IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 15TH DECEMBER, 2008 / 24TH AGRAHAYANA, 1930 WP(C).No. 1116 of 2005 (S) ( OA.31/2004 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH) .................... PETITIONERS: -------------------- 1. UNION OF INDIA REPRESENTED BY SECRETARY TO GOVT.OF INDIA, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSION, DEPARTMENT OF PENSION & PENSIONERS WELFARE, NEW DELHI. 2. THE DIRECTOR OF POSTAL ACCOUNTS, SASTHAMANGALAM, THIRUVANANTHAPURAM. 3. THE SENIOR ACCOUNTS OFFICER (PENSION), OFFICE OF THE DIRECTOR OF POSTAL ACCOUNTS, SASTHAMANGALAM, THIRUVANANTHAPURAM. 4. THE SUPERINTENDENT OF POST OFFICES, IDUKKI DIVISION, THODUPUZHA-685 584. BY ADV. SRI.JOHN VARGHESE, SCGSC RESPONDENTS: --------------------- R.UNNIKRISHNAN NAIR S/O. LATE RAMAN NAIR, RETIRED POSTAL ASSISTANT, RESIDING AT LAKSHMIVILASAM HOUSE, KARIMKUNNAM P.O., IDUKKI DISTRICT, PIN - 685 586. ADV. SRI.P.C.SEBASTIAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX (WP(C) No. 1116 OF 2005) PETITIONER'S EXHIBITS: Ext.P1: Copy of Original Application No.31 of 2003 on the file of the CAT, Ernakulam Bench. Ext.P2: Copy of the reply statement filed by the respondents during August,2004. Ext.P3: Copy of the Order dated 30th September, 2004 in OA 31 of 2004 of the CAT, Ernakulam Bench. -True Copy- P.A.to Judge. K.BALAKRISHNAN NAIR & V.K.MOHANAN, JJ. --------------------------------------------- W.P.(C).No. 1116 of 2005 B --------------------------------------------- Dated this the 15th day of December, 2008 J U D G M E N T Balakrishnan Nair,J: The writ petitioners are respondents in O.A.No.31 of 2004. Respondent is the applicant. 2. The applicant retired from postal service on superannuation on 31.3.1995. He was sanctioned pension and D.C.R.G. as per the pension payment order Annexure A1 produced along with Ext.P1 Original Application. While so, the Department of Posts issued letter dated 10.8.1995 enclosing a copy of O.M. dated 14.7.1995 issued by the Ministry of Personnel, Public Grievances and Pensions, Department of Pension and Pensioners' Welfare extending to postal employees the benefit of treating the dearness allowance as dearness pay for the purpose of death gratuity and retirement gratuity. The said order was to take effect from 1.4.1995. But the respondent/applicant was not granted the benefit of that O.M. on the ground that he retired from service on 31.3.1995. The new order took effect only from 1.4.1995. Challenging the said stand of the writ petitioners, the original application was filed. The said O.A. was allowed WP(C) NO.1116 of 2005 :-2-: holding that the applicant was in service as on 31.3.1995 and he became a pensioner only on 1.4.1995. Therefore, it was held that he is entitled to get the benefit of the aforementioned O.M. The said order of the C.A.T., Ernakulam Bench is under challenge in this writ petition. Now, the point raised by the petitioners is covered in their favour by the decision of the Apex Court reported in State of Punjab and others v. Amar Natha Goyal and others [(2005)6 SCC 754] . 3. This Court had passed an interim order in this writ petition on 14.1.2005 directing the petitioners to pay the amount due under the order of the CAT, on condition that the respondent/applicant files an affidavit before this Court, undertaking to repay the excess amount to the petitioners in case the writ petition is allowed. Pursuant to the said interim order, the respondent has filed an affidavit before this Court on 31st January 2005. In view of that affidavit, if the respondent/applicant has been paid the additional benefits, the same shall be repaid by him to the writ petitioners within two months from today. If the said amount is not paid, the petitioners can recover the said amount from the pension payable to him or by taking recourse to revenue recovery proceedings or such other course of action available to them under law. WP(C) NO.1116 of 2005 :-3-: Accordingly, the writ petition is allowed. The impugned order of the C.A.T. (Ext.P3) is set aside and Ext.P1 original application is dismissed. K.Balakrishnan Nair, Judge. V.K.Mohanan, Judge MBS/ WP(C) NO.1116 of 2005 :-4-: K.BALAKRISHNAN NAIR & V.K.MOHANAN, JJ. -------------------------------------------- W.P(C).NO. OF 200 -------------------------------------------- J U D G M E N T DATED: -12-2008 WP(C) NO.1116 of 2005 :-5-: