IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 WP(C).No. 37481 of 2007(S) -------------------------- OA.821/2005 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONERS: --------------- 1. THE POST MASTER GENERAL, CENTRAL REGION, KOCHI-682 018. 2. THE SENIOR SUPERINTENDENT OF POST OFFICES, KOTTAYAM DIVISION, KOTTAYAM. 3. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, MINISTRY OF COMMUNICATIONS, NEW DELHI. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GENERAL OF INDIA RESPONDENT: --------------- GEORGE THOMAS, S/O. THOMAS, GROUP D, OFFICE OF THE SENIOR SUPERINTENDENT OF POST OFFICES, KOTTAYAM DIVISION, KOTTAYAM, (PIN CODE-686 001). ADV. SRI.P.C.SEBASTIAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON I.A.No.7263/08 IN W.P.(C)No.37481/07 DISMISSED 24.9.08 SD/- K.BALAKRISHNAN NAIR, JUDGE. SD/- M.C.HARI RANI, JUDGE. ************ APPENDIX PETITIONER'S EXTS: EXT.P1: TRUE COPY OF OA.NO.821/05 EXT.P2: TRUE COPY OF THE REPLY STATEMENT FILED BY THE PETITIONERS. EXT.P3: TRUE COPY OF THE JUDGMENT DATED 23.3.07 OF THE CAT, ERNAKULAM BENCH. TRUE COPY K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 37481 OF 2007 ============================ DATED THIS THE 24th SEPTEMBER 2008 JUDGMENT Balakrishnan Nair,J. The petitioners are respondents in O.A.No.821/2005. The respondent herein was the applicant in the said O.A. The O.A.was allowed by Ext.P3 judgment giving the following directions: “We find also from the judgment in Annexure A-7 in O.A.800/2005 which has been filed by a person similarly placed like the applicant in his O.A. have been continuously working in a Group-D post and was denied the benefit of service for pension purpose. This Tribunal had not allowed his claim for rgularisation as he had crossed the upper age limit of 50 years but granted the prayer for counting the service as qualifying service for the purpose of pension. The applicant herein is free from the handicap of the applicant in O.A.No.800/2005 as he was well below the age of 50 years and therefore is in a more advantageous position than the applicant in O.A.800/2005. We are therefore of the considered view that the prayer of the applicant for counting his service rendered in Group-D WPC.37481/2007 -2- cadre from 1999 for pensionary benefits merits consideration and we accordingly direct the respondents to grant the applicant the benefit of the service from 17-4--1999 for pensionary purposes and pass appropriate orders within a period of three months from the date of receipt of a copy of this order. No costs.” 2. The learned counsel for the respondent brought to our notice a Division Bench decision of this Court in W.P.(C) No.17044 /2005. It was a case wherein the respondent therein was granted benefit of counting service prior to regularisation also for pensionary benefits. The writ petition filed by the petitioners therein against the order of the Central Administrative Tribunal was dismissed by this Court by the aforementioned judgment. We notice that the facts of that case are identical to the facts of this case. We are in respectful agreement with the view taken by the Division Bench in that case. Accordingly, this writ petition is dismissed following the judgment in W.P.(C)No.17044/20005. K. BALAKRISHNAN NAIR,JUDGE ks M.C. HARI RANI,JUDGE WPC.37481/2007 -3- ks. ks.