF SELECTION OF THE APPLICANTS FOR THE POST OF POSTMAN ISSUED BY RESPONDENT NO. 4.
ANNEXURE A4 TRUE COPY OF THE ORDER NO. B2/2/DIGS DATED 12-08-2004 OF THE RESPONDENT NO. 4 DESIGNATING THE APPILICANTS AS LEAVE RESERVE POSTMAN IN PAYYANNUR SUB DIVISION.
ANNEXURE A5 TRUE COPY OF THE DISCHARGE CERTIFICATE BEARING NO. 5018/A-4 ISSUED IN FAVOUR OF THE 1ST APPLICANT FROM ARMY POSTAL SERVICE FOR HIS DISCHARGE W.E.F. 1-6-2005, 28-5- 2005.
ANNEXURE A6 TRUE COPY OF DISCHARGE CERTIFICATE BEARING NO. A/601/APS-I ISSUED IN FAVOUR OF 2ND APPLICANT FROM ARMY POSTAL SERVICE FOR HIS DISCHARGE W.E.F. 6-2-2005, DATED 5-2-2005.
ANNEXURE A7 TRUE COPY OF THE DIRECTOR OF ACCOUNTS (POSTAL) TRIVANDRUM MEMO NO. 911CPFM/GPF II DATED 31-7-2006 ISSUING ACCOUNT NUMBER OF THE NEW PENSION SCHEME TO 1ST APPLICANT.
ANNEXURE A8 TRUE COPY OF THE DIRECTOR OF ACCOUNTS (POSTAL) TRIVANDRUM MEMO NO. 530 CPFM/GPFII DATED 6-3-2007 ISSUING ACCOUNT NEMBER OF THE NEW PENSION SCHEME TO THE 2ND APPLICANT.
ANNEXURE A9 TRUE COPY OF MEMO NO. B2/5-1/2009 DATED 15- 03-2010 OF 4TH RESPONDENT PROMOTING THE APPLICANTS TO THE CADRE OF POSTAL ASSISTANTS.
O.P(CAT) Nos. 3, 154, 123, 130 & 131 of 2015 16 ANNEXURE 10 TRUE COPY OF THE MEMO NO. B1/5/R DATED 22- 10-2010 OF 4TH RESPONDENT APPOINTING THE APPLICANTS AS POSTAL ASSISTANTS.
ANNEXURE A11 TRUE COPY OF THE ORDER NO. 47-1/2003-SPB-I DATED 11-6-2007 OF DIRECTOR GENERAL (POSTS) CIRCULATED UNDER ENDORSEMENT NO. B2/7- 1/2007 DATED 13-10-2008 OF 4TH RESPONDENT.
ANNEXURE 12 TRUE COPY OF THE REPRESENTATION DATED 14- 10-009 SUBMITTED BY THE 1ST APPLICANT TO THE 4TH RESPONDENT FOR HIS INCLUSION IN THE PENSION SCHEME GOVERNED BY CCS (PENSION) RULES, 1972.
ANNEXURE A13 TRUE COPY OF THE REPRESENTATION DATD 14-10- 2009 SUBMITTED BY THE 2ND APPLICANT TO THE 4TH RESPONDENT FOR HIS INCLUSION IN THE PENSION SCHEME GOVERNED BY CCS (PENSION) RULES, 1972.
ANNEXURE A14 TRUE COPY OF THE CHIEF POSTMASTER GENERAL, KERALA CIRCLE TRIVANDRUM LETTER NO. RECTT/3-2/2003 DATED 15-01-2004 NOTIFYING THE EXAMINATION FOR PROMOTION TO THE CADRE OF POSTMAN AGAINST THE VANCANCIES OF THE YEAR 2002, COMMUNICATED BY 4TH RESPONDENT UNDER NO. B2/2-4/2004 DATED 20-01-2004.
ANNEXURE MA1 TRUE COPY OF THE ORDER OF HON'BLE SUPREME COURT IN CIVIL APPEAL NO. 5151-5152 OF 2008 DECIDED ON 13-08-2008.
