Kerala High Court
Dr.Prathibha P Nair vs Union Of India on 31 January, 2026
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN
SATURDAY, THE 31ST DAY OF JANUARY 2026 / 11TH MAGHA, 1947
OP (CAT) NO. 137 OF 2025
AGAINST THE ORDER/JUDGMENT DATED IN OA NO.338 OF 2024
OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS/APPLICANTS:
1 DR.PRATHIBHA P NAIR,
AGED 39 YEARS
W/O.DR.VIVEK P, LAVANYAM, INDIANOOR P.O.,
KOTTAKKAL, MALAPPURAM DISTRICT, PRESENTLY WORKING
AS ASSISTANT PROFESSOR, PROF. VAIDYARATNAM
P.S.VARIER AYURVEDA COLLEGE, KOTTAKKAL, MALAPPURAM
DISTRICT, FORMERLY WORKING AS RESEARCH OFFICER
(AY), NATIONAL AYURVEDA RESEARCH INSTITUTE FOR
PANCHAKARMA, CHERUTHURUTHY, THRISSUR, PIN - 679531
2 DR. SREE DEEPTHI G.N,
AGED 40 YEARS
W/O. DR. ROOPESH KUMAR C.B., RESIDING AT
AKSHARASREE, ULIYAKOVIL NAGAR, 42-A, ULIYAKOVIL
P.O., KOLLAM , PRESENTLY WORKING AS RESEARCH
OFFICER (AYURVEDA), REGIONAL AYURVEDA RESEARCH
INSTITUTE, POOJAPPURA, THIRUVANANTHAPURAM FORMERLY
WORKING AS RESEARCH OFFICER (AY), NATIONAL AYURVEDA
RESEARCH INSTITUTE FOR PANCHAKARMA, CHERUTHURUTHY,
THRISSUR, PIN - 695012
3 DR.AKASH LAL M,
AGED 40 YEARS
S/O. VAPPAN, RESIDING AT MANEERI MANDIRAM,
MANJAPPARA, AMBALAVAYAL, NARIKUNDU P.O., WAYANAD,
PRESENTLY WORKING AS RESEARCH OFFICER, REGIONAL
AYURVEDA RESEARCH INSTITUTE, CHAKKARGAON P.O., NEAR
GANESH TEMPLE, OPPOSITE MUNICIPAL COMPLEX, PORT
BLAIR, ANDAMAN AND NICOBAR ISLANDS , FORMERLY
WORKING AS RESEARCH OFFICER (AY), NATIONAL AYURVEDA
RESEARCH INSTITUTE FOR PANCHAKARMA, CHERUTHURUTHY,
OP(CAT)No.137 of 2025
2
2026:KER:8304
THRISSUR, PIN - 679531
BY ADVS.
SRI.T.MADHU
SMT.C.R.SARADAMANI
SMT.AVANTHIKA R.
SHRI.KARTHIK KRISHNA M.
SMT.ARUNIMA A.R.
SHRI.T.S.DAVIS
RESPONDENTS/RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY ITS SECRETARY, 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, D BLOCK, JANAK PURI INSTITUTIONAL AREA,
JANAK PURI, NEW DELHI, REPRESENTED BY ITS DIRECTOR
GENERAL, PIN - 110058
3 THE DIRECTOR GENERAL,
CENTRAL COUNCIL FOR RESEARCH IN AYURVEDIC SCIENCE,
61-65, D BLOCK, JANAK PURI INSTITUTIONAL AREA,
JANAK PURI, NEW DELHI, PIN - 110058
4 NATIONAL AYURVEDA RESEARCH INSTITUTE FOR
PANCHAKARMA,
CHERUTHURUTHY, THRISSUR REPRESENTED BY ITS
DIRECTOR, PIN - 679531
5 THE DIRECTOR
NATIONAL AYURVEDA RESEARCH INSTITUTE FOR
PANCHAKARMA, CHERUTHURUTHY, THRISSUR, PIN - 679531
6 THE DEPUTY DIRECTOR (DT) 11 INDIA AUDIT AND
ACCOUNTS DEPARTMENT
OFFICE OF THE PRINCIPAL DIRECTOR OF AUDIT
(CENTRAL), BRANCH OFFICE, GOLDEN JUBILEE ROAD,
KALOOR, KOCHI, PIN - 682017
7 THE PRINCIPAL DIRECTOR OF AUDIT (CENTRAL)
INDIA AUDIT AND ACCOUNTS DEPARTMENT, OFFICE OF THE
OP(CAT)No.137 of 2025
3
2026:KER:8304
PRINCIPAL DIRECTOR OF AUDIT (CENTRAL), BRANCH
OFFICE, GOLDEN JUBILEE ROAD, KALOOR, KOCHI, PIN -
682017
8 THE KERALA AYURVEDIC STUDIES AND RESEARCH SOCIETY
KOTTACKAL P.O., MALAPPURAM DISTRICT, REPRESENTED
BY ITS EXECUTIVE DIRECTOR, PIN - 676503
