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UNION OF INDIA versus THE CENTRAL ADMINISTRATIVE TRIBUNAL,EKM

High Court of Kerala

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UNION OF INDIA v. THE CENTRAL ADMINISTRATIVE TRIBUNAL,EKM - OP No. 22529 of 2000(S) [2007] RD-KL 8383 (23 May 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 22529 of 2000(S)

1. UNION OF INDIA
... Petitioner

Vs

1. THE CENTRAL ADMINISTRATIVE TRIBUNAL,EKM.
... Respondent

For Petitioner :SRI.P.S.SREEDHARAN PILLAI, SCGSC

For Respondent :SRI.GOVINDA SWAMY

The Hon'ble MR. Justice K.S.RADHAKRISHNAN The Hon'ble MR. Justice ANTONY DOMINIC

Dated :23/05/2007

O R D E R

K.S.Radhakrishnan &

Antony Dominic, JJ.


========================
O.P.No.22529 of 2000
========================

Dated this the 23rd day of May, 2007.



JUDGMENT

Radhakrishnan,J.

We heard counsel for the petitioners and counsel for the respondents.

2. While disposing of the application, the following directions were given by the Tribunal:

"(a) The action on the part of the respondents to recover the relief on defence pension paid to the applicants on the basis of the judgments in OAs 1815/91, 1813/92 and 52/92 which has become final is unjustified and the respondents are directed not to make any recovery from the pay or pension of the applicants on the ground of payment of relief on pension made to them on the basis of those judgments.

(b) If any amount has been recovered from the applicants, the same shall be refunded to them within a period of two months from the date of receipt of a copy of this order. ( c) The prayer for declaration that the applicants are entitled to receive the relief on defence pension OP 22529/00 -: 2 :- continuously is not granted.

(d) No order as to costs". On the basis of the order passed by the Tribunal, the Government of India have already passed Ext.R8(a) order. By Ext.R8(a) it was ordered to refund the amount of dearness relief already recovered to the applicant. Taking note of the above, this Original Petition is closed. K.S.Radhakrishnan, Judge. Antony Dominic Judge. ess 23/5


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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