High Court of KeralaOP (CAT)/58/2015disposed of

J. Leelamma v. Union Of India

2015-06-02Honourable Mr.Justice P.R.Ramachandra Menon,Honourable Mr. Justice Babu Mathew P.Joseph19 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON & THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937 --------------------------- IN O.A 1103/2011 of CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH PETITIONER(S):

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1. J. LEELAMMA, AGED 62 YEARS, D/O.SRI.DAMODARAN PILLAI, RETIRED ASSISTANT ACCOUNTS OFFICER, LA CELL(HBA), OFFICE OF THE PRINCIPAL ACCCOUNTANT GENERAL(A&E), KERALA, THIRUVANANTHAPURAM, RESIDING AT T.C.20/1601, E64, SASTRI NAGAR, KARAMANA, THIRUVANANTHAPURAM.

P.RAMAKRISHNAN, AGED 56 YEARS, S/O.LATE P.MADHAVAN NAIR, ASSISTANT ACCOUNTS OFFICER, PF 10, OFFICE OF THE PRINCIPAL ACCCOUNTANT GENERAL(A&E), KERALA, THIRUVANANTHAPURAM AT THE THRISSUR BRANCH-680 020, RESIDING AT TMC 11833, NANDANAM, 9TH A CROSS, UDAYA NAGAR, AYYANTHOLE P.O., THRISSUR-680 003. 3.

N.P.BHASKARAN, AGED 54 YEARS, S/O.N.P.SANKUNNI, ASSISTANT ACCOUNTS OFFICER, PF 25, OFFICE OF THE PRINCIPAL ACCCOUNTANT GENERAL(A&E), KERALA, THIRUVANANTHAPURAM AT THE THRISSUR BRANCH-680 020, RESIDING AT NADUPARAMBIL HOUSE, KOONATHARA P.O., KAVALAPPARA VIA, PALAKKAD-679 523.

S. GOPALAKRISHNAN, AGED 52 YEARS, S/O.R.SREEDHARAN NAIR, ASSISTANT ACCOUNTS OFFICER, PF 36, OFFICE OF THE PRINCIPAL ACCCOUNTANT GENERAL(A&E), KERALA, THIRUVANANTHAPURAM, RESIDING AT PRAYAG, VP X/990, KODUNGANOOR, TRIVANDRUM-12.

B.SAROJINI AMMA, AGED 62 YEARS, D/O.LATE N.PADMANABHA PILLAI, RETIRED ASSISTANT ACCOUNTS OFFICER, PENSION-4, OFFICE OF THE PRINCIPAL ACCCOUNTANT GENERAL(A&E), KERALA, THIRUVANANTHAPURAM, RESIDING AT TC 29/996 KARTHIKA, PALKULANGARA, PETTAH P.O., TRIVANDRUM-695 024.

P.SIVARAMAKRISHANAN, AGED 58 YEARS, S/O.S.PADMANABHA IYER, ASSISTANT ACCOUNTS OFFICER, CO-ORDINATION, OFFICE OF THE PRINCIPAL ACCCOUNTANT GENERAL(A&E), KERALA, THIRUVANANTHAPURAM, RESIDING AT TC 23/680, VALIACHALAI STREET, THIRUVANANTHAPURAM-695 036. 7.

A.USHAKUMARI, AGED 58 YEARS, D/O.N.VELAYUDHAN NAIR, ASSISTANT ACCOUNTS OFFICER, LA2, OFFICE OF THE PRINCIPAL ACCCOUNTANT GENERAL(A&E), KERALA, THIRUVANANTHAPURAM, RESIDING AT SREEDEVI, KUNDAMONBHAGOM, PEYAD P.O., THIRUVANANTHAPURAM-695 573.

C.C.SEBASTIAN, AGED 57 YEARS, S/O.C.P.CHACKO, ASSISTANT ACCOUNTS OFFICER, OE, OFFICE OF THE PRINCIPAL ACCCOUNTANT GENERAL(A&E), KERALA, THIRUVANANTHAPURAM AT THE THRISSUR BRANCH-680 020, RESIDING AT CHANDY HOUSE, 17/646, DIABETIC CENTRE ROAD, UNITY NAGAR, IRINJALAKUDA, THRISSUR-680 121.

K.N.KRISHNAN POTTY, AGED 55 YEARS, S/O.N.NARAYANARU, ASSISTANT ACCOUNTS OFFICER, PAO I SECTION, KERALA, THIRUVANANTHAPURAM, RESIDING AT TC 50/1044 SKRA I, RAMNAVAMI, THALIYAL, KARAMANA P.O., THIRUVANANTHAPURAM-695 002.

10. P.ANIL KUMAR, AGED 55 YEARS, S/O.LATE P.SANKARA WARRIER, ASSISTANT ACCOUNTANTS OFFICER, EDPPF, OFFICE OF THE PRINCIPAL ACCCOUNTANT GENERAL(A&E) KERALA, THIRUVANANTHAPURAM AT THE KOZHIKODE BRANCH RESIDING AT SOUPARNIKA, NEAR KATCHERIKUNNU L.P.SCHOOL, P.O.POKUNNU, KOZHIKODE-673 013.

