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 TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 WP(C).No. 14751 of 2005(S) -------------------------- OA.156/2004 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER: ------------ 1. UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSION, NEW DELHI. 2. THE COMMISSIONER OF CUSTOMS, CUSTOM HOUSE, WILLINGDON ISLAND, COCHIN 682 009. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR RESPONDENTS: ------------- K.M.SUSHEELA DEVI, EXAMINER OF CUSTOMS (RTD.), SREE GITANJALI, PALARIVATTUM, COCHIN-25. BY ADV. K.M.SUSEELA DEVI (PARTY) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2008, THE COURT ON 08/04/2008 DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF OA NO.156/2004 DT.19.2.2004 OF THE CAT, ERNAKULAM. P2: TRUE COPY OF REPLY STATEMENT FILED BY PETITIONERS HEREIN IN O.A.156/2004 DATED NIL. P3: TRUE COPY OF ORDER DT.22.11.2004 IN OA NO.156/2004. P4: TRUE COPY OF REVIEW APPLICATION FILED BY RESPONDENT HEREIN IN O.A. 156/2004 DT.4.1.2005. P5: TRUE COPY OF ORDER DT.20.1.2005 IN RA 2/2005 IN O.A. 156/2004. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR & T.R.RAMACHANDRAN NAIR, JJ. .................................................................... W.P.(C) No.14751 of 2005 .................................................................... Dated this the 8th day of April, 2008. JUDGMENT T.R.Ramachandran Nair, J. Respondents before the Central Administrative Tribunal are the petitioners herein. They are aggrieved by Ext.P5 order passed by the Tribunal in a review petition filed by the respondent herein. 2. The Tribunal as per Ext.P3 disposed of a batch of Original Applications wherein the applicants claimed the benefit of revised pension. Holding that the cut off date fixed is arbitrary, the Tribunal allowed certain Original Applications taking the view that persons who have retired after 1.7.1993 are entitled to have the benefit of the revised pension scheme. But the O.A. filed by the respondent herein was dismissed for the reason that she retired prior to that date. Subsequently the respondent filed review petition contending that the actual date of retirement is 30.6.1993 and there was a mistake in the O.A. wherein the date of retirement was noted as 30.4.1992. The Tribunal then passed Ext.P5 order following the judgment of a Division Bench of this Court in UNION OF INDIA & ORS. V. K.J.GEORGE & ORS. (W.P.(C) No.18705/2003) and allowed the 2 application for review. In the said judgment the Division Bench took the view that persons who have retired from service on 30.6.1993 are entitled to have the benefit of revised pay which is effective from 1.7.1993. The above judgment of this court stands reversed by the apex court in Civil Appeal Nos.789 and 2908 of 2005. In the light of the fact that this judgment stands reversed by the apex court, the order passed by the Tribunal cannot be sustained. Apart from that, the respondent herein had retired from service on 30.6.1993 and she became a pensioner on that day. Therefore, she will be entitled for pension only as per the pension scheme that was in force on that day and she will not be entitled to pension based on revised scheme which came into force only on 1.7.1993. That scheme can have application only to persons who have retired from the said date. In that view of the matter also, we find that the order passed by the Tribunal cannot be sustained. Therefore, the Writ Petition is allowed setting aside the order passed by the Tribunal as Ext.P5. C.N.RAMACHANDRAN NAIR Judge T.R.RAMACHANDRAN NAIR Judge pms