ANNEXURE MA2 TRUE COPY OF THE HON'BLE SUPREME COURT JUDGMENT IN CIVIL APPEALS NO. 1172, 1354, 1355 AND 1751 OF 1972 (THE SUPERINTENDENT OF POST OFFICES VS. P.K. RAJAMMA & OTHERS) DECLARING THAT THE EXTRA DEPARTMENTAL AGENTS IN DEPARTMENT OF POSTS ARE CIVIL SERVANTS.
ANNEXURE MA3 TRUE COPYOF THE DISCHARGE CERTIFICATE ISSUED BY ARMY POSTAL SERVICE TO BASHEER P.P. EXTRA DEPARTMENTAL AGENT DEPUTED TO ARMY POSTAL SERVICE FROM KALPETTA, WAYANAD.
ANNEXURE MA4 TRUE COPY OF THE PAY SLIP OF BASHEER P.P. POSTMAN, KALPETTA POST OFFICE FOR THE MONTH OF AUGUST, 2013.
EXHIBIT P1 EXHIBIT P1: TRUE COPY OF THE O.A.NO.826/2012 O.P(CAT) Nos. 3, 154, 123, 130 & 131 of 2015 17 EXHIBIT P2 EXHIBIT P2: TRUE COPY OF THE REPLY FILED ON BEHALF OF PETITIONERS.
EXHIBIT P3 EXHIBIT P3: TRUE COPY OF THE REJOINDER FILED BY THE RESPONDENTS.
EXHIBIT P4 EXHIBIT P4: TRUE COPY OF THE MISCELLANEOUS APPLICATION NO.180/00205/2014 FILED BY THE RESPONDENTS (APPLICANTS IN OA) FOR RECEIVING DOCUMENTS.
EXHIBIT P5 EXHIBIT P5: TRUE COPY OF THE REPLY FILED BY PETITIONERS TO M.A. NO. 180/00065/14 DATED 7-4-2014.
EXHIBIT P6 EXHIBIT P6: TRUE COPY OF THE ADDITIONAL REPLY DATED 2-4-2013.
EXHIBIT P7 EXHIBIT P7: TRUE COPY OF THE ADDL.
REJOINDER DATED 22-6-2013 FILED BY THE RESPONDENTS.
EXHIBIT P8 EXHIBIT P8: TRUE COPY OF THE 2ND ADDL.
REPLY STATEMENT FILED BY THE PETITIONERS.
EXHIBIT P9 EXHIBIT P9: TRUE COPY OF THE ARGUMENT NOTES FILED BY THE PETITIONERS.
EXHIBIT P10 EXHIBIT P10: TRUE COPY OF THE ARGUMENT NOTES FILED BY THE RESPONDENTS.
EXHIBIT P11 EXHIBIT P11: TRUE COPY OF THE ORDER DATED 25-8-2014 OF THE CAT, ERNAKULAM BENCH IN O.A.1067/2012.
EXHIBIT P11 TRUE COPY OF THE DIRECTORATE LEETER NO.
F.NO. 14-01-2015-SPB-I DATED NIL.01-2016.
EXHIBIT P12 TRUE COPY OF THE DIRETORATE LATTER NO. 47- 1/2003-SPB-I DATED 13-06-2007.
EXHIBIT P13 DIRECTORATE LETTER NO. 47-4/96-SPB-1 DATED 28-05-1997.
EXHIBIT P14 DIRECTORATE LETTER NO. 47-1/2003-SPB-1 DATED 23.7.2003.
EXHIBIT P15 ADD. DG OF APS LETTER NO. 90413/WO/GEN/APS IC DATED 25.4.2007.
EXHIBIT P16 LIST OF 847 GDS COVERED BY DIRECTORATE LETTER DATED 13-06-2007.
O.P(CAT) Nos. 3, 154, 123, 130 & 131 of 2015 18 EXHIBIT P17 NO. 1333/NPS/NON-APS/2016-17 DATED 04-07- 2016 ISSUED BY THE SENIOR ACCOUNTS OFFICER, NPS-SDBS, O/O GM, P A & F, TAMIL NADU CIRCLE.
EXHIBIT P1(a) TRUE COPY OF M.A. NO. 1159/2012 IN OA 1067/2012 (APPLICATION FOR CONDONING THE DELAY IN FILING OA.