11. T.SURESH KUMAR, AGED 52 YEARS, S/O.A.THANUMALAYAN, ASSISTANT ACCOUNTS OFFICER, OE(ADMN), OFFICE OF THE PRINCIPAL ACCCOUNTANT GENERAL(A&E), KERALA, THIRUVANANTHAPURAM, RESIDING AT 33A/18 SOWBHAGYA, SAKTHI GARDEN, V.N.COLONY, IRULLAPPAPURAM, NAGERCOIL-629 002.

12. R.REMADEVI, AGED 51 YEARS, D/O.C.RADHAKRISHNAN NAIR, ASSISTANT ACCOUNTS OFFICER, OE(BILLS), OFFICE OF THE PRINCIPAL ACCCOUNTANT GENERAL(A&E), KERALA, THIRUVANANTHAPURAM, RESIDING AT SHIVAPRIYA VRABTO, VANCHIYOOR, THIRUVANANTHAPURAM.

13.

K.PREMARAJAN, AGED 53 YEARS, S/O.LATE P.KUNHIRAMAN NAMBIAR, ASSISTANT ACCOUNTS OFFICER, PF-19, OFFICE OF THE PRINCIPAL ACCCOUNTANT GENERAL(A&E), KERALA, THIRUVANANTHAPURAM AT THE KOZHIKODE BRANCH, RESIDING AT HARMONY, BREEZE VILLAS, KARAPARAMBU P.O., KOZHIKODE.

14. C.S.BHARATHAN, AGED 56 YEARS, S/O.LATE C.R.SUBRAMA IYER, ASSISTANT ACCOUNTS OFFICER, WAC I SECTION, OFFICE OF THE PRINCIPAL ACCCOUNTANT GENERAL(A&E), KERALA, THIRUVANANTHAPURAM AT THE THRISSUR BRANCH, RESIDING AT FLAT NO.IE, RAMALAYAM PHASE-II, RAMAVARMA LANE, CHITTOOR ROAD, KOCHI.

15. K.L.SHERLY, AGED 55 YEARS. D/O.V.UNNIKRISHNAN NAIR, ASSISTANT ACCOUNTS OFFICER, LEGAL CELL, KERALA, THIRUVANANTHAPURAM, RESIDING AT KAUSTHUBHAM, TC V/930-I, MARUTHANKUZHY, KANJIRAMPARA P.O., THIRUVANANTHAPURAM-695 030.

16. A.NANDAKUMARAN, AGED 52 YEARS, S/O.P.RAMAN NAIR, ASSISTANT ACCOUNTS OFFICER, GE 31, KERALA, THIRUVANANTHAPURAM AT THE THRISSUR BRANCH, RESIDING AT AMBAT HOUSE, POST ARIMBUR, THRISSUR-680 620.

17. S.SASIDHARAN, AGED 52 YEARS, S/O.LATE P.V.SREEDHARA WARRIER, ASSISTANT ACCOUNTS OFFICER, PF 34, KERALA, THIRUVANANTHAPURAM, RESIDING AT MEDHA, II/94-A, RANGNATHANDAJ ROAD, THRISSUR-680 306.

18. V.SEETHARAMAN, AGED 51 YEARS, S/O.S.VAIDYANATHA IYER, ASSISTANT ACCOUNTS OFFICER, GE 15, KERALA, THIRUVANANTHAPURAM, RESIDING AT TC 50/478(4), KALADY, KARAMANA P.O., THIRUVANANTHAPURAM-695 002.

19. A.VENKITACHALAM, AGED 62 YEARS, S/O.LATE K.V.ANANTHANARAYANAN, RETIRED ASSISTANT ACCOUNTS OFFICER, KERALA, THIRUVANANTHAPURAM, RESIDING AT GOKULAM, SRWA-8, SNEHAPURI, KARUMOM P.O., THIRUVANANTHAPURAM.

20. B.SREEKUMARI AMMA, AGED 59 YEARS, D/O.LATE N. PADMANABHA PILLAI, ASSISTANT ACCOUNTS OFFICER, GE-9, KERALA, THIRUVANANTHAPURAM, RESIDING AT TC 28/2657, SABRI, KRA-A-48, THODIYIL LANE, CHETTIKULANGARA, THIRUVANANTHAPURAM-695 001.

21. C.SASIDHARAN NAIR, AGED 57 YEARS, S/O.P.K.CHANDRASEKHARAN NAIR, ASSISTANT ACCOUNTS OFFICER, DEPOSIT, KERALA, THIRUVANANTHAPURAM, RESIDING AT THAYYIL HOUSE, VATTAPPARA, THIRUVANANTHAPURAM-28.

22. R.LATHANATH, AGED 55 YEARS, D/O.LATE N.RAVINDRANATH, ASSISTANT ACCOUNTS OFFICER, PF-43, KERALA, THIRUVANANTHAPURAM, RESIDING AT AANJANEYA, KRA/D-20, ATTARA LANE, KANNAMOOLA, THIRUVANANTHAPURAM.

23. B.SANTHAKUMARI, AGED 60 YEARS, D/O.N.K.RAMAN NAIR, RETIRED ASSISTANT ACCOUNTS OFFICER, PF 46, KERALA, THIRUVANANTHAPURAM AT THE ERNAKULAM BRANCH, RESIDING AT BHARATHY BHAVAN, KARINGAMTHURUTH, KONGORPPILLY P.O., ALUVA, ERNAKULAM.

