IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 26874 of 2010(S)
1. THE SENIOR SUPERINTENDENT,
... Petitioner
2. THE CHIEF POSTMASTER GENERAL,
3. THE UNION OF INDIA, REPRESENTED BY
Vs
1. K.SASIDHARAN NAIR,
... Respondent
For Petitioner :SRI.S.KRISHNAMOORTHY, CGC
For Respondent : No Appearance
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :02/09/2010
O R D E R
C .N. RAMACHANDRAN NAIR, &
K. SURENDRA MOHAN, JJ.
--------------------------------------------
W. P. C. No. 26874 of 2010
--------------------------------------------
Dated this the 2nd day of September, 2010
JUDGMENT
Ramachandran Nair, J.
The order under challenge is Ext.P3 issued by the Central
Administrative Tribunal holding that the respondent-applicant is
entitled to the Biennial Cadre Review (BCR) benefit on completion of
26 years of qualifying service. We have heard standing counsel
appearing for the petitioner and have gone through the order of the
Tribunal. It is seen that Tribunal has followed Full Bench decision of
the Chandigarh Bench, which is affirmed by the Gujarath High Court.
Admittedly before retirement the respondent completed 26 years of
qualifying service entitling him for the BCR benefit. However,
petitioner’s case is that when the respondent’s claim was first
considered on the cut-off date, that is 1.7.2007 the respondent has not
completed 26 years of qualifying service. However, next cut-off date
was fixed as 1.1.2008 and since respondent retired as on 31.12.2007, he
is not entitled to the benefit is the petitioner’s case. We do not find any
WPC 26874 of 2010 2
justification in fixing the cut-off date because what is relevant is
employee’s entitlement based on completion of qualifying service of 26
years which the respondent had completed prior to his date of
retirement. We are therefore of the view that the Tribunal has rightly
granted the BCR benefit to the respondent. WPC is therefore
dismissed.
(C.N.RAMACHANDRAN NAIR)
Judge.
(K. SURENDRA MOHAN)
Judge.
kk WPC 26874 of 2010 3