O.P(CAT) Nos. 3, 154, 123, 130 & 131 of 2015 19 APPENDIX OF OP (CAT) 123/2015 PETITIONER'S/S EXHIBITS:
ANNEXURE A1 A TRUE COPY OF THE ORDER NO.AC/CAT/2013-14 DATED 31/01/2014 ISSUED BY THE 3RD RESPONDENT IS TO THE 1ST APPLICANT ANNEXURE A2 A TRUE COPY OF THE ORDER NO.AC/CAT/2013-14 DATED 31/01/2014 ISSUED BY THE 3RD RESPONDENT IS TO THE 2ND APPLICANT ANNEXURE A3 A TRUE COPY OF THE MEMO NO.BB/12/APE/DLG DATED 14/2/2001 ISSUED BY THE 3RD RESPONDENT.
ANNEXURE A4 A TRUE COPY OF THE RELEVANT PAGES OF NOTIFICATION NO.BB/27/EXAM/2003 DATED 27/1/2004 ISSUED BY THE 3RD RESPONDENT.
ANNEXURE A5 A TRUE COPY OF THE MEMO NO.BB/27/EXAM/2003 DATED 28/6/2004 ISSUED BY THE 3RD RESPONDENT.
ANNEXURE A6 A TRUE COPY OF THE SALARY BILL OF THE 2ND APPLICANT FOR THE MONTH OF NOVEMBER 2005.
ANNEXURE A7 A TRUE COPY OF THE SALARY BILL OF THE 2ND APPLICANT FOR THE MONTH JANUARY 2014.
ANNEXURE A8 A TRUE COPY OF THE ORDER NO.90413/APS IC/R-
341(B)(PT) DATED 15/6/2007 ISSUED BY THE DIRECTOR OF APS.
ANNEXURE A9 A TRUE COPY OF THE LETTER NO.837446Y/PEN-II DATED 9/10/2012 ISSUED FROM SENA DAK SEVA ABHILEK KARYALAYA.
ANNEXURE A10 A TRUE COPY OF THE ORDER NO.1154/CA-
4/175/NR DATED 9/9/2010 ISSUED BY THE SENIOR RECORDS OFFICER OF APS.
ANNEXURE A11 A TRUE COPY OF THE ORDER NO.93-23/2003-SPB-
II DATED 21/07/2010 ISSUED BY THE 1ST RESPONDENT.
ANNEXURE R1 A TRUE COPY OF THE JUDGMENT OF HON'BLE HIGH COURT DATED 17.11.2008 IN W.P.(C) NO.31522 OF 2008.
ANNEXURE R2. A COPY OF THE DIRECTORATE LETTER NO.47- O.P(CAT) Nos. 3, 154, 123, 130 & 131 of 2015 20 4/96-SPB-1 DATED 28/05/1997.
ANNEXURE R3 A TRUE COPY OF THE UNDER TAKING GIVEN BY THE 1ST APPLICANT.
ANNEXURE R4 A TRUE COPY OF THE UNDER TAKING GIVEN BY THE 2ND APPLICANT.
EXHIBIT P1 P1- A TRUE COPY OF THE APPLICATION IN OA NO.95/2014 FILED BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH EXHIBIT P2 P2-A TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS DATED 11.3.2014 IN OA NO.95/14 EXHIBIT P3 P3- A TRUE COPY OF THE REJOINDER FILED BY THE PPLICANT IN OA NO.95/14 FILED BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH EXHIBIT P4 P4- A TRUE COPY OF THE ADDITIONAL REPLY STATEMENT FILED BY THE RESPONDENTS DATED 30.6.14 IN OA 95/14 EXHIBIT P5 P5- A TRUE COPY OF THE ORDER DATED 25.8.14 IN OA NO.1067/2012 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.
EXHIBIT P6 P6- A TRUE COPY OF THE ORDER DATD 22.6.2015 IN OA NO.95/2014 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.
