K. Balakrishnan, Retired Postmaster, Kollam District and Others Vs. Mrs. Sobha Koshy, the Chief Postmaster General, Kerala Circle, Thiruvananthapuram - Court Judgment

SooperKanoon Citationsooperkanoon.com/939482
CourtCentral Administrative Tribunal CAT Ernakulam
Decided OnJan-12-2010
Case NumberC.P.(C) No. 86 of 09 in O.A. No. 633 of 2007
JudgeHONOURABLE MR. GEORGE PARACKEN, JUDICIAL MEMBER & HONOURABLE MR. K. GEORGE JOSEPH, ADMINISTRATIVE MEMBER
AppellantK. Balakrishnan, Retired Postmaster, Kollam District and Others
RespondentMrs. Sobha Koshy, the Chief Postmaster General, Kerala Circle, Thiruvananthapuram
Advocates:For the Petitioners: Shri B. Unnikrishna Kaimal, Advocate. For the Respondent: Mr. Sunil Jacob Jose, SCGSC.
Excerpt:
hon'ble mr. george paracken, judicial member this contempt petition has been filed by the applicants in o.a. no. 633/07 for the alleged non-implementation of the order of this tribunal dated 16.10.2008 in the said o.a. the operative part of the said order was as under: -"9. in view of the above, it is clear that in not granting to the applicants, the same benefits as extended to a number of individuals similarly situated as the applicants, the respondents have flagrantly practiced a hostile discrimination, which is impermissible as art. 14 and 16 forbids hostile discrimination; vide state of kerala vs n.m. thomas, 1976 (2) scc 310. the respondents cannot be allowed to practice such a hostile discrimination to the applicants. thus, the applicants are equally entitled to all those benefits, which have percolated to the applicants in oa no. 809/02, and other connected petitions. this tribunal has passed the following order in the said oa:- "in the conspectus of facts and circumstances, we direct the respondents to extend the benefits of annexure a-6 and annexure a-9 orders of the tribunal to the present applicants also who are admittedly seniors to the applicants to grant all benefits including promotion to the cadre of hsg ii with effect from 3-6-1988 and to the cadre of hsg i with effect from 25-10-1995 with all consequential benefits as has been done in the case of their juniors sreenivasan nair and aj chandy " 10. the above order is equally applicable to the applicants in this oa with a further direction that the last pay drawn shall be worked out on the basis of their promotion to the grade of hsg i w.e.f. 25-10-1995 and terminal benefits and pension worked out accordingly. the respondents shall accordingly calculate the arrears of pay and allowances as well as the difference in the quantum of terminal benefits as well as pension and make available the same to the respondents. in addition, future pension shall also be duly worked out and the same shall be continued to be paid. 11. time schedule calendared is as under: - a) consideration for promotion to the grade of hsg ii and hsg i - 4 months from the date of communication of this order. b) working out of the pay and allowances consequent to the above said promotion if found suitable - 2 months thereafter. c) payment of arrears of pay and allowances and difference in the quantum of terminal benefits - one month thereafter i.e. within 7 months from the date of communication of this order. d) payment of future revised pension based on the promotion as above within 7 months from the date of communication of this order. 12. the oa is allowed on the above terms. under the above circumstances, there shall be no orders as to cost." 2. today, when the matter was taken up for hearing, counsel for the respondents has produced the annexure r-1 memo no. st/3-3/oa 633/07 dated 11.1.2010 issued by the chief postmaster general, kerala circle, trivandrum, granting deemed promotions to all the applicants in o.a. no. 633/07 and o.a. no. 317/08 to the cadre of hsg ii with effect from 3.6.1988 and to the cadre of hsg i with effect from 25.10.1995. 3. in view of the above order, we consider that the aforesaid order of this tribunal has been substantially complied with. the respondents shall ensure that consequential benefits of the promotion shall be made available to the applicants without any further delay. 4. with the aforesaid directions, this contempt petition is closed. there shall be no order as to costs.
Judgment:

HON'BLE Mr. GEORGE PARACKEN, JUDICIAL MEMBER

This Contempt Petition has been filed by the applicants in O.A. No. 633/07 for the alleged non-implementation of the order of this Tribunal dated 16.10.2008 in the said O.A. The operative part of the said order was as under: -"9. In view of the above, it is clear that in not granting to the applicants, the same benefits as extended to a number of individuals similarly situated as the applicants, the respondents have flagrantly practiced a hostile discrimination, which is impermissible as Art. 14 and 16 forbids hostile discrimination; vide State of Kerala vs N.M. Thomas, 1976 (2) SCC 310. The respondents cannot be allowed to practice such a hostile discrimination to the applicants. Thus, the applicants are equally entitled to all those benefits, which have percolated to the applicants in OA No. 809/02, and other connected petitions. This Tribunal has passed the following order in the said OA:-

"In the conspectus of facts and circumstances, we direct the respondents to extend the benefits of Annexure A-6 and Annexure A-9 orders of the Tribunal to the present applicants also who are admittedly seniors to the applicants to grant all benefits including promotion to the cadre of HSG II with effect from 3-6-1988 and to the cadre of HSG I with effect from 25-10-1995 with all consequential benefits as has been done in the case of their juniors Sreenivasan Nair and AJ Chandy "

10. The above order is equally applicable to the applicants in this OA with a further direction that the last pay drawn shall be worked out on the basis of their promotion to the Grade of HSG I w.e.f. 25-10-1995 and terminal benefits and pension worked out accordingly. The respondents shall accordingly calculate the arrears of pay and allowances as well as the difference in the quantum of terminal benefits as well as pension and make available the same to the respondents. In addition, future pension shall also be duly worked out and the same shall be continued to be paid.

11. Time schedule calendared is as under: -

a) Consideration for promotion to the grade of HSG II and HSG I - 4 months from the date of communication of this order.

b) Working out of the pay and allowances consequent to the above said promotion if found suitable - 2 months thereafter.

c) Payment of arrears of pay and allowances and difference in the quantum of terminal benefits - one month thereafter i.e. within 7 months from the date of communication of this order.

d) Payment of future revised pension based on the promotion as above within 7 months from the date of communication of this order.

12. The OA is allowed on the above terms. Under the above circumstances, there shall be no orders as to cost."

2. Today, when the matter was taken up for hearing, counsel for the respondents has produced the Annexure R-1 Memo No. ST/3-3/OA 633/07 dated 11.1.2010 issued by the Chief Postmaster General, Kerala Circle, Trivandrum, granting deemed promotions to all the applicants in O.A. No. 633/07 and O.A. No. 317/08 to the cadre of HSG II with effect from 3.6.1988 and to the cadre of HSG I with effect from 25.10.1995.

3. In view of the above order, we consider that the aforesaid order of this Tribunal has been substantially complied with. The respondents shall ensure that consequential benefits of the promotion shall be made available to the applicants without any further delay.

4. With the aforesaid directions, this Contempt Petition is closed. There shall be no order as to costs.