24. P.NARAYANANKUTTY, AGED 57 YEARS, S/O.LATE KUTTYKRISHNAN NAIR, ASSISTANT ACCOUNTS OFFICER, TREASURY INSPECTION PARTY, OFFICE OF THE PRINCIPAL ACCCOUNTANT GENERAL(A&E) KERALA, THIRUVANANTHAPURAM AT THE THRISSUR BRANCH-680 020, RESIDING AT QUARTER NO.J4, AG'S OFFICE STAFF QUARTERS, PULLAZHY P.O., THRISSUR-680 012.

25. A.SWARNAM, AGED 54 YEARS, D/O.LATE K.K.CHANDU NAMBIAR, ASSISTANT ACCOUNTS OFFICER, PF 30 OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL(A&E) KERALA, THIRUVANANTHAPURAM, RESIDING AT CRA-G21 PRANAVAM, CHARACHIRA, KOWDIAR.P.O.

THIRUVANANTHAPURAM.

26. GEETHADEVI G.S., AGED 54 YEARS, D/O.K.GOPINATHAN PILLAI, ASSISTANT ACCOUNTS OFFICER, GE 13, OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL(A&E) KERALA, THIRUVANANTHAPURAM, RESIDING AT AMPADI VENCODE.P.O., VATTAPPARA, THIRUVANANTHAPURAM.

27. N.JACOB FRANCIS, AGED 54 YEARS, S/O.LATE N.V.FRANCIS, ASSISTANT ACCOUNTS OFFICER, PF-24, KERALA, THIRUVANANTHAPURAM AT THE KOZHIKODE BRANCH, RESIDING AT 31/870 C (16/1008), NELLISSERY, POST MAYANAD, CALICUT-673 008.

28. PRADEEP THOMAS JACOB, AGED 55 YEARS, S/O.LATE M.J.THOMAS, ASSISTANT ACCOUNTS OFFICER, DAE(C)2, KERALA, THIRUVANANTHAPURAM AT THE KOZHIKODE BRANCH, RESIDING AT 4/222, CROWLANDS, JOSEPH ROAD, CALICUT-32.

29. P.C.BIJU, AGED 50 YEARS, S/O.P.N.CHUMMAR, ASSISTANT ACCOUNTS OFFICER, PF-11, OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL(AUDIT), KERALA, THIRUVANANTHAPURAM, RESIDING AT 7/B2, B3 BLOCK, PENTA QUEEN APARTMENT, PADIVATTOM, EDAPPALLY.P.O., KOCHI-24.

30. A.THOMAS VARGHESE, AGED 54 YEARS, S/O.LATE VARKEY KURIEN, ASSISTANT ACCOUNTS OFFICER, PF-44, KERALA, THIRUVANANTHAPURAM AT THE ERNAKULAM BRANCH, RESIDING AT ARACKAL HOUSE, KAIRALI NAGAR, HOUSE NO.7, KUSUMAGIRI P.O., KAKKANAD, KOCHI-30, ERNAKULAM.

31. K.P.SANTHI, AGED 52 YEARS, D/O.K.P.SARADA, ASSISTANT ACCOUNTS OFFICER, WAC 4, KERALA, THIRUVANANTHAPURAM AT THE THRISSUR BRANCH, RESIDING AT THUSHARA, TC VII/II95, KUNDUVARA, CHEMBUKAVU, THRISSUR.

32. M.S.SREEKALA, AGED 49 YEARS, D/O.LATE P.MADHAVAN PILLAI, ASSISTANT ACCOUNTS OFFICER, PENSION GROUP, KERALA, THIRUVANANTHAPURAM, RESIDING AT TC 25/3358(2), CRRA-151A, CHIRAKULAM ROAD, THIRUVANANTHAPURAM-695 001.

33. JOHN KURUVILA, AGED 52 YEARS, S/O.K.J.KURUVILA, ASSISTANT ACCOUNTS OFFICER, GE 3, KERALA, THIRUVANANTHAPURAM, RESIDING AT KOCHUPURACKAL, JYOTHI NAGAR-20, KESAVADASAPURAM, THIRUVANANTHAPURAM-695 004.

34.

M.VENKATRAMAN, AGED 50 YEARS, S/O.V.MAHADEVA IYER, ASSISTANT ACCOUNTS OFFICER, IAD, KERALA, THIRUVANANTHAPURAM, RESIDING AT TC 5/2058(C), MAHADEVA, PNRA E, 51B PEROOR NAGAR, AMBALAMUKKU, KOWDIAR P.O., THIRUVANANTHAPURAM-695 003.

35. T.SREEVALSAN, AGED 52 YEARS, S/O.LATE V.PADMANABHAN NAIR, ASSISTANT ACCOUNTS OFFICER, IAD(C), KERALA, THIRUVANANTHAPURAM AT THE KOZHIKODE BRANCH, RESIDING AT SREEGEETHAM, BREEZ VILLAS, KARAPARAMBU, KOZHIKODE-673 010.

36. A.P.SURESHKUMAR, AGED 49 YEARS, S/O.LATE A.PADMANABHA PILLAI, ASSISTANT ACCOUNTS OFFICER, GE 01, KERALA, THIRUVANANTHAPURAM, RESIDING AT NAVEENAM, TC 6/74(3), MVRA-A-43, PANDITJI LANE, VATTIYOORKAVU, THIRUVANANTHAPURAM-695 013.

37. K.R.SREEKUMAR, AGED 51 YEARS, S/O.RAGHAVAN NAIR, ASSISTANT ACCOUNTS OFFICER, PF 46, KERALA, THIRUVANANTHAPURAM AT THE ERNAKULAM BRANCH, RESIDING AT KARAVAR HOUSE, KUTTAMASSERY, THOTTUMUGHAM P.O., ALUVA-683 105.

38. K.P.ARAVINDAKSHAN, AGED 53 YEARS, S/O.V.BALASUNDARAM, ASSISTANT ACCOUNTS OFFICER, VLC(A/CS), KERALA, THIRUVANANTHAPURAM, RESIDING AT TC 2/1943(5), DIAMOND ENCLAVE, GOWREESAPATTOM, PATTOM P.O., THIRUVANANTHAPURAM-695 004.

39. N.KALALEKSHMI, AGED 54 YEARS, S/O.P.R.NARAYANAN NAIR, ASSISTANT ACCOUNTS OFFICER, OE(E&C), OFFICE OF THE PRINCIPAL ACCCOUNTANT GENERAL(A&E), KERALA, THIRUVANANTHAPURAM, RESIDING AT TC 10/1866(1), KRISHNENDU, IAS COLONY, VATTIYOORKAVU, THIRUVANANTHAPURAM.

40. S.CHANDRAMATHY AMMA, AGED 57 YEARS, D/O.E.VASUDEVAN PILLAI, ASSISTANT ACCOUNTS OFFICER, PF-5, KERALA, THIRUVANANTHAPURAM, RESIDING AT PANAYIL VEEDU, CHENCHERRY, MADATHUVILAKOM P.O., MANNANTHALA.

41. K.BHAGAVATHY AMMAL, AGED 61 YEARS, D/O.KRISHNA PILLAI, RETIRED ASSISTANT ACCOUNTS OFFICER, P20, KERALA, THIRUVANANTHAPURAM, RESIDING AT PRANAVAM, TC 6/1570(1), DR.PINTO LANE, THURUVAIKAL P.O., ULLOOR, THIRUVANANTHAPURAM-695 031.

42. M.M.JOSE, AGED 58 YEARS, S/O.MATHAI, ASSISTANT ACCOUNTS OFFICER, LA CELL(HBA), OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL(A&E), KERALA, THIRUVANANTHAPURAM, RESIDING AT CRA-110, MURINJAPALAM, PATTOM P.O., THIRUVANANTHAPURAM-695 004.

43. C.ANIL CHANDRAN, AGED 54 YEARS, S/O.LATE C.V.CHANDRASEKHARAN, ASSISTANT ACCOUNTS OFFICER, DAE(C)3, KERALA, THIRUVANANTHAPURAM AT THE KOZHIKODE BRANCH, RESIDING AT CHANDRODAYAM, POST MELE PATTAMBI, PALAKKAD-679 306.

44. P.T.RAJALAKSHMI, AGED 57 YEARS, D/O.LATE M.C.KUMARAN NAIR, ASSISTANT ACCOUNTS OFFICER, PF 33, KERALA, THIRUVANANTHAPURAM AT THE KOZHIKODE BRANCH, RESIDING AT 30/1170, KAUSTHUBHAM P.O., MEDICAL COLLEGE, CALICUT-673 008.

45. R. USHAKUMARI, AGED 52 YEARS, D/O.LATE K.RAMAN NAIR, '

ASSISTANT ACCOUNTS OFFICER, PF 23, KERALA, THIRUVANANTHAPURAM AT THE KOZHIKODE BRANCH, RESIDING AT 13/1856, DHANYATHA, A.R.CAMP ROAD, P.O. MARIKKUNNU, KOZHIKODE-12.

46. SUNDER RAJ T.S., AGED 52 YEARS, S/O.SREEDHARAN T.K, ASSISTANT ACCOUNTS OFFICER, GENERAL(K) SECTION, KERALA, THIRUVANANTHAPURAM AT BRANCH OFFICE, KOTTAYAM, RESIDING AT SANTHI BHAVAN, THRIKKUNNAPUZHA P.O., ALAPPUZHA DISTRICT.

47. M.S.RADHAKRISHNAN, AGED 53 YEARS, S/O.P.MADHAVANPILLAI, ASSISTANT ACCOUNTS OFFICER, GE-25, KERALA, THIRUVANANTHAPURAM, RESIDING AT THEKKEKAPPIL HOUSE, TC II/739, CHLAKUZHY LANE, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695 011.

48. JOHNY VARGHESE, AGED 54 YEARS, S/O.K.J.VARGHESE, ASSISTANT ACCOUNTS OFFICER, DAE-2, OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL(A&E), KERALA, THIRUVANANTHAPURAM AT BRANCH OFFICE, ERNAKULAM RESIDING AT KANATTU HOUSE, KUSUMAGIRI.P.O., KOCHI-30.

49. C.VIJAYAKUMARI, AGED 55 YEARS, D/O.LATE V.KUNJUKRISHNA PILLAI, ASSISTANT ACCOUNTS OFFICER, PF 18, KERALA, THIRUVANANTHAPURAM, RESIDING AT VIPANCHIKA, ANRA C-28, JNASAKTHINAGAR, PONGUMOODU, THIRUVANANTHAPURAM-11.

50. S. AJITHKUMARI.

AGED 54 YEARS, D/O.LATE K.M.KRISHNAN NAIR, ASSISTANT ACCOUNTS OFFICER, PF 21, KERALA, THIRUVANANTHAPURAM, RESIDING AT SALIMA, TC 49/1067(2), KARTHIKANAGAR, MANACAUD P.O., THIRUVANANTHAPURAM.

