IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 WP(C).No. 10267 of 2006(S) -------------------------- OA.84/2005 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER(S): --------------- 1. THE DIRECTOR OF ACCOUNTS (POSTAL), KERALA CIRCLE, THIRUVANANTHAPURAM. 2. THE CHIEF POST MASTER GENERAL, KERALA CIRCLE, THIRUVANANTHAPURAM. 3. THE DIRECTOR GENERAL, DEPARTMENT OF POSTS, DAK BHAVAN, NEW DELHI. BY ADV. SRI.TPM.IBRAHIM KHAN,SENIOR PANEL COUNSEL RESPONDENT: --------------- 1. G.PAVITHRAN, SON OF LATE GOVINDAN, RETIRED SENIOR SUPERINTENDENT OF POST OFFICES, THRISSUR, RESIDING AT SOLEMN HOUSE, PALAYAMKUNNU.P.O, PIN CODE NO. 695 146. 2. THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH, KOCHI-682 017. ADV. SRI.P.C.SEBASTIAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/03/2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 10267/2006 APPENDIX PETITIONERS' EXTS. EXT.P1 - A PHOTOSTAT COPY OF THE ORIGINAL APPLICATION NO.84 OF 2005 ALONG WITH ITS ANNEXURES FILED BY THE FIRST RESPONDENT/APPLICANT BEFORE THE SECOND RESPONDENT CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. EXT.P2 - A PHOTOSTAT COPY OF THE REPLY STATEMENT FILED ON 30.5.2005 BY THE PETITIONERS/RESPONDENTS IN ORIGINAL APPLICATION NO.84 OF 2005 BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. EXT.-P3 - A PHOTOSTAT COPY OF THE REJOINDER FILED BY THE FIRST RESPONDENT DATED 29.4.2005 IN EXHIBIT P1 ORIGINAL APPLICATION BEFORE THE 2ND RESPONDENT TRIBUNAL. EXT.P4 - A PHOTOSTAT COPY OF THE ORDER DATED 6.9.2005 PASSED BY THE LEARNED CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH IN EXHIBIT P1 ORIGINAL APPLICATION NO.84 OF 2005. RESPONDENTS' EXTS. EXT.R1(a) – TRUE COPY OF LETTER NO.B2/RTI/2006 DATED 9.6.06 ISSUED BY THE SR. SUPERINTENDENT OF POST OFFICES, NAI MUMBAI DN PANEL TO THE RESPONDENT. EXT.R1(b) – TRUE COPY OF LETTER NO.B2/RTI ACT/OP/ACQ. ROLL/06 DATED 7.7.06 ISSED BY THE SR. SUPERINTENDENT OF RMS, MUMBAI DIVISION TO THE RESPONDENT. EXT.R1(c) – TRUE COPY OF THE LAST PAY CERTIFICATE AS ON 31.5.97 ISSUED BY THE POSTMASTER, ALLEPPEY IN RESPECT OF THE RESPONDENT. /TRUE COPY/ K.BALAKRISHNAN NAIR & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------- W.P.(C) NO. 10267 OF 2006-S ----------------------------------------- Dated 4th March, 2009. JUDGMENT Balakrishnan Nair, J. The respondents in O.A.No.84/2005 before the Central Administrative Tribunal, Ernakulam Bench are the writ petitioners. The respondent herein was the applicant. The respondent retired from the service of the writ petitioners on 1.3.2004. While computing his terminal benefits, the writ petitioners allegedly found out that one additional increment has been given to him in the year 1998. According to the writ petitioners, the respondent was granted increments on 5.5.1998 and 1.12.1998. Therefore, the said wrong payment was corrected and his basic pay was re-fixed. The same resulted in reduction of his terminal benefits, apart from the recovery of Rs.31784/- from his DCRG. Challenging those adverse proceedings, the Original Application was filed. The Tribunal upheld the contentions of the respondent/applicant and overruled the claim of the writ petitioners that the respondent drew two increments in the same WPC 10267/2006 2 year and granted the reliefs sought in the O.A., by Ext.P4 order dated 6.9.2005. The impugned proceedings Annexures -A4, A6, A7 and A8, to the extent they were adverse to the applicant, were set aside. Challenging Ext.P4 order of the C.A.T., this Writ Petition was filed. 2. The contentions, the writ petitioners unsuccessfully canvassed before the C.A.T., were again reiterated before this Court. To disprove the contention of the writ petitioners that he was granted an increment on 5.5.1998, the respondent moved the competent authority in the Mumbai office under whom he worked, under the Right to Information Act. The documents obtained by him have been produced as Exts.R1(a) and R1(b) along with his counter affidavit in this Writ Petition. Those documents would show that the respondent was drawing a basic pay of Rs.8750/- in the months of March, April, May and June, 1998. According to the writ petitioners, the respondent was entitled to draw his pay only at the rate of Rs.8500/- up to 1.12.1998. But, with effect from 5.5.1998, it was enhanced to Rs.8750/-. The said contention of the writ petitioners stands disproved, in view of the documents produced by the respondent along with his counter affidavit. Since the very foundation of the case of the writ petitioners is knocked down by the documents produced by the respondent, nothing WPC 10267/2006 3 survives in this Writ Petition to be considered. According, it is dismissed. K.BALAKRISHNAN NAIR, JUDGE. M.L.JOSEPH FRANCIS, JUDGE. nm/