EXHIBIT P7 A TRUE COPY OF THE ORDER NO.F.NO.47- 01/2003-SPB-1 DATED 12/06/2017 ISSUED BY THE 1ST RESPONDENT.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R1(A) TRUE COPY OF DIRECTORATE LETTER NO.14-01- 2015-SPB-I DATED NIL.01.2016 EXHIBIT R1(B) TRUE COPY OF THE DIRECTORATE LETTER NO.47- 1/2003-SPB-1 DATED 13.06.2007 EXHIBIT R1(c) TRUE COPY OF THE LETTER NO.ST/301/REG-1/17- PT 11 DATED 5/7/2019 ISSUED BY THE ASSISTATNT POSTAMASTER GENERAL (STAFF),THIRUVANANTHAPURAM EXHIBIT R1(d) TRUE COPY OF THE ORDER NO.B2/APS/MISC DATED 01/8/2019 ISSUED BY THE SENIOR O.P(CAT) Nos. 3, 154, 123, 130 & 131 of 2015 21 SUPERINTENDENT POST OFFICES, KOLLAM DIVISION O.P(CAT) Nos. 3, 154, 123, 130 & 131 of 2015 22 APPENDIX OF OP (CAT) 130/2015 PETITIONER'S/S EXHIBITS:
ANNEXURE A1 A TRUE COPY OF THE CHARGE REPORT DATED 03/03/2001 OF THE APPLICANT ANNEXURE A2 A TRUE COPY OF THE ORDER NO.BB/12/A.P.S/DIG DATED 14/02/2001 ISSUED BY THE 3RD RESPONDENT ANNEXURE A3 A TRUE COPY OF THE ORDER NO.90413/A.P.S.I.C/4-341(B)(PT)DATED 15/06/2017 ISSUED BY THE ADDITIONAL DIRECTOR GENERAL OF A.P.S. ANNEXURE A4 A TRUE COPY OF THE REPRESENTATION DATED 01/07/2012 SUBMITTED BY THE APPLICANT BEFORE THE 3RD RESPONDENT ANNEXURE R1 A TRUE COPY OF THE JUDGMENT OF HON'BLE HIGH COURT OF KERALA IN W.P(C)NO.31522 OF 2008 ANNEXURE R2 A TRUE COPY OF THE DECLARATION SUBMITTED BY SR.A.NADARSHA ANNEXURE R3 A COPY OF POSTAL DIRECTORATE LETTER NO.47- 4/96-SPB-1 DATED 28/05/1997.
ANNEXURE R4 A TRUE COPY OF THE LETTER NO.47-1/2003-SPB-
1 DATED 23/07/2003.
ANNEXURE R5 TRUE COPY OF THE LETTER NO.90413/W0/GEN/APS IC DATED 24.04.2007 ANNEXURE MA1 A TRUE COPY OF THE LETTER DATED 09/10/2012 ISSUED FROM THE OFFICE OF THE ARMY POSTAL SERVICE(CORPS) ANNEXURE MA3 A TRUE COPY OF THE ORDER NO.933-23-SPB-II DATED 21/07/2010 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P1 P1 : A TRUE COPY OF THE APPLICATION IN OA NO.881/2012 FILED BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.
EXHIBIT P2 P2 : A TRUE COPY OF THE REPLY STATEMENT RECEIVED ON 22/2/2013 IN OA NO.881/2012. O.P(CAT) Nos. 3, 154, 123, 130 & 131 of 2015 23 THE APPLICANT IN OA 881/2012 FILED BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.
EXHIBIT P4 P4 : A TRUE COPY OF THE MISCELLANEOUS APPLICATION NO.683/2013 IN OA NO.881/2012 FILED BY THE APPLICANT.
EXHIBIT P5 P5 : A TRUE COPY OF THE ADDITIONAL REPLY STATEMENT FILED BY THE RESPONDENTS IN OA NO.881/2012.
EXHIBIT P6 P6 : A TRUE COPY OF THE ORDER DATED 25/8/2014 IN OA NO.1067/2012 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.
EXHIBIT P7 P7 : A TRUE COPY OF THE ORDER DATED 22/6/2015 IN OA NO.881/2012 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.
RESPONDENTS EXTS NIL cms /True copy/ P.S.to Judge O.P(CAT) Nos. 3, 154, 123, 130 & 131 of 2015 24 APPENDIX OF OP (CAT) 154/2015 PETITIONER'S/S EXHIBITS:
ANNEXURE A1 A COPY OF THE COMMANDANT, ARMY POSTAL SERVICE DISCHARGE CUM MOVEMENT ORDER NO.05/12/2006 DATED 28/12/2006.
