IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 WP(C).No. 34771 of 2009(S) -------------------------- OA.506/2008 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONERS: --------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY MINISTRY OF AGRICULTURE, KRISHI BHAVAN, NEW DELHI. 2. THE DIRECTOR GENERAL, INDIAN COUNCIL OF AGRICULTURAL RESEARCH, KRISHI BHAVAN, NEW DELHI. 3. THE DIRECTOR, CENTRAL MARINE FISHERIES RESEARCH INSTITUTE, P.B.NO.1603, ERNAKULAM NORTH P.O., KOCHI - 18. BY ADV. SRI.P.JACOB VARGHESE, SENIOR ADVOCATE SRI.VIVEK VARGHESE P.J. SRI.VARUGHESE M EASO SRI.P.J.VINOD JOSEPH SRI.TONE JOSEPH RESPONDENTS: --------------- A.RAJAN, RETIRED T-2 (MOTOR DRIVER) CMFRI, KOCHI. ADV. SRI.M.R.HARIRAJ SRI.P.A.KUMARAN SRI.SURAJ.S SRI.NIRMAL V NAIR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXHIBITS: P1: TRUE COPY OF FIRST PAGE OF SERVICE BOOK. P2: TRUE COPY OF ATTESTATION FORM SUBMITTED BY THE RESPONDENT. P3: TRUE COPY OF OFFICE ORDER NO.PF.884/PER. DT.23.5.07. P4: TRUE COPY OF O.A. NO.516/08 OF CAT, ERNAKULAM BENCH. P5: TRUE OCPY OF REPLY STATEMENT IN O.A. NO.516/08 OF CAT, ERNAKULAM BENCH FILED BY PETITIONERS. P6: TRUE COPY OF REJOINDER FILED BY RESPONDENT IN O.A. NO.516/08 OF CAT, ERNAKULAM BENCH. P7: TRUE COPY OF REPLY TO REJOINDER FILED BY PETITIONERS IN OA NO.516/08 OF CAT, ERNAKULAM BENCH. P8: TRUE COPY OF JUDGMENT DT.24.6.09 IN O.A. NO.516/08 OF CAT, ERNAKULAM BENCH. P9: TRUE COPY OF ORDER DT.11/8/06 IN O.A. 754/03 OF CAT, HYDERABAD BENCH. P10: TRUE COPY OF JUDGMENT DT.11.12.08 IN CA 7237/08 IN SLP NO.23646/07 OF HON'BLE SUPREME COURT. TRUE COPY P.S. TO JUDGE C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... W.P.(C) No.34771 of 2009 .................................................................... Dated this the 29th day of August, 2011. JUDGMENT Ramachandran Nair, J. On account of the wrong date of birth entered in the service records pertaining to the respondent, he was allowed to continue six months beyond normal period of retirement. The CMFRI allowed him to continue and paid wages for the six months' period beyond the normal period of retirement. However, the actual date of retirement was reckoned for the purpose of pension and other benefits. The salary and other benefits paid for the six months' period was recovered from terminal benefits against which respondent filed O.A. before the CAT. The CAT held that since respondent's continuance was not on account of his fault and since he worked for six months beyond the period of retirement, he should be paid wages for the actual period he worked. 2. Before us, the contention of the petitioner is that respondent's entitlement for salary and other benefits is only for the period of service. We do not find any ground to interfere with the Tribunal's 2 order because wages payable is for the work done and if the employer wanted, even six months' extension could have been granted on payment of wages. Logically and legally we do not find any infirmity with the order of the Tribunal. Consequently W.P.(C) is dismissed. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms