Kerala High Court
M.S. Gopalakrishnan vs Union Of India on 12 October, 2011
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HON'BLE THE CHIEF JUSTICE MRS. MANJULA CHELLUR
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
THURSDAY, THE 1ST DAY OF NOVEMBER 2012/10TH KARTHIKA 1934
OP (CAT).No. 1821 of 2012 (Z)
----------------------------------
OA.954/2010 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER(S):
----------------
1. M.S. GOPALAKRISHNAN
S/O.M.K.SUBRAMANIAN, AGED 61, A/C.NO:8303864
MANISREE, KIHAKKEANGADI, MALA
TRISSUR.
2. A.R.RAJALAKSHMY NAIR, D/O.P.R.PANIKAR,
AGED 59, A/C.NO:8310779, RESIDING AT ACKLAMON
PUTHANPURACKAL, PERINGARA PO, THIRUVALLA
KERALA-689108.
3. S.VASUDEVAN NAMPOORI,
S/O.E.M.SANKARAN NAMBOOTHIRI
A/C.NO.8308382 RESIDING AT POURNAMI
ELAPPILLY MANA, U.C.COLLEGE PO ALUVA-2.
4. T.P.SHYAMALAN, S/O.LATE K.NARAYANAN NAMBIAR,
A/C.NO.8306823 RESIDING AT AHIRWARD
PANNIYANOOR PO CHOKLI, TELLICHERY, KERALA 670679.
5. K.V. RAJAN, S/O.LATE K.VELU,
A/C.NO:8270261, KUNDIL HOUSE, EZHAKKADA PO
PALAKKAD
6. P.RAVINDRANATHAN
S/O.LATE PARAMESWARAN THAMPI
RESIDING AT VRINDAVAM A/C.NO:8305977, VP-XI-1062
PULARI NAGAR, KODUNGANOOR PO, TRIVANDRUM 695013.
7. PURUSHOTHAMAN NAIR K.N.,
S/O.LATE NARAYANA PILLAI, KAVUNKAL HOUSE
EDAYARANMULA PO, A/C.NO:8304777, PATHANAMTHITTA.
8. K.K.JACOB, S/O.K.P.KURIAKOSE
A/C.NO.8308185, KARIPRA AIMURY PO
VIA.KOOVAPPADY PERUMBAVOOR, ERNAKULAM.
OP (CAT).No. 1821 of 2012 (Z)
9. P.K.SASIDHARAN PILLAI,
S/O.LATE E.K.PANICKER, AGED 60
RESIDING AT SANGHAMITHRA, KOODANAPPARAMPU ROAD
AIMS - PONEKKARA PO, KOCHI-682041, A/C.NO.8308710.
10. M.M.SHOUKATH ALI, S/O.P.MOHAMMED HANEEFA,
THOUFEEQ, PAYIKUZHI WARD, OCHIRA PO
KOLLAM DISTRICT A/C.NO.8310659.
11. BABU SURESH, S/O.BHASKARAN NAIR,
A/C.NO.8308708, PONGAPPALLIL, KUMARAKOM PO
KOTTAYAM
12. C.RADHAKRISHNAN,
S/O.LATE A.K.CHINNAN MENON
RESIDING AT MEENAKSHI AMRITHA NAGAR, PUTHUR
PALAKKAD, A/C.NO.8297360.
13. M.VIJAYAKUMARAN NAIR,
S/O.P.G.VELAPPAN NAIR
RESIDING AT TAO GEE/M KATARIBAGH, NAVAL BASE, KOCHI
A/C.NO:8318357.
14. N.J.THOMAS, S/O.LATE N.T.JOSEPH
A/C.NO:8306367
NADUVILEPARAMBIL HOUSE KOOTHRAPPALLY PO
KARUKACHAL, KOTTAYAM, KERALA-686540.
15. SMT.M.O. VAIDIAN, D/O.K.GEORGE KOCHUKUNJU,
RESIDING AT THOPPIL GRACE BHAVAN, KAIPUZHA
KULANADA PO, PIN-689503, PATHANAMTHITTA DIST.
A/C.NO.8305631.
16. V.S.PILLAI, S/O.LATE S.VELAYUDHAN PILLAI,
A/C.NO:8318007, MARANGATTU HOUSE
CLAPPANA VARAVILA PO, KOLLAM DISTRICT, PIN;690528.