ANNEXURE A2 A COPY OF THE CERTIFICATE OF APPOINTMENT AS MAIL GUARD, RAILWAY MAIL SERVICE CT DIVISION WITH EFFECT FROM 01/12/2005 ISSUED BY THE RESPONDENT NO.4 UNDER NO.B54/MG/EXAM/06 DATED 31/07/2006.
ANNEXURE A3 A COPY OF THE ORDER FOR JOB TRAINING AND ATTACHING THE APPLICANT TO SUB RECORD OFFICE THALASSERY ISSUED BY THE RESPONDENT NO.4 UNDER ORDER NO.B54/MG/EXAM/06 DATED 09/01/2007.
ANNEXURE A4 A COPY OF THE R4 LETTER NO.B/GDS/SEV. AMT DATED 19/10/2009 REJECTING THE CLAIM FOR SEVERANCE ALLOWANCE.
ANNEXURE A5 A COPY OF THE RESPONDENT NO.4 LETTER NO.BG4/MG/EXAM/09/05 DATED 08/04/2010 REJECTING THE CLAIM OF THE APPLICANT FOR INCLUDING HIM UNDER CCS (PENSION) RULES, 1972.
ANNEXURE A6 A COPY OF THE REPRESENTATION SENT BY THE APPLICANT TO THE R2 ON 25/06/2012 TO INCLUDE HIM UNDER CCS (PENSION) RULE, 1972.
ANNEXURE A7 A COPY OF THE DIRECTOR GENERAL (POSTS) NEW DELHI LETTER NO.47-1/2003-SPB-I DATED 13/06/2007 COMMUNICATED VIDE THE R3 LETTER NO.STA/35/DLG88 DATED 29/09/2008.
ANNEXURE A8 A COPY OF THE HON'BLE SUPREME COURT ORDER IN APPEAL (CIVIL) 5739/2005 DATED 09/06/2006 (UNION OF INDIA VS. M. MATHIVANAN) ANNEXURE R1 TRUE COPY OF LETTER NO.PT CELL/8374066- F/GEN-CORR/PA-3 DATED 17/08/2012.
ANNEXURE A9 COPY OF THE SRM CT DIVISION LETTER NO. B-
II/RECTT/MM/97 DATED 26/07/2000. O.P(CAT) Nos. 3, 154, 123, 130 & 131 of 2015 25 COURT IN CIVIL APPEAL NO.1172, 1354, 1355 AND 1751/1972 (THE SUPERINTENDENT OF POST OFFICES VS P.K. RAJAMMA AND OTHERS) ANNEXURE A11 COPY OF THE DIRECTOR GENERAL (POSTS) NEW DELHI ORDER NO. 66-82-87-SPB-I DATED 21/09/2000.
ANNEXURE A12 COPY OF THE ORDER OF THE HON'BLE HIGH COURT OF KERALA IN WPC NO.33971/2009(S).
ANNEXURE R2 TRUE COPY OF DECLARATION SUBMITTED BY THE RESPONDENT DATED 28/08/1991.
EXHIBIT P1 TRUE COPY OF THE OA NO. 158/2013 DATED 20- 2-2013.
EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT DATED 27- 08-2013 IN O.A.NO. 158/2013, FILED BY THE PETITIONERS.
EXHIBIT P3 TRUE COPY OF THE REJOINDER DATED 11-10-2013 FILED BY THE RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE ADDITIONAL REPLY STATEMENT DATED 30-01-2014.
EXHIBIT P5 TRUE COPY OF THE ADDITIONAL REJOINDER DATED 09-03-2013 FILED BY THE RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE 2ND ADDITIONAL REPLY STATEMENT DATED 26-03-2014 FILED BY THE PETITIONERS.
EXHIBIT P7 TRUE COPY OF THE 2ND ADDITIONAL REJOINDER DATED 15-05-2014, FILED BY THE RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE 3RD ADDITIONAL REPLY STATEMENT DATED 04-06-2014, FILED BY THE PETITIONERS.
EXHIBIT P9 EXHIBIT P9- TRUE COPY OF THE ORDER IN O.A.NO. 158/2013 DATED 09-12-2014 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.
RESPONDENTS EXTS NIL cms /True copy/ P.S.to Judge