IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 2ND AUGUST 2010 / 11TH SRAVANA 1932 WP(C).No. 19917 of 2010(S) -------------------------- OA.19/2009 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER(S) (RESPONDENTS IN THE ORIGINAL APPLICATION): --------------- 1. UNION OF INDIA, REP. BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF RAILWAYS, RAIL BHAVAN, NEW DELHI. 2. THE SENIOR DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, PALAKKAD DIVISION, PALAKKAD. 3. THE DIVISIONAL FINANCE MANAGER, SOUTHERN RAILWAY, PALGHAT DIVISION, PALGHAT. BY ADV. SRI.T.P.M.IBRAHIM KHAN,SR.SC, RAILWAYS RESPONDENT(S): --------------- OOMMAN C.O., (RETIRED SENIOR CLERK, PERSONNEL BRANCH, SOUTHERN RAILWAY, PALGHAT DIVISION) RESIDING AT "SANKARAMANGALAM, PATHIRI ROAD, DHONI P.O., PALAKKAD-9). ADV. SRI.T.C.GOVINDA SWAMY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. ------------------------------- W.P.(C).NO.19917 OF 2010 ----------------------------------- Dated this the 2nd day of August, 2010 J U D G M E N T THOTTATHIL B. RADHAKRISHNAN, J. The respondent applied for voluntary retirement from the service of the Railways. Disputes arose as to whether he was eligible to that relief without completing twenty years of service. The objections of the establishment was overruled by the Tribunal and the respondent was granted a favourable order in that regard in O.A.No.564 of 2007, following some earlier decisions. There was also a direction to the establishment to grant the respondent the monthly pension and other terminal benefits as permissible under the rules within a period of three months from the date of receipt of that order. That order was issued on 13.2.2008. Thereafter, dispute arose as to the manner in which the monthly pension has to be reckoned. The establishment took the view that the respondent is not entitled to the benefits claimed by him. The Tribunal, as per the impugned WP(C).19917/10 2 decision, came to the conclusion that there is a typographical error in the Code and the view of the establishment that weightage of five years is not available when a person voluntarily retired under clause 1802 (b) of the Act, is unsustainable. The Tribunal, accordingly, directed the establishment to re-work out the qualifying service of the employee and the extent of pension/family pension admissible. 2. The pivotal plea in this writ petition by the establishment under Article 227 of the Constitution of India is that in the light of Ext.P5 OM dated 10.12.2009, Ministry of Personnel, Public Grievances and Pensions, the impugned Ext.P4 decision of the Tribunal does not stand. 3. The learned counsel for the respondent/applicant points out that if Ext.P5 applies to the Railways, his client to be entitled to take the benefit under that decision since, according to him, that would be more beneficial than what he would get under the decision of the Tribunal. The learned counsel cautioned that to the best of his knowledge, Ext.P5 has not been adopted or WP(C).19917/10 3 implemented by the Railways so far. Taking the aforesaid into consideration and noticing that the challenge of the establishment is fundamentally confined to what is stated above, we order that if the establishment stands by its submission that it is Ext.P5 that governs, the benefits due to the employee (respondent herein) shall be worked out and release to him within a period of 45 days from now. If otherwise, they would abide by the directions of the Tribunal as contained in Ext.P4 within such time frame. Either way, the compliance of this judgment shall be reported to the Tribunal by an affidavit before it by either among petitioners 2 or 3 herein within a period of two months from now. Writ petition is ordered as above. THOTTATHIL B. RADHAKRISHNAN JUDGE S.S.SATHEESACHANDRAN JUDGE prp WP(C).19917/10 4