High Court of KeralaDivision BenchThe original petitions are disposed of; No cost...
OP (CAT) Nos.180, 209 & 214 of 2018
Case / Petition Number:OP(CAT).Nos.180, 209 & 214 of 2018
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- V. Chitambaresh
- Ashok Menon
- Judgment Date
- 2019-09-20
- Court Decision / Holding
- The three original petitions are disposed of. The common CAT order is set aside and the OA Nos. 578/2014, 844/2014, and 846/2014 are remitted to the Central Administrative Tribunal for fresh consideration in the light of the observations above. The CAT is directed to pass fresh orders within three months from today. No costs.
- Final Disposition
- The original petitions are disposed of; No costs. The CAT is to reconsider the matters with regard to Annexures A15 and A16 and pass fresh orders within three months.
Parties to the Case
Appellants / Petitioners
- Arjun Ambalapatta
- Subramanian V.
- Ratheesh Babu P.
Respondents
- Union of India
- The National Investigation Agency
- Government of India
- The Superintendent of Police, National Investigation Agency
- State of Kerala
Legal Representation & Advocates
Counsels for Petitioners
- • Kum.Niharika Hema Raj
- • Sri.Nirmal. S
Counsels for Respondents
- • Sri.T.V.Vinu, CGC
- • Sri.M.Ajay, Spl. P.P for NIA
- • Sri.P.N.Santhosh
Case Synopsis & Summary
Three OP(CAT) petitions filed under OP(CAT) Nos.180/2018, 209/2018 and 214/2018 were heard together and disposed of by a Division Bench of the Kerala High Court on 20 September 2019. The petitions challenge common CAT orders dated 30 August 2018 in OA Nos.578/2014, 844/2014 and 846/2014, concerning salary recovery and related pay-allocation issues. The court agrees with the CAT that the State’s undertaking to refund any excess salary found later negates the applicability of the State of Punjab and others v. Rafiq Masih (White Washer) dictum to these facts, citing Annexure R1(b) undertaking and the Jagdev Singh decision (AIR 2016 SC 3523) as not faulted due to the undertaking. Crucially, the court finds that the CAT did not properly adjudicate the challenge to Annexures A15 and A16, under which petitioners claim a higher pay or different pay-treatment, and that the CAT’s reliance on the Guwahati Bench’s OA 166/2013 requires fresh examination in light of the undertaking. Consequently, the court sets aside the CAT’s common order and remits the three OAs to the CAT for fresh consideration within three months, regarding the Annexures A15/A16 issues. The petitions are disposed of with no costs.
Legal Doctrines & Maxims
- Rafiq Masih (White Washer) dictum
- Undertaking to refund excess salary on finding of excess
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners challenge the CAT’s approach to Annexures A15 and A16, contending they were not given proper consideration and that they were legally entitled to a higher pay. They rely on the express undertaking to refund any excess salary if later found and argue that the CAT erred by heavily relying on the Guwahati Bench’s OA 166/2013. They maintain that the underlying question of pay enhancement and the effect of the Annexures must be decided independently, otherwise there would be no real excess to recover. They also contend that they are not identically placed with the OA in 166/2013, and thus the CAT’s reasoning warrants fresh evaluation.
Contentions of Respondents
The respondents argue that the CAT correctly applied the undertaking to refund any excess salary and that the Rafiq Masih dictum does not apply to these facts. They emphasize the need to remand for fresh consideration only as to Annexures A15 and A16 while upholding the undertaking-based recovery framework. They rely on established practice that refunds are permissible when an undertaking exists and point to the Jagdev Singh decision as supportive in light of the undertaking. They contend the CAT’s earlier order was consistent with these principles and that the sole issue requires re-evaluation to ensure correctness in light of the undertaking.
Cited Precedents (2)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| State of Punjab and others v. Rafiq Masih (White Washer) and others | AIR 2015 SC 696 | Distinguished | The court held that the dictum does not apply to the facts here due to an express undertaking to refund any excess salary. |
| High Court of Punjab and Haryana & others v. Jagdev Singh | AIR 2016 SC 3523 | Positive | The CAT’s reliance on this decision is not faulted in view of the undertaking. |
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Extracted Judgment Text
Exact text extracted from official judgment records.