51. THOMAS K.PRAKASH, AGED 52 YEARS, S/O.THOMMON THOMAS, ASSISTANT ACCOUNTS OFFICER, PF-7, KERALA, AT BRANCH OFFICE ERNAKULAM, RESIDING AT ARUNIMA, KOCHUKAVALA, VAIKOM-686 141.

52. G.GOPAKUMAR, AGED 52 YEARS, S/O.N.GOPALAKRISHNAN NAIR, ASSISTANT ACCOUNTS OFFICER, OE(E&C), KERALA, THIRUVANANTHAPURAM, RESIDING AT NEERAJAM, RANK-43, NAMBAVANKAVU, KODUNGANOOR P.O., VATTIYOORKAVU, THIRUVANANTHAPURAM-695 013.

53. ABDUL RASAK M.T., AGED 51 YEARS, S/O.LATE ABDURAHIMAN M.T., ASSISTANT ACCOUNTS OFFICER, PF 19, KERALA, THIRUVANANTHAPURAM AT BRANCH KOZHIKODE, RESIDING AT MELETHERUVATH HOUSE, PUNNASSRY P.O., NARIKKUNI(VIA), KOZHIKODE.

54. DINESH KUMAR KUNNATH, AGED 53 YEARS, S/O.K.T.SANKARAN, ASSISTANT ACCOUNTS OFFICER, DA & E(C) 4, KERALA, THIRUVANANTHAPURAM AT BRANCH KOZHIKODE, RESIDING AT RACHANA, B.C.ROAD, P.O BEYPORE, CALICUT-673 015.

55. G.SANKARAN NAIR, AGED 52 YEARS, S/O.LATE K.GOPAKUMARAN NAIR, ASSISTANT ACCOUNTS OFFICER, LEGAL CELL, KERALA, THIRUVANANTHAPURAM, RESIDING AT AN 75A, ADARSH NAGAR, T.P.ROAD, PATTOM, THIRUVANANTHAPURAM-695 004.

56. K.R.KRISHNAKUMAR, AGED 51 YEARS, S/O.LATE C.RAMAVARMA, ASSISTANT ACCOUNTS OFFICER, I.A.D., KERALA, THIRUVANANTHAPURAM, RESIDING AT TC 3/483(1), SWATHI, KALLARAMOOLA, MUTTADA P.O., THIRUVANANTHAPURAM-695 025.

57. SHEEBA FRANCIS, AGED 47 YEARS, D/O.T.J.FRANCIS, ASSISTANT ACCOUNTS OFFICER, BOOK I, KERALA, THIRUVANANTHAPURAM, RESIDING AT ANTOIN, TC 2/1314, VL-61, VIKAS LANE, THIRUVANANTHAPURAM.

58. LATHA K.WARRIOR, AGED 53 YEARS, D/O.LATE E.K.WARRIER, ASSISTANT ACCOUNTS OFFICER, GE 28, KERALA, THIRUVANANTHAPURAM AT BRANCH THRISSUR, RESIDING AT 'KRISHNA', HOUSE NO. TC 6/2832, WARRIEM, KURAPPATH LANE, THRISSUR-680 020.

59. K.K.SIVADASAN, AGED 51 YEARS, S/O.LATE E.V.NARAYANA KURUP, ASSISTANT ACCOUNTS OFFICER, PF 27, KERALA, THIRUVANANTHAPURAM AT BRANCH KOZHIKODE, RESIDING AT 'KRIPA', NITUMBROM, CHOKLI P.O., THALASSERY-670 672.

60. K.UDAYAKUMAR, AGED 53 YEARS, S/O.K.P.KRISHNAN, ASSISTANT ACCOUNTS OFFICER, GE-18, OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL(A&E), KERALA, THIRUVANANTHAPURAM, RESIDING AT ARAKKODE HOUSE, CGRA-14, CITY GARDENS, KIZHAKKATHIL JUNCTION, ANAYARA, THIRUVANANTHAPURAM.

61. K.P.SYAMKUMAR, AGED 51 YEARS, S/O.P.RADHAKRISHNAN, ASSISTANT ACCOUNTS OFFICER, EDP, KERALA, THIRUVANANTHAPURAM AT BRANCH THRISSUR, RESIDING AT 13/57, KUNNAMBATH LANE, AYYANTHOLE, THRISSUR-680 003.

62. LOUIS K.M., AGED 52 YEARS, S/O.K.V.MATHAI, ASSISTANT ACCOUNTS OFFICER, GENERAL, OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL(A&E) KERALA, THIRUVANANTHAPURAM, RESIDING AT MGRA 20 MARAPPALAM GARDENS, PATTOM POST, THIRUVANANTHAPURAM-4.

63. LOLA R., GED 48 YEARS, D/O.V.S.RAMAKRISHNAN, DAE(E) 2, KERALA, THIRUVANANTHAPURAM AT BRANCH ERNAKULAM, RESIDING AT SREEVALSAM, TEMPLE ROAD, KADVANTHRA, KOCHI-682 020.

64. VALSALA M.MENON., AGED 51 YEARS, D/O.LATE K.MUKUNDAN MENON, ASSISTANT ACCOUNTS OFFICER, GE 28, KERALA, THIRUVANANTHAPURAM AT BRANCH THRISSUR, RESIDING AT LAVANYAM, TC VIII/1228, R.V.PURAM P.O. THRISSUR-680 631.

