IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 WP(C).No. 16594 of 2004(S) -------------------------- PETITIONER: ------------ 1. THE CENTRAL BOARD OF TRUSTEES, EMPLOYEES PROVIDENT FUND, NEW DELHI, REPRESENTED BY ITS CHAIRMAN. 2. CENTRAL PROVIDENT FUND COMMISSIONER, NEW DELHI-66. 3. REGIONAL PROVIDENT FUND COMMISSIONER, PATTOM, TRIVANDRUM-4. BY ADV. SRI.N.N. SUGUNAPALAN, SC, P.F. RESPONDENTS: ------------- 1. S.SUBBUSWAMY, ASST.PROVIDENT FUND COMMISSIONER (RETIRED), SRA 57, SANGAMA NAGAR, SRI CHITRA QUARTERS LANE, POONTHI ROAD, TRIVANDRUM-1. 2. CENTRAL ADMINISTRATION TRIBUNAL, ERNAKULAM BENCH, KALOOR, KOCHI-17, REPRESENTED BY ITS REGISTRAR. 3. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTY OF LABOUR, NEW DELHI-110 001. BY ADV. SRI.SUNNY XAVIER, ACGSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE MEMORANDUM OF ORIGINAL APPLICATION IN O.ANO. 204 OF 2003 FILED BY THE FIRST RESPONDENT BEFORE THE CAT, ERNAKULAM BENCH WITHOUT ANNEXURES. EXT.P2 TRUE COPY OF O.M.F. NO. 45/86/97 P & PW (A) PART I DATED 27.10.97 ISSUED BY THE DEPT. OF PENSION AND PENSIONERS' WELFARE, GOVERNMENT OF INDIA. EXT.P3 TRUE COPY OF ORDER NO. KR/ADM-IV(4)/PEN/88/99/DATED 13.4.99 ISSUED BY THE 4TH PETITIONER. EXT.P4 TRUE COPY OF O.M.NO. 45/86/97-P & PW (A) PART II DATED 27.10.97 ISSUED BY THE DEPT. OF PENSION AND PENSIONERS' WELFARE, GOVERNMENT OF INDIA. EXT.P5 TRUE COPY OF OM NO. 45/86/97-P &PW (A) PART I DATED 18.10.99 ISSUED BY THE DEPT. OF PENSION AND PENSIONERS' WELFARE, GOVERNMENT OF INDIA. EXT.P6 TRUE COPY OF ORDER OF THE CAT ERNAKULAM BENCH DATED 7.9.201 IN O.ANO. 1205 OF 2000 EXT.P7 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 4.1.2002 IN OP 32459 OF 2001 EXT.P8 TRUE COPY OF REPRESENTATION DATED 10.6.2002 SUBMITTED BY THE FIRST RESPONDENT BEFORE 3RD RESPONDENT. EXT.P9 TRUE COPY OF THE REPLY STATEMENT FILED BY THE PETITIONERS HEREIN BEFORE THE CAT, ERNAKULAM IN O.ANO. 204 OF 2003 EXT.P10 TRUE COPY OF ORDER OF THE CAT, ERNAKULAM IN O.A.NO. 204 OF 2003 DATED 28.11.2003 EXT.P11 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 5.8.2003 IN WPC 18705 OF 2003 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C .N. RAMACHANDRAN NAIR & T.R. RAMACHANDRAN NAIR, JJ. -------------------------------------------- W.P.C. No. 16594 OF 2004 -------------------------------------------- Dated this the 23rd day of January, 2008 JUDGMENT C.N. Ramachandran Nair,J. This WPC is defective for the reason that notice is not served on the first respondent. However, on going through the impugned order of the Central Administrative Tribunal we find that the Tribunal has allowed the claim of the first respondent based on Division Bench judgment of this Court in W.P.C.No. 18705 of 2003. We therefore dismiss this W.P.C. following the said judgment. (C.N.RAMACHANDRAN NAIR) Judge. (T.R.RAMACHANDRAN NAIR) Judge. kk 2