IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 WP(C).No. 30943 of 2005(S) -------------------------- OA.272/2002 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER: ------------ 1. THE ADMINISTRATOR, UNION TERRITORY OF LAKSHADWEEP, KAVARATTI. 2. THE ACCOUNTS OFFICER, PRINCIPAL PAY AND ACCOUNTS, KAVARATTI. BY ADV. SRI.S.RADHAKRISHNAN RESPONDENTS: ------------- 1. P. JANAKY, RETD. TEACHER, GOVERNMENT HIGH SCHOOL, KADMATH, UTL, PEETAKANDIYIL HOUSE, NUT STREET, VADAKARA. 2. UNION OF INDIA,REP. BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. R2 BY ADV. SMT.MOLLY JACOB, CGC R1 BY ADV. SRI.V.B.HARI NARAYANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF THE ORIGINAL APPLICATION NO.272/2002 FILED BY THE APPLICANT. P2: TRUE COPY OF REPLY STATEMENT FILED BY PETITIONER/RESPONDENTS 2&3. P3: TRUE COPY OF THE ORDER PASSED BY THE CAT IN O.A. 272/2002 DT.23.2.05. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR & T.R.RAMACHANDRAN NAIR, JJ. .................................................................... W.P.(C) No.30943 of 2005 .................................................................... Dated this the 9th day of April, 2008. JUDGMENT C.N.Ramachandran Nair, J. Since the issue raised i.e. first respondent's entitlement for pension reckoning the Special Pay given in Lakshadweep is decided in favour of the petitioners and against the first respondent by Division Bench judgment of this court in W.P.(C) No.22461/2005 dated 2.1.2008 wherein the Division Bench held that Basic Pay for the purpose of pension does not include Special Pay, this W.P. is allowed quashing the order of the Tribunal and directing the petitioners to grant pension to the first respondent without reckoning Special Pay. Logically also the claim is not correct because Special Pay is given for serving in the Island off the main land and employees are not entitled to such benefits after they retire and settle in the main land. C.N.RAMACHANDRAN NAIR Judge T.R.RAMACHANDRAN NAIR Judge pms