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2025 DAILYLAW 2995 (KER)

DIRECTOR OF ACCOUNTS (POSTAL) v. THOMAS POTHEN

OP (CAT)/9/2020 · 2025-03-05

Amit Rawal, K V Jayakumar

body2025

Judgment text

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR WEDNESDAY, THE 5TH DAY OF MARCH 2025 / 14TH PHALGUNA, 1946 OP (CAT) NO. 9 OF 2020 AGAINST THE ORDER DATED 23.10.2018 IN O.A.NO.1071 OF 2017 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH PETITIONERS/RESPONDENTS IN O.A.: 1 DIRECTOR OF ACCOUNTS (POSTAL), KERALA CIRCLE, TRIVANDRUM 695 001. 2 CHIEF POSTMASTER GENERAL, KERALA CIRCLE, TRIVANDRUM 695 033. 3 UNION OF INDIA , REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PENSION AND PENSIONERS WELFARE, LOKNAYAK BHAVAN, KHAN MARKET, NEW DELHI 110 001. BY ADV. SRI.T.C.KRISHNA, DSGI (IN CHARGE) RESPONDENT/APPLICANT IN THE O.A.: THOMAS POTHEN S/O. LATE P .J. POTHEN, ASSISTANT POST MASTER, (TREASURY (HSC-1) (RETD) PUTHENPURAKKAL, PUTHUPALLY, KOTTAYAM DISTRICT 686 011. BY ADV. SRI C S GOPALAKRISHNAN NAIR OP (CAT) NO. 9 OF 2020 -2- 2025:KER:26077 THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 05.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP (CAT) NO. 9 OF 2020 -3- 2025:KER:26077 JUDGMENT AMIT RAWAL, J. Learned counsel for the respondent/applicant in O.A. submits that the arrears have been cleared and nothing survives in this original petition. In view of the submission aforesaid, O.P.(CAT) is dismissed as infructuous. Sd/- AMIT RAWAL JUDGE Sd/- K. V. JAYAKUMAR JUDGE vv OP (CAT) NO. 9 OF 2020 -4- 2025:KER:26077 APPENDIX OF OP (CAT) 9/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE OA NO. 180/001071/2017 FILED BY THE PETITIONER DATED 12.12.2017 BEFORE THE CAT, ERNAKULAM BENCH. EXHIBIT P1 (A1) TRUE COPY OF THE PPO NO. 11714/LPS/TVM. EXHIBIT P1 (A2) TRUE COPY OF THE ORDER NO. ST/3-3/2004 DATED 10.6.2005 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P1 (A3) TRUE COPY OF THE RELEVANT PORTION OF FIRST SCHEDULE O SECTION II OF CCS (REVISED PAY) RULES 2008. EXHIBIT P1 (A4) TRUE COPY OF THE FITMENT TABLE ANNEXED TO CCS (RP) RULES 2008. EXHIBIT P1 (A5) TRUE COPY OF THE ORDER DATED 16.08.2013 IN OA NO. 715/2012 ISSUED BY THE CAT, ERNAKULAM BENCH. EXHIBIT P1 (A6) TRUE COPY OF THE ORDER IN PRO NO. 2565/2015 IN SLPO NO. 6567/2015 DATED 28.8.2015. EXHIBIT P1 (A7) TRUE COPY OF THE JUDGMENT IN OP(CAT) NO. 169/2015 ISSUED BY THE HIGH COURT OF KERALA. EXHIBIT P1 (A8) TRUE COPY OF THE ORDER DATED 16.3.2017 IN OA NO. 526/2016 ISSUED BY THE CAT, ERNAKULAM BENCH. EXHIBIT P1 (A9) TRUE COPY OF THE REPRESENTATION DATED 16.74016 OP (CAT) NO. 9 OF 2020 -5- 2025:KER:26077 EXHIBIT P1 (A10) TRUE COPY OF THE REPRESENTATION DATED 05.04.2017. EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE PETITIONER IN OA NO. 180/001071/2017 DATED 12.06.2018. EXHIBIT P2 (R1) TRUE COPY OF DOP & PW OM F NO. 38/37/08-P&PW(A) DATED 11.02.2009 ISSUED BY DEPARTMENT OF PENSION AND PENSIONERS WELFARE. EXHIBIT P2 (R2) TRUE COPY OF POSTAL DIRECTORATE VIDE THEIR LETTER NO. 26-17/13-PA (PEA) DATED 10.07.2013 ISSUED BY POSTAL ACCOUNT WING. EXHIBIT P2 (R3) TRUE COPY OF MINISTRY OF FINANCE, DEPARTMENT OF EXPENDITURE ID NOTE NO. 20/EV/2016 DATED 22.01.2016. EXHIBIT P3 TRUE COPY OF THE ORDER IN OA 180/001071/2017 DATED 23.10.2018 ISSUED BY THE CAT ERNAKULAM BENCH.