K BALAKRISHNAN NAIR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, who retired from the post of Chairman of the Kerala Administrative Tribunal on 03.09.2015, is aggrieved by the condition fixed in Ext.P5 order in which Government ordered that pension and other benefits of the Chairman, Kerala Administrative Tribunal shall be fixed as follows:

(2.) The grievance is as against the condition stipulated in clause (i) to the effect that the monthly pension would be subject to the condition that the current pension and pre-pension taken together should not exceed 50% of the salary of the highest post he held while in service.

(3.) The petitioner was a Judge of this Court and he retired on 11.04.2010 after rendering service of 8 years and 6 months and he has been drawing pension since then. It is stated that the Kerala Administrative Tribunal was constituted under Section 4(2) of the Administrative Tribunals Act, 1985 ('the the Act 1985' for short) as per G.O. (Ms).No.9/08/P&ARD dated 29.11.2008 and the Tribunal was established on 25.08.2010. The petitioner was appointed as Chairman of the Kerala Administrative Tribunal (KAT) as per order dated 25.08.2010 and took charge of the post on 03.09.2010. The appointment was for a period of 5 years. Petitioner retired as Chairman of the Tribunal on 03.09.2015.