17. N.V.PILLAI, S/O.LATE K.NARAYANA PILLAI,
A/C.NO:8303377, KARTHIKA, CHERUVARANAM
VARANAM PO, CHERTHALAI, PIN-688555.
18. P.T.THOMAS, S/O.LATE P.THOMAS,
A/C.NO:8319432
RESIDING AT VALIYAVILAMEKU PUTHENVEEDU, PULAMON PO
KOTTARAKARA 691 531.
19. A.RAVINDRAN NAIR, S/O.LATE ACHUTHAN NAIR,
A/C.NO.8303866, RESIDING AT KOTTARAM
ARAYALLOOR THIRUMALA, THIRUVANANTHAPURAM
PIN-695 006.
OP (CAT).No. 1821 of 2012 (Z)
20. G. SIVADASAN PILLAI, S/O.GOPALA PILLAI,
A/C.NO.8305766, RESIDING AT SREE SAILAM
ABRA 265-A TC 19/2109(I), ANNOOR, THIRUMALA PO
TRIVANDRUM-06.
21. T.N.CHANDRAN PILLAI, S/O.LATE NARAYANA KURUP,
AER 400, ARAYALLOOR, THIRUMALA PO
TRIVANDRUM, A/C.NO.8312758.
22. S.MOHANKUMAR, S/O.LATE N.SANKARA PILLAI,
S.AO, OFFICE OF THE DPDO, A/C.NO.8317663
DAD OFFICE COMPLEX, THIRUMALA
THIRUVANANTHAPURAM 695006.
23. S.KARTHIKEYAN, S/O.LATE G.SANKU,
A/C.NO.8307223
ASST. CONTROLLER OF DEFENCE ACCOUNTS (NAVY), KOCHI
A/C.NO.8303407.
24. P.R.CHANDRA SEKHARAN NAIR,
S/O.P.R.RAMAKRISHNA PILLAI, VAISHAK PANDANAD PO
CHENGANNUR, PIN-689506, A/C.NO.8303407.
25. A.NARAYANAN, S/O.LATE A.KUNKER
A/C.NO.8317059, RESIDING AT NARAYANA NIVAS
CHILLIVAYAL, MEMUNDA PO, VATAKARA
KOZHIKODE DIST. KERALA, PIN 673104.
26. T.C.JACOB, S/O.LATE T.V.CHACKO,
A/C.NO.8304425, DILKUSH BHAVAN, PUTHIYA ROAD
EROOR SOUTH PO, TRIPUNITHURA, PIN-682306.
27. S.RAJENDRA BABU, S/O.N.VASUDEVAN,
A/C.NO.8315053, MIG 199, GARDEN STREET
GANDHI NAGAR, KADAVANTHARA PO, KOCHI-20.
28. P.GEEVARGHESE, S/O.PAPPY,
A/C.NO:8300955, MEDAYIL PUTHENPURAYIL
SUJA BHAVAN NEDUMAN PO, ADOOR, PATHANAMATHITTA.
29. SUKUMARAN NAIR
A/C.NO.8303792, S/O.K.KESAVA PILLAI
ARAPPURAYAM VEEDU, THIRUVARAMBU PO
KANYAKUMARI DIST.
30. R.K.SASIKUMAR, S/O.V.RAMAN UNNITHAN,
MALATHI SADANAM, KARIMPAALOOR
PUTHENKULAM SOUTH PARAVUR, KOLLAM, A/C.NO.8308186.
BY ADVS.SRI.BABU CHERUKARA
SMT.ROSAMMA MATHEW
SRI.P.A.SALIM
SRI.R.THULASEEDHARAN PILLAI
OP (CAT).No. 1821 of 2012 (Z)
RESPONDENT(S):
-------------------
1. UNION OF INDIA,
REPRESENTED BY SECRETARY
MINISTRY OF DEFENCE (FINANCE), SOUTH BLOCK
NEW DELHI-11, UDYOG BHAVAN PO., PIN 110 011.
2. THE PRINCIPAL FINANCE & CONTROLLER OF ACCOUNTS(FACTORIES)
IOA SHAHID KHUDIRAM BOSE ROAD,KALKATTA-1. G.P.O
PIN 700 001.
3. CONTROLLER OF DEFENCE ACCOUNTS (R&D),
ADMINISTRATIVE SECTION, HYDERABAD, BADENGPET PO
500058.
4. PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS,
AGRAMPOST, BANGALORE, AGRAM POST PO
PIN-560 007.
5. PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS (NAVY),
NO.1 COOPERAGE ROAD, MUMBAI- COLABA PO
PIN 400 005.
6. CONTROLLER OF DEFENCE ACCOUNTS,
CHENNAI, TEYNAMPET, CHENNAI
TEYNAMPET PO, PIN 600 018.
7. CONTROLLER GENERAL OF DEFENCE ACCOUNTS,
ULAN BATHR ROAD, PALAM, DELHI CNTT PO
PIN.110010.
8. L.NARAHARI,
S/O.LATE LAXMI NARAIN JOIS, NO.26, II MAIN
BSK III STAGE III, PHASE I BLOCK
BANGALAORE-560085 (RETIRED FROM SERVICE)
BSK STAGE III PO.
9. PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS(AF),
107, TAJPUR ROAD, DEHRADUN
PIN.248 001. DEHRADUN PO
R1 TO 7,R9 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 01-11-2012, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (CAT).No. 1821 of 2012 (Z)
APPENDIX
PETITIONER(S) EXHIBITS
EXHIBIT-P1 - TRUE COPY OF THE ORDER IN O.A.NO.954 OF 2010 DATED
12.10.2011 OF THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL,
ERNAKULAM.
EXHIBIT-P2 - TRUE COPY OF THE ORDER IN O.A.NO.260/2002 OF THE HON'BLE
CENTRAL ADMINISTRATIVE TRIBUNAL, MADRAS BENCH.
EXHIBIT-P3 - TRUE COPY OF THE ORDER IN WP.NO.20774 OF 2003 OF THE MADRAS
HIGH COURT.
EXHIBIT-P4 - TRUE COPY OF THE ORDER IN SPECIAL LEAVE APPEAL(CIVIL) CC
14167/09 DATED 1.10.2009 OF THE HON'BLE SUPREME COURT OF
INDIA.
EXHIBIT-P5 - TRUE COPY OF THE ORDER IN W.P.(C)NO.5523/2001 OF KARNATAKA
HIGH COURT DATED 2.12.2004.
EXHIBIT-P6 - TRUE COPY OF THE DISMISSAL ORDER PASSED BY THE HON'BLE
SUPREME COURT OF INDIA IN SPECIAL LEAVE TO APPEAL (C)NO.(S)
24157-24159/2005 DATED 12-3-2008.
EXHIBIT-P7 - TRUE COPY OF THE ORIGINAL APPLICATION NO.954/2010 OF THE
HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH
DATED 26-10-2010.
ANNEXURE-A1 - TRUE COPY OF THE JUDGMENT DATED 13-11-2002 OF THE
HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL MADRAS BENCH.
ANNEXURE-A2 - TRUE COPY OF THE JUDGMENT DATED 27-11-2008 OF THE
HON'BLE MADRAS HIGH COURT.
ANNEXURE-A3 - TRUE COPY OF THE ORDER IN SPECIAL LEAVE APPEAL (CIVIL) CC
NO.14167/09 OF THE HON'BLE SUPREME COURT OF INDIA DATED
1.10.2009
ANNEXURE-A4(1) - TRUE COPY OF THE REPRESENTATION PREFERRED BY THE
APPLICANT NO.1.
ANNEXURE-A4(2)(A) AND ANNEXURE-A4(2)(B) - TRUE COPY OF THE
REPRESENTATION PREFERRED BY THE APPLICANT NO.3.
ANNEXURE-A4(3) - TRUE COPY OF THE REPRESENTATION PREFERRED BY THE
APPLICANT NO.4.
ANNEXURE-A4(4) - TRUE COPY OF THE REPRESENTATION PREFERRED BY THE
APPLICANT NO.5.
OP (CAT).No. 1821 of 2012 (Z)
ANNEXURE-A4(5) - TRUE COPY OF THE REPRESENTATION PREFERRED BY THE
APPLICANT NO.6
ANNEXURE-A4(6) - TRUE COPY OF THE REPRESENTATION PREFERRED BY THE
APPLICANT NO.9.
ANNEXURE-A4(7) - TRUE COPY OF THE REPRESENTATION PREFERRED BY THE
APPLICANT NO.10
ANNEXURE-A4(8) - TRUE COPY OF THE REPRESENTATION PREFERRED BY THE
APPLICANT NO.14.
