IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 2ND SEPTEMBER 2010 / 11TH BHADRA 1932 WP(C).No. 26874 of 2010(S) -------------------------- OA.430/2009 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER(S): --------------- 1. THE SENIOR SUPERINTENDENT, RMS TV DIVISION, THIRUVANANTHAPURAM-36. 2. THE CHIEF POSTMASTER GENERAL, KERALA CIRCLE, THIRUVANANTHAPURAM-33. 3. THE UNION OF INDIA, REPRESENTED BY DIRECTOR GENERAL, DEPARTMENT OF POSTS, DAK BHAVAN, NEW DELHI. BY ADV. SRI.S.KRISHNAMOORTHY, CGC RESPONDENT(S): --------------- K.SASIDHARAN NAIR, SORTING ASSISTANT (TBOP), HRO, THIRUVANANTHAPURAM (RETD), ABHILASH SADANAM, PERUKAVU, PEYAD P.O., THIRUVANANTHAPURAM- 696 573. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR, & K. SURENDRA MOHAN, JJ. -------------------------------------------- W. P. C. No. 26874 of 2010 -------------------------------------------- Dated this the 2nd day of September, 2010 JUDGMENT Ramachandran Nair, J. The order under challenge is Ext.P3 issued by the Central Administrative Tribunal holding that the respondent-applicant is entitled to the Biennial Cadre Review (BCR) benefit on completion of 26 years of qualifying service. We have heard standing counsel appearing for the petitioner and have gone through the order of the Tribunal. It is seen that Tribunal has followed Full Bench decision of the Chandigarh Bench, which is affirmed by the Gujarath High Court. Admittedly before retirement the respondent completed 26 years of qualifying service entitling him for the BCR benefit. However, petitioner's case is that when the respondent's claim was first considered on the cut-off date, that is 1.7.2007 the respondent has not completed 26 years of qualifying service. However, next cut-off date was fixed as 1.1.2008 and since respondent retired as on 31.12.2007, he is not entitled to the benefit is the petitioner's case. We do not find any WPC 26874 of 2010 2 justification in fixing the cut-off date because what is relevant is employee's entitlement based on completion of qualifying service of 26 years which the respondent had completed prior to his date of retirement. We are therefore of the view that the Tribunal has rightly granted the BCR benefit to the respondent. WPC is therefore dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (K. SURENDRA MOHAN) Judge. kk WPC 26874 of 2010 3