65. BRIDGET THOMAS, AGED 53 YEARS, D/O.LATE J.A.MIRANDA, TM, ASSISTANT ACCOUNTS OFFICER, PENSION 5, KERALA, THIRUVANANTHAPURAM, RESIDING AT TC 27/46, RED CROSS ROAD, PATTOOR, THIRUVANANTHAPURAM.

66. AIPU K.P., AGED 54 YEARS, S/O.PAULOSE K.C, ASSISTANT ACCOUNTS OFFICER, PF-10, OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL(A&E), KERALA, THIRUVANANTHAPURAM AT BRANCH THRISSUR RESIDING AT KIZHAKKEKUDY HOUSE, UNIVERSITY NAGAR K.A.U. P.O., PIN-680 656.

67. DEVAKUMAR V., AGED 63 YEARS, S/O.VAMADEVAN, RETIRED ASSISTANT ACCOUNTS OFFICER, OE (ADMN), KERALA, THIRUVANANTHAPURAM, RESIDING AT REVATHY, MUTTAPPALAM, PERUNGUZHI P.O., THIRUVANANTHAPURAM-695 305.

68. M.SUDHAKARAN, AGED 63 YEARS, S/O.LATE P.S.MADHAVAN NAIR, RETIRED ASSISTANT, ACCOUNTS OFFICER, GE-18, KERALA, THIRUVANANTHAPURAM, RESIDING AT NALINAM, B-53, TC 7/1759(1), PANGODE, THIRUMALA P.O., THIRUVANANTHAPURAM-695 006.

69. V.SETHUMADHAVAN NAIR, AGED 61 YEARS, S/O.N.VELUKUTTY NAIR, RETIRED ASSISTANT ACCOUNTS OFFICER, KERALA, THIRUVANANTHAPURAM, RESIDING AT SREEPADAM, NLRA-118, NEERAZHI LANE, ULLOOR, THIRUVANANTHAPURAM.

70. N.SANTHAKUMARI, AGED 60 YEARS, D/O.NARAYANA PILLAI, RETIRED ACCOUNTS OFFICER, GE, KERALA, THIRUVANANTHAPURAM, RESIDING AT SUDARSANAM, KUDAPPANAKKUNNU P.O., THIRUVANANTHAPURAM.

71. PRADEEP KUMAR K., AGED 58 YEARS, (NO.1), S/O.K.P.KUNHIRAMAN NAIR, ACCOUNTS OFFICER, WAM, KERALA, THIRUVANANTHAPURAM AT BRANCH THRISSUR, RESIDING AT PRATHIBHA, EVANOOR, CHEROOR P.O., THRISSUR-680 008.

72. ACHUTHANANDAN M., AGED 51 YEARS, S/O.C.T.K. MENON, ACCOUNTS OFFICER, OFFICE OF THE PRINCIPAL ACCCOUNTANT GENERAL(A&E), KERALA, THIRUVANANTHAPURAM AT BRANCH THRISSUR, RESIDING AT NO.85, RENJINI, MUSEUM CROSSLANE, CHEMBUKAVU, THRISSUR-680 020.

73. K.KRISHNAN, AGED 62 YEARS,(NO.3), S/O.LATE R.KESAVAN, RETIRED ASSISTANT ACCOUNTS OFFICER, IAD, OFFICE OF THE PRINCIPAL ACCCOUNTANT GENERAL(A&E), KERALA, THIRUVANANTHAPURAM, RESIDING AT HOUSE NO.67, VRINDAVAN, HILL TOP GARDENS, KARAKULAM P.O., THIRUVANANTHAPURAM.

74. M.P.DIVAKARAN, AGED 61 YEARS, S/O.LATE K.A.NAIR, RETIRED ASSISTANT ACCOUNTS OFFICER, FAC-II, KERALA, THIRUVANANTHAPURAM AT BRANCH THRISSUR, RESIDING AT III/76(B), CHEVOOR, THRISSUR.

75. K.M. SOBHA, AGED 58 YEARS, D/O.M.NARAYANAN NAIR, ACCOUNTS OFFICER, KERALA, THIRUVANANTHAPURAM, RESIDING AT SHOBHANAM, CONVENT ROAD, SHORNNUR, PALAKKAD-679 121.

76. P. LEKSHMIKUTTY, AGED 63 YEARS, D/O.KRISHNAN NAIR, RETIRED ASSISTANT ACCOUNTS OFFICER, GE-29, KERALA, THIRUVANANTHAPURAM, RESIDING AT TC/2/1459, VAISAKH, (CRA 27), NALANDA LANE, PATTOM P.O., THIRUVANANTHAPURAM.

B.PADMAVATHYAMMA, AGED 61 YEARS, D/O.LATE N.KRISHNAPILLAI, RETIRED ASSISTANT ACCOUNTS OFFICER, PF-05, KERALA, THIRUVANANTHAPURAM, RESIDING AT GOWRIVILASOM, KUDAPPANAKUNNU, THIRUVANANTHAPURAM-695 043.

78. K.P.PRAKASH KUMAR, AGED 57 YEARS, S/O.LATE K.KUMARAN, ASSISTANT ACCOUNTS OFFICER, GENERAL(C), KERALA, THIRUVANANTHAPURAM AT BRANCH KOZHIKODE, RESIDING AT THEERTHAPURAM, TULICHERY, P.O. CIVIL STATION, KANNUR-2.