# **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE V.CHITAMBARESH**
**&**
**THE HONOURABLE MR. JUSTICE ASHOK MENON**
**FRIDAY, THE 20TH DAY OF SEPTEMBER 2019 / 29TH BHADRA, 1941**
**OP (CAT).No.180 OF 2018**
**AGAINST THE ORDER DATED 30.08.2018 IN O.A.NO.578/2014 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH**
## **PETITIONER/APPLICANT IN THE O.A.:**
**ARJUN AMBALAPATTA AGED 41 YEARS S/O VENUGOPALAN PRESENTLY WORKING AS PUBLIC PROSECUTOR, NATIONAL INVESTIGATION AGENCY, KOCHI.**
## **BY ADV. KUM.NIHARIKA HEMA RAJ**
## **RESPONDENTS:**
**1 UNION OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, SOUTH BLOCK, NEW DELHI, PIN – 110 001. 2 THE NATIONAL INVESTIGATION AGENCY REPRESENTED BY THE INSPECTOR GENERAL OF POLICE(ADMN), NATIONAL INVESTIGATION AGENCY, HEAD QUARTERS,JAWAHARLAL NEHRU STADIUM, OPP.CGO COMPLEX,NEW DELHI-110003. 3 GOVERNMENT OF INDIA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PERSONNEL AND TRAINING, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS, NORTH BLOCK,NEW DELHI-110001.**
**4 THE SUPERINTENDENT OF POLICE, NATIONAL INVESTIGATION AGENCY, MINISTRY OF HOME AFFAIRS, HOUSE NO.28/443, GIRI NAGAR, KADAVANTHRA,ERNAKULAM,KOCHI-682020.**
OP(CAT).Nos.180, 209 & 214 of 2018
2
**5 STATE OF KERALA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM-695001.**
**R1, R3 BY SRI.T.V.VINU, CGC R2, R4 BY SRI.M.AJAY, SPL. P.P FOR NIA**
## **OTHER PRESENT:**
## **SRI.P.N.SANTHOSH-SR.GP FOR R5**
**THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 19.09.2019, ALONG WITH OP (CAT).209/2018 & OP (CAT).214/2018, THE COURT ON 20.09.2019 DELIVERED THE FOLLOWING:**
OP(CAT).Nos.180, 209 & 214 of 2018
3
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE V.CHITAMBARESH**
**&**
**THE HONOURABLE MR. JUSTICE ASHOK MENON**
**FRIDAY, THE 20TH DAY OF SEPTEMBER 2019 / 29TH BHADRA, 1941**
**OP (CAT).No.209 OF 2018**
**AGAINST THE ORDER DATED 30.08.2018 IN O.A.NO.844/2014 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH**
## **PETITIONER/APPLICANT IN THE O.A.:**
**SUBRAMANIAN V., AGED 50 YEARS S/O VELAYUDHAN, VALLETTAYIL HOUSE, CHELEMBRA P.O., MALAPPURAM - 673 636, PRESENTLY WORKING AS CASHIER, OFFICE OF THE DISTRICT POLICE CHIEF, VADAKARA, KOZHIKODE RURAL, KOZHIKODE - 673 001.**
**BY ADV. SRI.NIRMAL. S**
## **RESPONDENTS:**
|**1**|**UNION OF INDIA**|
|---|---|
||**REPRESENTED BY SECRETARY, MINISTRY OF HOME AFFAIRS,**|
||**GOVERNMENT OF INDIA, SOUTH BLOCK,**|
||**NEW DELHI - 110 001.**|
|**2**|**THE NATIONAL INVESTIGATION AGENCY**|
|---|---|
||**REPRESENTED BY THE INSPECTOR GENERAL OF POLICE**|
||**(ADMN), NATIONAL INVESTIGATION AGENCY,**|
||**6TH AND 7TH FLOOR, NDCC II BUILDING,**|
||**JAI SINGH ROAD, NEW DELHI-110 001.**|
|**3**|**GOVERNMENT OF INDIA**|
||**REPRESENTED BY ITS SECRETARY,**|
||**DEPARTMENT OF PERSONNEL AND TRAINING,**|
||**MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND**|
