IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 WP(C).No. 30047 of 2008(S) -------------------------- OA.100/2007 of CAT,ERNAKULAM BENCH ................... PETITIONER(S): --------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI. 2. THE CHIEF COMMISSIONER OF INCOME TAX, CENTRAL REVENUE BUILDING, I.S.PRESS ROAD, KOCHI. 3. THE COMMISSIONER OF INCOME TAX, AAYAKAR BHAVAN, KOWDIAR, THIRUVANANTHAPURAM. 4. DIRECTOR (CANTEENS), GOVERNMENT OF INDIA, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS, DEPARTMENT OF PERSONNEL & TRAINING, 3RD FLOOR, LOK NAYAK BHAVAN, NEW DELHI. 5. CENTRAL BOARD OF DIRECT TAXES, NORTH BLOCK, NEW DELHI. BY ADV.SRI.T.P.M.IBRAHIM KHAN, A.S.G RESPONDENT(S): --------------- N.KRISHNAN KUTTY, T.C.NO.10/1029, TRA 76, LEKSHMY BHAVAN, THOZUVANCODE LANE, VETTIYOORKAVU P.O., THIRUVANANTHAPURAM. ADV. SRI.S.ARUN RAJ SRI.P.DANIEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.30047/08 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE O.A.100/2007 FILED BEFORE THE HON'BLE CAT, ERNAKULAM BENCH, ERNAKULAM. EXT.P2: TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENT TO THE O.A.NO.100/2007 BEFORE THE HON'BLE CAT. EXT.P3: TRUE COPY OF THE ADDITIONAL REPLY STATEMENT FILED BY THE RESPONDENT IN O.A.NO.100/2007 BEFORE THE HON'BLE CAT. EXT.P4: TRUE COPY OF THE ORDERS IN O.A.NO.100/2007 DATED 13.6.2008. EXT.P5: TRUE COPY OF THE M.A.NO.597/09 FILED BY THE RESPONDENT IN THIS WRIT PETITION PENDING BEFORE THE HON'BLE CAT. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN & P.S.GOPINATHAN, JJ. ------------------------------------------- W.P(C).No.30047 OF 2008 ------------------------------------------- Dated this the 22nd day of February, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. Learned Assistant Solicitor General appearing for the writ petitioners submits that though his clients still assert that the Tribunal went wrong in extending its jurisdiction in passing the impugned order, on further departmental deliberations, it has been decided to extend to the respondent/applicant the same benefit that was extended to the other three employees of the same canteen with effect from 1993. This course is acceptable to the respondent also, who is represented through his counsel. We record these submissions and it is directed that the direction of the Tribunal in the impugned order will stand modified in the above terms. All consequences, including regularisation and attendant benefits will follow in terms thereof with effect from WPC.30047/08 2 the respective dates as applicable to the other three employees. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.S.GOPINATHAN, Judge. kkb.22/02.