9 THE ASSISTANT DIRECTOR IN CHARGE
REGIONAL AYURVEDA RESEARCH INSTITUTE, POOJAPPURA,
THIRUVANANTHAPURAM, PIN - 685014
0 THE RESEARCH OFFICER IN CHARGE
REGIONAL AYURVEDA RESEARCH INSTITUTE, CHAKKARGAON
P.O., OPPOSITE MUNICIPAL COMPLEX, NEAR GANESH
TEMPLE, CHAKKARGAON, PORT BLAIR, SOUTH ANDAMAN,
PIN - 744112
BY ADV O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF
INDIA
OTHER PRESENT:
SRI T V VINU CGC
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON
31.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(CAT)No.137 of 2025
4
2026:KER:8304
SUSHRUT ARVIND DHARMADHIKARI
&
P.V. BALAKRISHNAN, JJ.
..........................................
OP(CAT)No. 137 of 2025
...............................................................
Dated this the 31st day of January, 2026
JUDGMENT
Sushrut Arvind Dharmadhikari, J.
The learned counsel for the petitioners submit that the petitioners do not want to press the relief with regard to House Rent Allowance. So far as recovery is concerned, the learned tribunal in paragraph No.36 has categorically held that recoveries have to be effected based on the parameters laid down by the Hon'ble Supreme Court in State of Punjab v. Rafiq Masih (White Washer) [(2015) 4 SCC 334], and the O.M., issued by the Department of Personnel and Training, after examining the case of all the petitioners individually and taking a decision appropriately.
2. During the pendency of this OP(CAT), the respondents have complied with this order and has issued orders, which are produced along with I.A.No.1 of 2026, an application for taking documents on record. In these orders, it is clearly stated that they have been issued as per the directions contained in the Tribunal's order dated 23.06.2025 in O.A.No.304 of 2024.
OP(CAT)No.137 of 2025 52026:KER:8304
3. The learned counsel for the petitioners submitted that these orders of recovery needs to be stayed.
4. Per contra, the learned counsel appearing for the Union of India raised an objection that the orders of recovery cannot be stayed, since they are not under challenge in the present OP. He also stated that, the petitioners would be at liberty to assail those orders before the appropriate forum in accordance with law, since it gives them a fresh cause of action.
5. We find force in the submissions made by the learned counsel for the Union of India. As stated earlier, the respondents have complied with the order passed in O.A.Nos.304 of 2024 and 338 of 2024, by passing Exts.P3, P4 and P5 orders which have been produced along with I.A.No.1 of 2026, by the petitioners. If so, we are of the view that it gives a fresh cause of action to the petitioners and their remedy is to challenge them in appropriate proceedings. Since, nothing survives for consideration in this O.P., the same is accordingly dismissed, with liberty to the petitioners to challenge the orders of recovery as per law.
