IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN &

THE HONOURABLE MR. JUSTICE P.G. AJITHKUMAR MONDAY, THE

12TH DAY OF AUGUST 2024 / 21ST SRAVANA, 1946 OP(KAT) NO. 318 OF 2024 AGAINST THE ORDER DATED 04.01.2024 IN OA (EKM) NO.4 OF

2022 OF KERALA ADMINISTRATIVE TRIBUNAL AT THIRUVANANTHAPURAM (ADDITIONAL BENCH, ERNAKULAM)

PETITIONERS/RESPONDENTS IN O.A (E):

1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001

2 THE COMMISSIONER OF EXCISE COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM., PIN - 695033

3 THE DEPUTY COMMISSIONER OF EXCISE KASARGOD, CIVIL STATION, VIDYANAGAR.P.O., KASARGOD., PIN - 671123

4 THE ACCOUNTANT GENERAL (A&E)

KERALA THIRUVANANTHAPURAM., PIN - 695001 SMT VINITHA B - SR GP RESPONDENT/APPLICANT IN OA (E):

SREEDHARAN.K.V.

AGED 66 YEARS S/O K. KANNAN (LATE), EXCISE INSPECTOR (RETIRED), CHECK POST, MANJESHWAR, MANJESHWAR P.O., KASARGOD DIST. PIN 671 323 RESIDING AT SREENILAYAM NEAR BALAVADI, KADINHIMOOLA, THAIKKADAPPURAM P.O., NILESHWAR, KASARDOD DIST. PIN 671 314 CELL NO.9495479575., PIN - 671314 SRI MURALI PALLATH -RESPONDENT THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 12.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Anil K.Narendran, J.

The respondents in O.A.(EKM)No.4 of 2022, which is one filed by the respondent herein-applicant before the Kerala Administrative Tribunal - Additional Bench, Ernakulam, invoking the provisions under Section 19 of the Administrative Tribunal Act, 1985, are the petitioners in this original petition, which is one filed invoking the Supervisory Jurisdiction of this Court under Article 227 of the Constitution of India, challenging Ext.P4 order dated 04.01.2024 of the Tribunal in that original application. That original application was one filed by the respondent herein seeking an order to quash Annexure A4 communication dated 03.03.2020 issued by the Deputy Excise Commissioner, the 3^rd respondent therein. Annexure A6 is a copy of the Government letter No.1501170/Pen-B4/23/2020/Fin. dated 28.5.2020 and Annexure A8 is a copy of the Government letter No.PWC-A2/54/2020/Fin. dated 16.02.2021. The applicant has also sought for an order directing the 3^rd respondent therein to accept Annexure A3 application dated 14.12.2020 made by him and revise pensionary benefits in terms of Annexure A2 Government Order, i.e., G.O.(P)

No.102/2019/Fin. dated 14.8.2019, relaxing the time limit stipulated therein, and to disburse the consequential benefits. That original application along with the connected matter, i.e., O.A.(EKM)No.7 of 2022 was allowed by Ext.P4 order dated 4.01.2024 of the Tribunal. Paragraphs 8 to 10 of that order read thus;

“8. The only ground for rejecting the claims raised by the applicants in their representations is that they did not submit the applications within 3 months, as prescribed in Annexure A2 order.

9. In view of the judgment rendered by the Hon’ble High Court in W.P.(C)No.41761 of 2022 granting the benefit of additional days on account of leap years towards qualifying service notwithstanding the time limit prescribed Annexure A2, the applicants are also entitled to succeed in these Original Applications.

10. The orders Annexures A4, A6 and A8 in both these Original Applications are set aside. It is declared that the applicants would be entitled to get their pensionary benefits refixed reckoning the additional days in the leap years also towards the qualifying service as requested by them in their representations. Such refixation of pension shall be made within a period of three months from the date of receipt of a copy of this order. Applicants shall also be entitled to all consequential benefits in tune with Annexure A2 order.

The Original Applications are accordingly disposed of.”

2. In this original petition, the petitioners have stated that the Tribunal relied on the judgment dated 21.11.2023 of a lea