Central Administrative Tribunal
M K Somasekharan vs DEPARTMENT OF PERSONNEL AND TRAINING on 30 October 2026
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CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM Order Sheet Item no.: 6 M.A./525/2026 (ERNAKULAM) [ CONDONATION OF DELAY ] [ SENIOR CITIZEN ] In O.A./152/2026 With M.A./1018/2026 Court No.: 2 No of Adjournment: 2 Order Dated: 30/10/2026 M K SOMASEKHARAN Vs DEPARTMENT OF PERSONNEL AND TRAINING For Applicant(s) Advocate : Mr. T.V. Ajayakumar For Respondent(s) Advocate : Mr. Brijesh A.S, ACGSC Notes of The Registry Order of The Tribunal
M.A/525/2026 : Heard the learned Counsel for the petitioner and also the learned Standing Counsel for the respondents. This is an application for explaining the delay which was filed as insisted by the Tribunal when the O.A had come for admission on 27.03.2026. Now the petitioner, who had retired from service on 31.12.2012 wants to get benefits of Annexures A5 and A7 judgments of the Hon'ble High Court which have become final in the light of the judgment of the Hon'ble Supreme Court in SLP (Civil) No. 28536/12 dated 15.10.2012, produced as Annexure A6. Even though the explanations offered by the petitioner explaining the delay are not satisfactory or convincing, having regard to the fact that the petitioner has raised issue of non granting of MACP benefit to him which prima facie appears to be the grievance of a continuing wrong, we are inclined to entertain the O.A, with a rider that if ultimalely the applicant succeeds, benefits shall be truncated in the light of the decision in Union of India v. Tarsem Singh (2008 8 SCC 648). We overrule the objections raised by the learned Standing Counsel. M.A is allowed. Admit the O.A. M.A/1018/2026 : Heard. Allowed. Additional counter statement accepted. For filing reply statement, adjourned to 07.12.2026.
BRAJ MOHAN AGRAWAL MEMBER (A) JUSTICE K HARIPAL MEMBER (J) Vishal ( steno 'c' )
2026.10.30 16:34:30 +05'30' VISHAL
Case No M.A./525/2026 Ernakulam Bench List In: Main causelist Item No. 6 Generated by SANDRA K.M CAT Central Administrative Tribunal Ernakulam Bench on 30/10/2026
2026.10.30 16:34:30 +05'30' VISHAL