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K. A. ABDUL GAFOOR, K. P. BALACHANDRAN
Union of India – Appellant
Versus
V Gopalakrishnan – Respondent
K.A. Abdul Gafoor, J.
1. This batch of writ petitioners are filed by the Union of India assailing a common judgment of the Central Administrative Tribunal, Ernakulam bench. The point mooted for debate is whether the Central Government Pensioners are entitled to the payment in terms of CS(MA) Rules, 1944 for the treatment they had undergone. Admittedly, the said Rules are applicable only for those in service. Fifth Pay Commission recommended to Central Government that the CS(MA) Rules, 1944 shall be extended to the Central Government Pensioners as well. The recommendation of the Fifth Pay Commission with regard to the revision of pay and other conditions of service had been implemented by issuing necessary orders. But the extension of CS(MA) Rules to the Pensioners was under correspondence. The Ministry of Department of Pension and Pensioners' Welfare in O. M. No.45/7497 PP and PW dated 15/04/1997 addressed the Department of Health Services with regard to the modalities for extension of the CS(MA) Rules and for evolving a scheme therefore. In reply, Annexure - A3 was issued conveying their 'No Objection' in implementing the scheme, but with the reservation that they would und
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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