Sd/-
SUSHRUT ARVIND DHARMADHIKARI, JUDGE Sd/-
P.V. BALAKRISHNAN, JUDGE Dxy OP(CAT)No.137 of 2025 6 2026:KER:8304 APPENDIX OF OP (CAT) NO. 137 OF 2025 PETITIONER ANNEXURES ANNEXURE A1 THE TRUE COPY OF THE PROCEEDINGS DATED LL/LO/2O23 BEARING F.NO.7- 16 I 2OLL-L2 I CCRAS/I AL HQ I 4707 ISSUED BY THE ADMINISTRATIVE OFFICER (ACCOUNTS) OF THE OFFICE OF THE SECOND RESPONDENT ANNEXURE A2 THE TRUE COPY OF THE COMMUNICATION DATED 9L LO 12023 BEARING F.NO.LL9OL2L2L2O23- AS ISSUED BY THE UNDER SECRETARY TO THE GOVERNMENT OF INDIA ANNEXURE A5 THE TRUE COPY OF THE COMMUNICATION DATED 18 / 5 /2024 BEARING F.NO.6/ I /2023 /NARIP/ACCTS/ AUDIT/VOL.I/338 ISSUED BY THE FIFTH RESPONDENT TO THE EIGHTH RESPONDENT ANNEXURE A6 THE TRUE COPY OF THE COMMUNICATION DATED 17 / 5 /2024 BEARING F.NO.6/ 1/2023/NARIP/ACCTS. / AUDIT/VOL.I/324-3 ISSUED BY THE FIFTH RESPONDENT TO THE 9TH RESPONDENT ANNEXURE A7 THE TRUE COPY OF THE COMMUNICATION DATED 17 /5/2024 BEARING F. NO.6/ 1/2023/NARIP/ACCTS./AUDIT/VOL.I/324-1 ISSUED BY THE FIFTH RESPONDENT TO THE TENTH RESPONDENT ANNEXURE A7(A) THE TRUE COPY OF THE OFFICE ORDER BEARING NO.45/ 2024-2025 DATED 18/06/2024 ISSUED BY THE TENTH RESPONDENT TO THE THIRD APPLICANT ANNEXURE A3 THE TRUE COPY OF THE RELEVANT PORTION OF THE AUDIT REPORT FORWARDED TO THE FOURTH RESPONDENT BY THE SIXTH RESPONDENT ALONG WITH THE COVERING LETTER DATED 21.07.2023 BEARING NO.CE/1/7- 33/NARIP/23-24/69 ANNEXURE A4 TRUE COPY OF THE CIRCULAR DATED 13.05.2024 BEARING F.NO.16/1/2022 ISSUED BY THE 5TH RESPONDENT ANNEXURE A8 THE TRUE COPY OF THE COMMUNICATION DATED 03.11.2023 ISSUED BY THE 5TH RESPONDENT TO THE 2ND RESPONDENT ANNEXURE A9 THE TRUE COPY OF THE COMMUNICATION DATED 08.04.2023 ISSUED BY THE SENIOR SUPERINTENDENT OF POST OFFICES, THRISSUR OP(CAT)No.137 of 2025 7 2026:KER:8304 DIVISION ANNEXURE A10 THE TRUE COPY OF THE COMMUNICATION DATED 03.08.2023 ISSUED BY THE SENIOR SUPERINTENDENT OF POST OFFICES, THRISSUR ANNEXURE A11 THE TRUE COPY OF THE COMMUNICATION DATED 30.11.2023 BEARING NO.PN/ADM/RTI- 83/2023/423 ISSUED BY THE REGISTRAR AND CHIEF PUBLIC INFORMATION OFFICER AT THE OFFICER OF CENTRE FOR MATERIALS FOR ELECTRONICS AND TECHNOLOGY, THRISSUR ANNEXURE A12 THE TRUE COPY OF THE REPLY DATED 23.01.2024 ISSUED BY THE KENDRIYA VIDYALAYA SANGATHAN, REGIONAL OFFICE, ERNAKULAM ANNEXURE A13 THE TRUE COPY OF THE PROCEEDINGS DATED 12/11/2018 BEARING NO.9-27 /2018-CD (CENSUS) ISSUED BY THE DEPUTY DIRECTOR GENERAL, OFFICE OF THE REGISTRAR GENERAL INDIA, MINISTRY OF HOME AFFAIRS ANNEXURE A14 THE TRUE COPY OF THE NOTIFICATION BEARING NO.GO(MS)NO.226 /2021/LSGD DATED 6 / 10 /2O21 ISSUED BY THE LOCAL SELF GOVERNMENT(RD) INSTITUTIONS DEPARTMENT OF THE GOVERNMENT OF KERALA ANNEXURE A15 THE TRUE COPY OF THE OFFICE MEMORANDUM BEARING NO.2/5/2014-E.II(B) DATED 21/7/2015 ISSUED BY THE MINISTRY OF FINANCE, DEPARTMENT OF EXPENDITURE, GOVERNMENT OF INDIA ANNEXURE A16 THE TRUE COPY OF THE OFFICE ORDER DATED 07/07/2017 