Union Of India vs N.Mohan Kumar on 29 January, 2025

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Kerala High Court

Union Of India vs N.Mohan Kumar on 29 January, 2025

Bench: Amit Rawal

OP (CAT) NO. 174 OF 2019           1

                                                   2025:KER:10664
             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

               THE HONOURABLE MR. JUSTICE AMIT RAWAL

                                   &

             THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR

   WEDNESDAY, THE 29TH DAY OF JANUARY 2025 / 9TH MAGHA, 1946

                     OP (CAT) NO. 174 OF 2019

        AGAINST THE ORDER DATED 09.10.2018 IN OA NO.331 OF 2017

OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH

PETITIONERS/RESPONDENTS IN OA:

    1       UNION OF INDIA
            REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF
            INDIA, MINISTRY OF INFORMATION AND BROADCASTING, NEW
            DELHI-110 001.

    2       THE DIRECTOR GENERAL,
            ALL INDIA RADIO, PRASAR BHARATI CORPORATION, NEW
            DELHI-110 001

    3       THE DIRECTOR GENERAL,
            DOORDARSHAN KENDRA, PRASAR BHARATI CORPORATION, NEW
            DELHI-110 001

    4       THE DEPUTY DIRECTOR GENERAL,
            DOORDARSHAN KENDRA, KUDAPPANAKUNNU,
            THIRUVANANTHAPURAM-695 043.

    5       THE PAY AND ACCOUNTS OFFICER.
            (DOORDARSHAN), CHENNAI-600 005.


            BY ADV P.VIJAYAKUMAR
 OP (CAT) NO. 174 OF 2019        2

                                                 2025:KER:10664



RESPONDENTS/APPLICANT IN OA:

          N.MOHAN KUMAR
          RETIRED ASSISTANT, DOORDARSHAN KENDRA,
          KUDAPPANAKUNNU P.O, THIRUVANANTHAPURAM-695 043,
          RESIDING AT VAISHNAVAM, CHRIST NAGAR, VAZHAYILA,
          KARAKULAM P.O, THIRUVANANTHAPURAM-695 564


          BY ADV SRI.S.VISHNU


OTHER PRESENT:

          SRI T C KRISHNA DSGI IN CHARGE


     THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 29.01.2025, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP (CAT) NO. 174 OF 2019           3

                                                          2025:KER:10664
                             JUDGMENT

Amit Rawal, J.

The issue involved in this case has already been decided by this Court vide judgment in OP(CAT) No.150 of 2019.

Accordingly, this petition is also dismissed in the same terms.

Sd/-

AMIT RAWAL JUDGE Sd/-

sab                                       K. V. JAYAKUMAR
                                                JUDGE
 OP (CAT) NO. 174 OF 2019         4

                                                   2025:KER:10664

APPENDIX OF OP (CAT) 174/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF OA NO. 180/00331/2017 FILED BY THE PETITIONER DATED 20.04.2017.

EXHIBIT P1(A2) TRUE COPY OF THE COMMUNICATION NO. 63(18) 2011-12/AC-1/DKT/6109 DATED 02.12.2014 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P1(A7) TRUE COPY OF THE ORDER NO. A-

45016/27/2016-S-11/1960-1961 DATED 09.09.2016 11 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P1(A10) TRUE COPY OF THE COMMUNICATION NO. A-

45016/27/2016-S-11/260 DATED 10.03.2017 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P1 (A1) TRUE COPY OF THE AUTHORITY FOR GRATUITY VIDE PPO BO. 286601401017 DATED 18.11.2017 ISSUED BY PAO CHENNAI.

EXHIBIT P1(A3) TRUE COPY OF THE REPRESENTATION 19.02.2015 SUBMITTED TO THE 4TH RESPONDENT BY THE APPLICANT.

EXHIBIT P1(A4) TRUE COPY OF THE REPRESENTATION DATED 16.04.2015 SUBMITTED TO THE 1ST RESPONDENT BY THE APPLICANT.

EXHIBIT P1A4(A) TRUE COPY OF THE REPRESENTATION DATED 16.04.2015 SUBMITTED TO THE 3RD RESPONDENT BY THE APPLICANT.

EXHIBIT P1(A5) TRUE COPY OF THE REPRESENTATION DATED 16.06.2015 SUBMITTED BY THE APPLICANT TO CEO, PRASAR BHARATHI.

EXHIBIT P1(A6) TRUE COPY OF THE COMMUNICATION NO. 27(11) 2014/A-1/DKT/52 DATED 15.07.2016 ISSUED BY THE 4TH RESPONDENT.

OP (CAT) NO. 174 OF 2019 5

2025:KER:10664 EXHIBIT P1(A8) TRUE COPY OF THE O.M. NO. F.NO. 18/03/2015

-ESTT(PAY-1) DATED 02.03.2016 ISSUED BY THE DOPT.

EXHIBIT P1(A9) TRUE COPY OF THE COMMUNICATION NO.

29.4.2012-S11(A) 1062-1063 DATED 19.10.2016 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE PETITIONER IN OA NO. 180/00331/2017 DATED 28.11.2017.

EXHIBIT P2(A1) TRUE COPY OF THE PB SECRETARIAT COMMUNICATION NO. ADG(B&A)/PB. 7(9)/2012- FIN (VOL-11)693 DATED 10.06.2013.

EXHIBIT P2(A2) TRUE COPY OF THE HON'BLE CAT PATNA BENCH ORDER DATED 09.09.2016 IN OA NO. 24 OF 2016.

EXHIBIT P2(A3) TRUE COPY OF THE HON'BLE CAT PRINCIPAL BENCH ORDER DATED 01.06.2016.

EXHIBIT P2(A4) TRUE COPY OF THE HON'BLE CAT BANGALORE BENCH ORDER DATED 16.06.2017 IN OA NO. 180/00813/2016 EXHIBIT P2(A5) TRUE COPY OF THE MINISTRY OF LAW AND JUSTICE, DEPARTMENT OF LEGAL AFFAIRS, BRANCH SECRETARIAT, KOLKATTA UO NO. 108/17 DATED 06.02.2017.

EXHIBIT P3 TRUE COPY OF THE MISCELLANEOUS APPLICATION DATED 29.10.2017 FILED BY THE APPLICANT FOR PRODUCTION OF DOCUMENTS.

EXHIBIT P3(A11) TRUE COPY OF THE COMMUNICATION NO.

515/042014-BA (E) DATED 17.02.2015 ISSUED BY THE MINISTRY OF INFORMATION AND BROADCASTING.

EXHIBIT P3(A12) TRUE COPY OF THE ORDER DATED 23.01.2017 IN OA NO. 927/2016 OF THE CAT, BANGALORE BENCH.

OP (CAT) NO. 174 OF 2019 6

2025:KER:10664 EXHIBIT P4 TRUE COPY OF THE ADDITIONAL REPLY STATEMENT FILED BY THE RESPONDENTS DATED NIL. 05.2018.

EXHIBIT P4(A) TRUE COPY OF THE HON'BLE SUPREME COURT ORDER DATED 29.07.2016 CIVIL APPEAL NO. 3500 OF 2016.

EXHIBIT P5 TRUE COPY OF THE ORDER IN OA NO.

180/00331/2017 DATED 09.10.2018 ISSUED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH

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