79. M.D.SYAMALA, AGED 57 YEARS, D/O.M.K.DAMODARAN, ASSISTANT ACCOUNTS OFFICER, WAC II, OFFICE OF THE PRINCIPAL ACCCOUNTANT GENERAL(A&E), KERALA, THIRUVANANTHAPURAM AT BRANCH THRISSUR, RESIDING AT THAIPARAMBIL HOUSE, NEAR TRINITY CONVENT GATE, KOLAZHY P.O., THRISSUR-680 010.

80. JOY PALAYOOR, AGED 51 YEARS, S/O.THOMAS PALAYOOR, ASSISTANT ACCOUNTS OFFICER, GENERAL, KERALA, THIRUVANANTHAPURAM AT BRANCH THRISSUR, RESIDING AT PALAYOOR HOUSE, THAMARAYOOR P.O., GURUVAYOOR, THRISSUR-680 505.

81. S.GANESHKUMAR, AGED 57 YEARS, S/O.SIVASUBRAMONIA PILLAI, ASSISTANT ACCOUNTS OFFICER, P-4, OFFICE OF THE PRINCIPAL ACCCOUNTANT GENERAL(A&E), KERALA, THIRUVANANTHAPURAM, RESIDING AT 10/49, ANUJA BHAVAN, FORT, ERANIEL, KANDAN VILAI P.O., KANYAKUMARI-629 810.

82. C.V. MALINI, AGED 54 YEARS, D/O.V.ACHUTHA MENON, ASSISTANT ACCOUNTS OFFICER, PF-34, OFFICE OF THE PRINCIPAL ACCCOUNTANT GENERAL(A&E), KERALA, THIRUVANANTHAPURAM, BRANCH THRISSUR, RESIDING AT 19/163/7, SURYA APARTMENTS, POOTHOLE, THRISSUR-680 004.

83. K.M.MURALIDHARAN, AGED 53 YEARS, S/O.T.V.BALAKRISHNAN NAIR, ASSISTANT ACCOUNTS OFFICER, PAO-1, KERALA, THIRUVANANTHAPURAM.

84. N.SURESH KUMAR, AGED 52 YEARS, S/O.LATE N.NATESAN, ASSISTANT ACCOUNTS OFFICER, GE I, OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL(A&E) KERALA, THIRUVANANTHAPURAM, RESIDING AT TC 62/210 SREENIKETHAN, NO.37-A, SREE NAGAR ASSOCIATION MANACAUD P.O., THIRUVANANTHAPURAM-695 009.

85. JAYAKUMAR K.P., AGED 52 YEARS, S/O.LATE G.PARAMESWRAN PILLAI, ASSISTANT ACCOUNTS OFFICER, VLC(A/CS), KERALA, THIRUVANANTHAPURAM, RESIDING AT FLAT NO.313, MF4, VRINDAVAN GARDENS, PATTOM, THIRUVANANTHAPURAM.

86. T.V.KRISHNAN, AGED 53 YEARS, S/O.LATE C.KANNAN, ASSISTANT ACCOUNTS OFFICER, PF 26, OFFICE OF THE PRINCIPAL ACCCOUNTANT GENERAL(A&E), KERALA, THIRUVANANTHAPURAM, BRANCH THRISSUR, RESIDING AT THAIVILAPPIL HOUSE, KALPAKA GARDENS, 5TH STREET, KOLAZHY P.O., THRISSUR.

87. V.NATARAJAN, AGED 53 YEARS, S/O.S.VELAYUDHAN ACHARI, ASSISTANT ACCOUNTS OFFICER, GE 14, KERALA, THIRUVANANTHAPURAM, BRANCH KOTTAYAM, RESIDING AT RAJAMANDIRAM, BOC ROAD, PERUMBAVOOR P.O., ERNAKULAM.

88. K.R.SHEEBA, AGED 49 YEARS, D/O.R.RAMACHANDRAN NAIR, ASSISTANT ACCOUNTS OFFICER, PF-I, KERALA, THIRUVANANTHAPURAM, RESIDING AT REVATHY, DDRA-510, NEAR T.V.CENTRE, KUDAPPANAKUNNU P.O., THIRUVANANTHAPURAM.

P.V.SATHEESAN, AGED 55 YEARS, S/O.LATE K.M.RAMAN NAMBIAR, ASSISTANT ACCOUNTS OFFICER, DA & E(C)I, KERALA, THIRUVANANTHAPURAM AT BRANCH KOZHIKODE, RESIDING AT PANCHAMI, MUNDAYAD P.O., CHOVVA, KANNUR-670 006.

BY ADVS.SRI.P.PARAMESWARAN NAIR SRI.S.PRASANTH SRI.P.SREEKUMAR SRI.T.S.SARATH SMT.P.M.MAZNA MANSOOR RESPONDENT(S):

--------------

1. UNION OF INDIA, REPRESENTED BY SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSIONS, DEPARTMENT OF PERSONNEL & TRAINING, NORTH BLOCK, NEW DELHI-110 001.

2. THE COMPTROLLER & AUDITOR GENERAL OF INDIA, 9 DEEN DAYAL, UPADHYAYA MARG, NEW DELHI-110 124.

3. THE PRINCIPAL ACCCOUNTANT GENERAL (A&E), KERALA, THIRUVANANTHAPURAM.

BY ADV. SRI.JAGDEESH LAKSHMAN, ADDL. CGSC & BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL. THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 02-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

RVS.

