IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 WP(C).No. 4269 of 2007(S) ------------------------------------- OA.781/2004 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER(S): ----------------------- THE CONTROLLER GENERAL OF DEFENCE ACCOUNTS, WEST BLOCK-5, R.K.PURAM, NEW DELHI, THROUGH CONTROLLER OF DEFENCE OF ACCOUNTS, CHENNAI. BY MR.M.R.JAYAPRASAD, C.G.C RESPONDENT(S): ------------------------- P.R.SOMASEKHARAN PILLAI, S/O.LATE K.R.RAMAN PILLAI, SENIOR AUDITOR (RETIRED FROM ZONAL OFFICE OF THE DEFENCE PENSION DISBURSEMENT) THIRUVANANTHAPURAM, RESIDING AT NO.121, NIRANJAM, JAWAHAR NAGAR, PATTATHANNAM P.O. KOLLAM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.4269/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER DTD. 28.4.06 IN OA. 781/04 PASSED BY THE HONOURABLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. TRUE COPY P.A. TO JUDGE tss THOTTATHIL B.RADHAKRISHNAN & P.S.GOPINATHAN, JJ. = = = = = = = = = = = = = = WP.(C).No.4269 of 2007-S. = = = = = = = = = = = = = = Dated this the 19th day of February, 2010. J U D G M E N T Thottathil B.Radhakrishnan, J. The respondent moved with Central Administrative Tribunal for an order in relation to release of pensionary benefits. He sought relief on the basis of revised pay as on 1.1.1996. The Tribunal, after adverting to the facts, concluded that following the finding in OP.No.32459/2001 and different other judgments, which are referred to in Ext.P1 final order of the Tribunal, the applicant (respondent herein) is entitled to declaration that he is eligible for pension, gratuity and commutation of pension with effect from 1.1.1996 on the basis of the revised pay as on 1.1.1996 and that revised pensionary benefits and payment of arrears with effect from the date. Accordingly, issued directions. The Tribunal had made the said direction WP.(C).No.4269 of 2007-S. -: 2 :- subject to the out come of SLP.No.24111/2003 before the Hon'ble Supreme Court in the matter. We do not find any legal infirmity to set aside that order of the Tribunal. The writ petition is dismissed. THOTTATHIL B.RADHAKRISHNAN (JUDGE) P.S.GOPINATHAN (JUDGE) Kvs/-