ANNEXURE-A4(9) - TRUE COPY OF THE REPRESENTATION PREFERRED BY THE
APPLICANT NO.18.
ANNEXURE-A4(10) - TRUE COPY OF THE REPRESENTATION PREFERRED BY THE
APPLICANT NO.19.
ANNEXURE-A4(11) - TRUE COPY OF THE REPRESENTATION PREFERRED BY THE
APPLICANT NO.20.
ANNEXURE-A4(12) - TRUE COPY OF THE REPRESENTATION PREFERRED BY THE
APPLICANT NO.21.
ANNEXURE-A4(13) - TRUE COPY OF THE REPRESENTATION PREFERRED BY THE
APPLICANT NO.22.
ANNEXURE-A4(14) - TRUE COPY OF THE REPRESENTATION PREFERRED BY THE
APPLICANT NO.23
ANNEXURE-A5(1) - TRUE COPY OF THE REPLY SENT TO THE APPLICANT NO.1.
ANNEXURE-A5(2) - TRUE COPY OF THE REPLY SENT TO THE APPLICAN NO.5.
ANNEXURE-A6 - TRUE COPY OF THE JUDGMENT IN WRIT PETITION NO.5523/2001
(S-CAT) AND W.PS 624-41/2001.
RESPONDENTS' EXHIBITS NIL
/TRUE COPY/
P.A.TO JUDGE
MANJULA CHELLUR (CJ)
&
A.M.SHAFFIQUE, J.
= = = = = = = = = = = = = = = =
O.P.(CAT) No.1821 of 2012
= = = = = = = = = = = = = = = = = = = = =
Dated this the 1st day of November, 2012
JUDGMENT
Manjula Chellur,CJ Heard learned counsel for the petitioners and also Mr.Parameswaran Nair, learned Assistant Solicitor General.
2. We have gone through the orders of the Central Administrative Tribunal in O.A.No.954 of 2010. All these petitioners approached CAT seeking stepping up of their pay on par with 8th respondent who was much junior to the petitioners in his grade while he was paid a higher salary than the petitioners. Central Administrative Tribunal, after referring to benefits given to several employees by Bangalore and Chennai Benches, ultimately opined that the petitioners are also entitled for such stepping up of the pay. However, while awarding arrears, the monetary benefits were limited to a period of three years prior to the date of filing of Original Application. Aggrieved by the same, the present petition is filed.
O.P.(CAT) No.1821 of 2012 2
3. According to the petitioners, there is no justification for barring the payment of monetary benefits for a period of three years prior to the date of filing of application. Learned counsel appearing for the petitioners also referred to 5th Central Pay Commission's recommendation to the Central Government that whenever a specific case, either in the court or a decision by the Government, comes out, it should be uniformly applicable to identical cases. Therefore there was no reason why Tribunal restricts the claim of the petitioners, as there was no mandate that these petitioners should have stepping up of pay only if they approached the Tribunal. It is not in dispute that by virtue of Annexure A1 judgment as early as on 13.11.2002, stepping up of pay was granted to similarly situated persons. As a matter of fact learned Judge reproduced penultimate paragraph of Annexure A1, indicating how stepping up of pay has to be granted to the petitioners. As a matter of fact the 8th respondent herein was the 7th respondent in the judgment at Annexure A1. The basis for the present claim is judgment at Annexure A1. According to the petitioners, they were not aware of Annexure A1 judgment, as it was between the petitioners therein and the department. This cannot be accepted for the simple reason that as the petitioners O.P.(CAT) No.1821 of 2012 3 are claiming benefit only by virtue of disposal of matter by Apex Court in SLP as against the judgment at Annexure A1.
Having regard to the details brought in before the Tribunal with regard to the benefit extended both at Bangalore and Chennai Benches, one cannot accept the statement of the petitioners that they were not at all aware of such judgment in the year 2002. The Tribunal was justified in saying, there has to be re-fixation of pay of the petitioners on par with that of 8th respondent who was also the respondent at Annexure A1. Having regard to the fact that petitioners never raised their little finger in spite of having the knowledge that their junior was paid higher salary than that of the petitioners till 2009, we are of the opinion, Tribunal was justified in restricting the arrears for a period of 3 years prior to the date of filing Original Application. We do not find any good ground to interfere with the orders of the Tribunal. Accordingly the petition is dismissed.
MANJULA CHELLUR, CHIEF JUSTICE A.M.SHAFFIQUE, JUDGE.
sj1/11