||**PENSIONS, NORTH BLOCK, NEW DELHI-110 001.**|
OP(CAT).Nos.180, 209 & 214 of 2018
4
|**4**|**THE SUPERINTENDENT OF POLICE (O)**|
|---|---|
||**NATIONAL INVESTIGATION AGENCY,**|
||**MINISTRY OF HOME AFFAIRS,**|
||**HOUSE NO.28/443, GIRI NAGAR, KADAVANTHRA,**|
||**ERNAKULAM, KOCHI-682 020.**|
|**5**|**STATE OF KERALA**|
||**REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,**|
||**SECRETARIAT, THIRUVANANTHAPURAM-695001.**|
||**R1-4 BY SRI.T.V.VINU, CGC**|
||**R5 BY SR.GOVERNMENT PLEADER SRI.P.N.SANTHOSH**|
**THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 19.09.2019, ALONG WITH OP (CAT).180/2018 & OP (CAT).214/2018, THE COURT ON 20.09.2019 DELIVERED THE FOLLOWING:**
OP(CAT).Nos.180, 209 & 214 of 2018
5
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE V.CHITAMBARESH**
**&**
**THE HONOURABLE MR. JUSTICE ASHOK MENON**
**FRIDAY, THE 20TH DAY OF SEPTEMBER 2019 / 29TH BHADRA, 1941**
**OP (CAT).No.214 OF 2018**
**AGAINST THE ORDER DATED 30.08.2018 IN O.A.NO.846/2014 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH**
## **PETITIONER/APPLICANT:**
**RATHEESH BABU P., S/O.V.N.PANKAJAKSHAN, AGED 39 YEARS, NANGANATTU HOUSE, PERUMBALAM P O, CHERTHALA, ALAPPUZHA-688570, NOW WORKING AS CIVIL POLICE OFFICER NO.10920, DHQ COY, ARMED RESERVE, KOCHI CITY, KERALA POLICE.**
**BY ADV. SRI.NIRMAL. S**
## **RESPONDENTS:**
|**1**|**UNION OF INDIA,**|
|---|---|
||**REPRESENTED BY SECRETARY, MINISTRY OF HOME AFFAIRS,**|
||**GOVERNMENT OF INDIA, SOUTH BLOCK,**|
||**NEW DELHI-110 001.**|
|**2**|**THE NATIONAL INVESTIGATION AGENCY,**|
||**REPRESENTED BY THE INSPECTOR GENERAL OF**|
||**POLICE(ADMIN.), NATIONAL INVESTIGATION AGENCY,**|
||**6TH AND 7TH FLOOR, NDCC II BUILDING,**|
||**JAISINGH ROAD, NEW DELHI-110 001.**|
|**3**|**GOVERNMENT OF INDIA,**|
||**REPRESENTED BY ITS SECRETARY,**|
||**DEPARTMENT OF PERSONNEL AND TRAINING, MINISTRY OF**|
||**PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS,**|
||**NORTH BLOCK, NEW DELHI-110 001.**|
OP(CAT).Nos.180, 209 & 214 of 2018
6
|**4**|**THE SUPERINTENDENT OF POLICE,**|
|---|---|
||**NATIONAL INVESTIGATION AGENCY,**|
||**MINISTRY OF HOME AFFAIRS,**|
||**HOUSE NO.28/443, GIRI NAGAR, KADAVANTHRA,**|
||**ERNAKULAM, KOCHI-682 020.**|
|**5**|**STATE OF KERALA,**|
||**REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,**|
||**SECRETARIAT, THIRUVANANTHAPURAM-695 001.**|
||**R1-4 BY SRI.T.V.VINU, CGC**|
||**R5 BY SR. GOVERNMENT PLEADER SRI.P.N.SANTHOSH**|
**THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 19.09.2019, ALONG WITH OP (CAT).180/2018 & OP (CAT).209/2018, THE COURT ON 20.09.2019 DELIVERED THE FOLLOWING:**
OP(CAT).Nos.180, 209 & 214 of 2018
7
## Judgment
## Chitambaresh, J.
- 1.These original petitions arise from a common order and are hence disposed of together. We shall refer to the Exhibits in O.P(CAT).No.180/2018 for convenience.
