IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 3RD NOVEMBER 2010 / 12TH KARTHIKA 1932 OP (CAT).No. 548 of 2010(S) --------------------------- OA.43/2009 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER ------------------------------ B.RADHAMANI AMMA, AGED 51 YEARS, W/O.LATE B.THULASIDHARAN PILLAI, EX-MOPLA KHALASI, (OFFICE OF THE DEPUTY CHIEF ENGINEER/GUAGE CONVERSION/HUBLI, PRESENTLY IN SOUTH WESTERN RAILWAY), R/AT.'JITHI BHAVAN', PERUMON P.O.,PERINAD,QUILON,KERALA-691601. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): --------------- 1. UNION OF INDIA, REP. BY THE GENERAL MANAGER, SOUTH CENTRAL RAILWAY, HEADQUARTERS OFFICE, SECUNDARABAD. 2. THE CHIEF ADMINISTRATIVE OFFICER/ CONSTRUCTION SOUTH CENTRAL RAILWAY, HEADQUARTERS OFFICE, SECUNDARABAD. 3. THE DEPUTY CHIEF ENGINEER/ GUAGE CONVERSION/CONSTRUCTION, PRESENTLY SOUTH WESTERN RAILWAY, HUBLI. 4. THE DIVISIONAL RAILWAY MANAGER, SOUTH WESTERN RAILWAY, HUBLI DIVISION, HUBHI DHARWAR DISTRICT, KARNATAKA. 5. THE GENERAL MANAGER, SOUTH WESTERN RAILWAY, HUBLI, DHARWAR DISTRICT, KARNATAKA. ADV. SRI.S.K.MURALEEDHARAN KAIMAL, SC,RAILWA FOR R1 TO 5 THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 03/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & K. SURENDRA MOHAN, JJ. -------------------------------------------- O.P.(CAT) NO. 548 OF 2010 -------------------------------------------- Dated this the 3rd day of November, 2010 JUDGMENT Ramachandran Nair, J. Heard counsel for the petitioner Sri. C. Rajendran and standing for the Railways Sri. Muraleedhara Kaimal. After hearing both sides and after going through the Tribunal's order, we do not find any ground for interference because the Tribunal allowed the O.A. filed by the petitioner granting her family pension. However, the petitioner's grievance is only against Tribunal's order limiting arrears of pension for three years prior to the date of filing of the Application. Petitioner's husband died way back on 24.10.1998 and the petitioner first limited her claim to compassionate appointment for her son, which was granted by the Railways. Later in 2009, 11 years after the death of husband of the petitioner, she claimed family pension which is also granted by the Tribunal. We are of the view that Tribunal rightly declined interest and limited eligibility for arrears of pension for three years prior to the OP (CAT) 548/2010 2 date of filing of the O.A. Therefore we dismiss the O.P. as devoid of any merit. (C.N. RAMACHANDRAN NAIR) Judge (K. SURENDRA MOHAN) Judge. kk OP (CAT) 548/2010 3