APPENDIX PETITIONER(S)' EXHIBITS :

----------------------- EXT. P1TRUE COPY OF THE ORIGINAL APPLICATION NO.1103/2011 ALONG WITH ITS ANNEXURES FILED BY THE PETITIONERS BEFORE THE HON'BLE CENTRAL ADMINISTRATION TRIBUNAL ERNAKULAM BENCH. EXT. P2TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS. EXT.P3&P3(A)- TRUE COPY OF THE O.A.NO.966/2009 AND O.A.NO.967/2009 FILED BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL MADRAS BENCH.

EXT. P4TRUE COPY OF THE JUDGMENT IN W.P.[C]NO.18611 AND 18612 OF 2011, MADRAS HIGH COURT.

EXT. P5TRUE COPY OF THE COMMON ORDER IN O.A.NOS.540/2011 TO 543/2011. EXT. P6TRUE COPY OF THE COMMON ORDER IN O.A.NO.OA/020/00413/2014, HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD BENCH. EXT. P7TRUE COPY OF THE ORDER DATED 22.3.2013 IN O.A.NO.1103/2011 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. RESPONDENT(S)' EXHIBITS :

---------------------- NIL.

/TRUE COPY/ P.A.TO JUDGE RVS.

P.R. RAMACHANDRA MENON & BABU MATHEW P JOSEPH, JJ.

~~~~~~~~~~~~~~~~~~~~~~ O.P. (CAT) No. 58 of 2015 ~~~~~~~~~~~~~~~~~~~~~ Dated, this the 2nd day of June, 2015

JUDGMENT

Ramachandra Menon, J.

The challenge involved in this original petition is with regard to interference declined by the Tribunal in O.A. No. 1103 of 2011 with regard to the claim against refusal on the part of the respondents in extending the benefit of the 3rd financial up gradation, 'on pay band 2', with Grade pay Rs.5400/- under the Modified Assured Career Progression Scheme.

2. The contention raised was that the refusal was arbitrary and illegal in all respects and even violative of Articles 14 & 16 of the Constitution of India. It was also pointed out that juniors to the petitioners have been given Grade pay of Rs.5400/-, whereas the Grade pay given to the petitioners was only Rs.4900/-, for the alleged reason that the petitioners had obtained 3 promotions.

3. It is to be noted that the cause of action projected in the original petition, has become stale, as the order under challenge was passed as early as on 22.04.2013; whereas the petitioners have chosen to approach this Court only after two years. The only

O.P.(CAT) No. 58 of 2015 : 2 :

explanation as contained in paragraph 18 of O.P. is that delay is not due to any laches on the part of the petitioners herein, but for the fact that some of the petitioners were retired and some of them were laid up with ailments. Hence it took time to collect the signature of all concerned and to convene a meeting for meaningful deliberations, regarding further course of action. This Court does not find it as an explanation; much less any satisfactory explanation for the inordinate delay. The original petition is to be dismissed on this score alone.

4. Coming to the merit as well, it is to be noted that the prayers raised by the petitioners before the Tribunal were in the following terms :

"1) To declare that the refusal on the part of the respondents to extend to the applicants, the benefit of the 3 rd financial up gradation, on pay band 2 with Grade Pay 5400, under the Modified Assured Career Progression Scheme is highly illegal, arbitrary, unjust, unreasonable and irrational and that the same violates Articles 14 & 16 of the Constitution of India. ii) To direct the respondents to extend the benefit of MACP Scheme in favour of the applicants by fixing their Grade Pay at Rs. 5400/- from the date on which

O.P.(CAT) No. 58 of 2015 : 3 :

the said benefit was extended to their junior/senior accountants and to disburse the accrued arrears, if any, to the applicants within a period to be prescribed by this Hon'ble Tribunal.

Iii) To declare that Para 20 of Annexure 1 of Modified Assures Career Progression Scheme is illegal. iv) Such other relief as may be prayed for and this Tribunal may deem fit to grant.

v) Grant the cost of this Original Application.. After evaluating the merit involved, the Tribunal held that Clause 20 of the MACP Scheme was fully valid and legal, making it clear that same would not stand in the way of the petitioners to have their grievance redressed by resorting to administrative machinery. Observations in paragraph 25 of the said verdict are in the following terms :

"25. In view of the above, while declaring that Clause 20 of the MACP scheme is fully valid and legal and while rejecting the claim of the applicants for financial upgradation under the MACP Scheme at par with the juniors, liberty is given to the applicants to have their grievances redressed by way of stepping up of pay, through administrative machinery. Neither the provisions of clause 20 of the Scheme not does this order come in their way in this regard.

O.P.(CAT) No. 58 of 2015 : 4 :

In the above circumstances, we do not find any reason to call for interference with the verdict passed by the Tribunal. It will be open for the petitioners to pursue the matter in terms of the observations made by the Tribunal vide paragraph 25 of Ext. P7 verdict.

The learned counsel for the petitioners submits that the petitioners have already approached the departmental authorities for getting the benefit of paragraph 25 of Ext. P7 order. If any such application is pending before the competent authority, the same shall be dealt with and finalized in accordance with law, at the earliest, at any rate, within three months from the date of receipt of a copy of this judgment.

Original petition stands disposed of.

sd/- P. R. RAMACHANDRA MENON, (JUDGE) sd/- BABU MATHEW P. JOSEPH, (JUDGE) kmd