- 2.We heard Niharika Hema Raj, Advocate and Veena Hari, Advocate for the petitioners. We also heard T.V.Vinu, Central Government Counsel in the cases.
- 3.The Central Administrative Tribunal (CAT) was right in its conclusion that the dictum in State of Punjab and others v. Rafiq Masih (White Washer) and others [AIR 2015 SC 696] does not apply to the facts situation. This is because there is an express undertaking by the petitioners to refund the excess amount of salary received in case found to be in excess at a later stage. The reliance made by the CAT on the decision in High Court of Punjab and Haryana & others v. Jagdev Singh [AIR 2016 SC 3523] cannot be faulted with in view of Annexure R1(b) undertaking.
OP(CAT).Nos.180, 209 & 214 of 2018
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4.However the challenge to Annexures A15 and A16 orders in the original application has not been considered by the CAT in the proper perspective wherein the petitioner asserts that he was entitled to a higher pay. The CAT has omitted to consider this pivotal issue merely relying on the order of its Guwahati Bench in O.A.No.166/2013 which the petitioner has attempted to distinguish. The petitioner contends that he was not similarly placed as the applicant in O.A.No.166/2013 referred to supra and that the nature of the option given also vastly differs. It is the case of the petitioner that there would be no excess amount to be recovered if the challenge to Annexures A15 and A16 orders were considered by the CAT independently.
- 5.We do feel that the matter requires a re-look by the CAT especially in the context of the specific challenge to Annexures A15 and A16 orders which were omitted to be considered and dealt with. We therefore set aside the impugned common order and remit the three original applications to the CAT for fresh consideration in the light of the observations made above.
- 6.The CAT shall endeavour to pass fresh orders within a period of
OP(CAT).Nos.180, 209 & 214 of 2018
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three months from today.
The original petitions are disposed of. No costs.
Sd/-
## V. CHITAMBARESH, JUDGE
Sd/ASHOK MENON, JUDGE
**Sha/190919**
OP(CAT).Nos.180, 209 & 214 of 2018
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## **APPENDIX OF OP (CAT) 180/2018**
## **PETITIONER'S EXHIBITS:**
**EXHIBIT P1 TRUE COPY OF THE INTERIM ORDER DATED 09/06/2014 IN O.A.180/00395/2014. EXHIBIT P2 TRUE COPY OF THE AMENDED O.A.180/00578/2014 WITH ANNEXURES. EXHIBIT P3 TRUE COPY OF THE COUNTER REPLY DATED 07/12/2015 WITH ANNEXURES R1(A) TO R1(T). EXHIBIT P4 TRUE COPY OF THE ORDER DATED 30.08.2018 IN O.A.180/00578/2014. EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER IN WP(C)NO.29286/2015 DT.16/11/2015 BEFORE THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND ANDHRA PRADESH.**
**RESPONDENTS' EXHIBITS: EXHIBIT R2(A) TRUE COPY OF THE KERALA GOVERNMENT GO(P)85/2011/FIN DATED 26.02.2011.**
OP(CAT).Nos.180, 209 & 214 of 2018
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## **APPENDIX OF OP (CAT) 209/2018**
**PETITIONER'S EXHIBITS:**
**EXHIBIT P1 TRUE COPY OF THE O.A.180/00844/2014 DATED 1.10.2014. EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT DATED 12.1.2015. EXHIBIT P3 TRUE COPY OF THE ORDER DATED 30.8.2018 IN O.A.180/00844/2014. EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER IN O.P.(CAT) 180/2018 FILED BY ARJUN AMBALAPATTA.**
## **RESPONDENTS' EXHIBITS: NIL**
OP(CAT).Nos.180, 209 & 214 of 2018
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## **APPENDIX OF OP (CAT) 214/2018**
**PETITIONER'S EXHIBITS:**
**EXHIBIT P1 TRUE COPY OF THE O.A.180/00846/2014 WITH ANNEXURES. EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT DATED 12.01.2015 WITH ANNEXURES R4(1) TO R4(8). EXHIBIT P3 TRUE COPY OF THE ORDER DATED 30.08.2018 IN O.A.180/00846/2014. EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER IN OP(CAT)180/2018 FILED BY ARJUN AMBALAPATTA.**
**RESPONDENTS' EXHIBITS: NIL**