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2020 Supreme(Ker) 182

K.VINOD CHANDRAN, P.V.KUNHIKRISHNAN
Employees State Insurance Corporation Represented By Its Director General – Appellant
Versus
Naina P. S. , D/o. P. Satisan – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sri.Adarsh Kumar, Sri.Shashank Devan
For the Respondent: Sri.P.C.Sasidharan

JUDGMENT :

P.V. KUNHIKRISHNAN, J.

1. The short point to be decided in the Original Application is whether the Central Administrative Tribunal (for short Tribunal) can allow the prayers in an Original Petition, for the simple reason that, no reply to the Original Application is filed by the respondent, especially in the light of Rule 16 of the Central Administrative Tribunal (Procedure) Rule 1987 (for short Procedure Rules)

2. The petitioners herein are the respondents in OA No.892 of 2016 on the file of the Tribunal, Ernakulam Bench. The above Original Application was filed by the respondents herein (herein after the parties are mentioned in accordance to their rank before the Tribunal). The above Original Application is filed with following prayers:

    a. Quash Annexure A7 issued by the 1st respondent letter to the extend it denies the applicant the Non Practicing Allowance with effect from 1.1.2003

b. Declare that the applicant herein is entitled to be granted the Non Practicing Allowance with effect from 1.1.2003 onwards and to direct the respondents to draw and disburse the same to the applicant within a time frame;

c. Declare that the applicant herein is entitled to be granted fixation

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