BEARING NO.2/5/2O17-E.II(B) ISSUED BY THE MINISTRY OF FINANCE, DEPARTMENT OF EXPENDITURE, GOVERNMENT OF INDIA ANNEXURE A17 THE TRUE COPY OF THE REPRESENTATION DATED 07/06/2024 SUBMITTED BY THE FIRST APPLICANT THROUGH PROPER CHANNEL WITH ENGLISH TRANSLATION ANNEXURE A18 THE TRUE COPY OF THE REPRESENTATION DATED 07/6 /2024 SUBMITTED BY THE SECOND APPLICANT THROUGH PROPER CHANNEL ANNEXURE A19 THE TRUE COPY OF THE REPRESENTATION DATED 4/6 /2024 SUBMITTED BY THE THIRD APPLICANT THROUGH PROPER CHANNEL ANNEXURE A20 THE TRUE COPY OF THE INTERIM ORDER DATED 29 /5 /2024 PASSED BY THIS HONOURABLE TRIBUNAL IN O.A.NO.304 /2024 OP(CAT)No.137 of 2025 8 2026:KER:8304 ANNEXURE A21 THE TRUE COPY OF THE OFFICE MEMORANDUM DATED 2/3/2016 BEARING F.NO.18/03/2015- ESST.(PAY-1) ISSUED BY THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS, GOVERNMENT OF INDIA ANNEXURE A22 THE TRUE COPY OF THE PROCEEDINGS DATED 19/3/2024 BEARING F.NO.L-19012/2/2023-AS ISSUED BY THE UNDER SECRETARY TO GOVERNMENT OF INDIA TO THE SEVENTH RESPONDENT ANNEXURE A23 THE TRUE COPY OF THE RELEVANT PORTION OF THE ANNUAL REPORT PREPARED BY THE MINISTRY OF URBAN DEVELOPMENT ANNEXURE A24 THE TRUE COPY OF THE COMMUNICATION DATED 17/12/2023 ISSUED BY THE FOURTH RESPONDENT TO THE SEVENTH RESPONDENT ANNEXURE R1 TRUE COPY OF THE RULE 62 OF THE CENTRAL GOVERNMENT ACCOUNT THE (RECEIPTS AND PAYMENTS) RULES, 1983 ANNEXURE R6(A) A TRUE COPY OF THE AUDIT OBJECTION DATED 21.07.2023 ANNEXURE R6(B) A TRUE COPY OF THE LETTER NO. DDU-
10/2016 DATED 04.09.2023 ISSUED BY THE DIRECTORATE OF CENSUS OPERATIONS, THIRUVANANTHAPURAM ANNEXURE R6(C) A TRUE COPY OF THE RELEVANT PAGES OF PARAGRAPH NO. 46 OF THE BYE LAW OF CENTRAL COUNCIL FOR RESEARCH IN AYURVEDIC (CCRAS) EXHIBIT P1 THE TRUE COPY OF THE ORIGINAL APPLICATION ALONG WITH THE APPENDED DOCUMENTS IN O.A.(EKM)NO.338/2024 ON THE FILES OF THE CENTRAL ADMINISTRATIVE TRIBUNAL (ERNAKULAM BENCH) EXHIBIT P1(A) THE REPLY STATEMENT FILED BY THE RESPONDENTS 1 TO 5 AND 9 TO 10 DATED 21/11/2024 IN O.A. NO. 338/2024 ON THE FILES OF THE CENTRAL ADMINISTRATIVE TRIBUNAL (ERNAKULAM BENCH) EXHIBIT P1(B) THE REPLY STATEMENT FILED BY THE RESPONDENTS 6 AND 7 DATED 19/8/2024 IN O.A. NO. 338/2024 ON THE FILES OF THE CENTRAL ADMINISTRATIVE TRIBUNAL (ERNAKULAM BENCH) EXHIBIT P1(C) THE REJOINDER FILED BY THE PETITIONERS DATED 2/3/2025 TO THE REPLY STATEMENT FILED BY THE RESPONDENTS 1 TO 5 AND 9 TO OP(CAT)No.137 of 2025 9 2026:KER:8304 10 IN O.A. NO. 338/2024 ON THE FILES OF THE CENTRAL ADMINISTRATIVE TRIBUNAL (ERNAKULAM BENCH) EXHIBIT P2 THE TRUE COPY OF THE COMMON ORDER DATED 23.06.2025 IN O.A.NO.338/2024 ON THE FILES OF THE CENTRAL ADMINISTRATIVE TRIBUNAL (ERNAKULAM BENCH) EXHIBIT P3 TRUE COPY OF THE RECOVERY NOTICE DATED 21/1/2026 ISSUED TO THE 1ST APPLICANT EXHIBIT P4 THE TRUE COPY OF RECOVERY NOTICE DATED 21/1/2026 ISSUED TO THE 2ND APPLICANT EXHIBIT P5 THE TRUE COPY OF RECOVERY NOTICE DATED 21/1/2026 TO THE 3RD APPLICANT