IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942
WP(C).No.27620 OF 2018(B)
PETITIONER/S:
1 K.S MOHANAN NAIR
ERAVILA PUTHENVEEDU, PERIKAVU P.O.,
PEYAD, THIRUVANANTHAPURAM 695003
2 G.SASIDHARAN
REVATHY MANDIRAM,
KIDARAKUZHY, VENGANOOR P.O.,
THIRUVANANTHAPUAM - 695 523.
3 SREEDHARAN NAIR.V.
MAZHAVANCHERY,
KONATHU VEEDU,
MUTTADA P.O.,
THIRUVANANTHAPURAM - 695 025.
4 SULAIKHA BEEVI.S.
HARSHAD MANZIL,
ALUMMOODU,
P.O.MANDALAM,
KOCHALUMMOODU,
KOLLAM DISTRICT.
5 SHYLAJADEVI
TC 16/1289, AVITTOM,
KURKU VILAKHAM ROAD,
KANNETTUMUKKU,
JAGATHY, THIRUVANANTHAPURAM.
6 RADHAMONY.G.
VRINDAVANAM, KAIRALI NAGAR,
C.121/1, THIRUMALA P.O.,
THIRUVANANTHAPURAM.
7 S.SUGANDHY
UTHRADOM, MANAPPUAM,
PEYATTUVILA P.O.,
BALARAMAURAM,
THIRUVANANTHAPUAM.
8 K.B.SUMAM
NEWTONE GANDHIPURAM,
WP(C).No.27620 OF 2018(B)
2
SREEKARIYAM P.O.,
THIRUVANANTHAPURAM - 695 017.
9 S.THULASEEDHARAN
ANJU BHAVAN,
VELIYEM, KOTARAKKARA,
KOLLAM DISTRICT - 691 540.
10 C.MOHANAN
PATTIYARAMTHUNDUVILA,
NEDUMGULAM P.O.,
SOUTH PERAVOOR,
KOLLAM.
11 K.S.SURENDRAN NAIR
T.C.18/1110/(1), THAJUS,
TOGUR ROAD, THRIKKANNAPURAM,
ARAMADA P.O.,
THIRUVANANTHAPURAM - 695 032.
12 MURALIDHARAN UNNITHAN
DIVYM VADAKAVILA,
BALARAMAPURAM,
THIRUVANANTHAPURAM - 695 501.
13 K.JAYADEVI THANKACHI
UTHRUTTATHIL,
VAEDYASALA,
NAGAR - 9, ASRAMAM P.O.,
KOLLAM - 691 002.
14 B.K.SUJATHA
POOMUGATHU THAZHUTHALA,
KOTTIYAM P.O.,
KOLLAM - 691 571.
15 R.REMAMANI
VALIYAZHIKOM, VAIDYASALA,
NAGAR - 473, ASRAMAM P.O.,
KOLLAM - 691 002.
16 K.C.PRASANNAKUMAR
KESAVA VILASOM,
THAZHAM, CHATHANNOOR.P.O.,
KOLLAM - 691 572.
WP(C).No.27620 OF 2018(B)
3
17 N.RAJENDRAN
LIJIN NIVAS, KAITHAKKUZHI,
VELICHIKKALA P.O.,
KOLLAM - 691 573.
18 SANKARANAN.T.M.
KUNIYIAL, SANGEETHIKA,
KOLARCD STREET,
CHOMPALA POST,
VATAKARA - 673 308,
KOZHIKODE DISTRICT.
19 K.REGHUNATHAN
REVATHI, ATHIYANNOOR,
ARALUMMOODU P.O.,
NEYYATTINKARA,
THIRUVANANTHAPURAM - 695 123.
20 VILASINI.K.
TC 14/649(1), DIYA,
NEW TC 27/1363-NARA-203,
ABSERVATORY LINE, VIKASBHAVAN P.O.,
THIRUVANANTHAPURAM - 695 033.
21 N.K.BASKARAN
ANCHUKUDI HOUSE, TIKKODI P.O.,
KOZHIKODE - 673 529.
22 L.SYLET
SREELEKSHMI,
MUKKOLA, KOTTAPPURAM P.O.,
THIRUVANANTHAPURAM - 695 521.
23 S.SURENDRAN
SHAILA NIVAS, TC 7/1960,
SREECHITHRA NAGAR,
PANGOU, THIRUMALA P.O.,
THIRUVANANTHAPUAM - 695 006.
24 T.VALSARAJ
PUTHANPURAYIL HOUSE,
MANIYOOR P.O.,
(VIA) PAYYOLI, VATAKARA,
KOZHIKODE DISTRICT - 673 523.
WP(C).No.27620 OF 2018(B)
4
BY ADVS.
SHRI.SASTHAMANGALAM S. AJITHKUMAR
SHYAM S.
KARNIS N.K.
KIRAN PETER KURIAKOSE
VINAYKUMAR VARMA
RESPONDENT/S:
1 KERALA STATE HANDLOOM WEAVERS CO-OPERATIVE
SOCIETY LIMITED
REPRESENTED BY ITS MANAGING DIRECTOR,
P.B.NO.64, THIRUVANANTHAPURAM.
695001
2 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO INDUSTRIES(C)
DEPARTMENT, SECRETARIT, THIRUVANANTHAPUAM
3 REIONAL PROVIDENT FUND COMMISSIONER
REGIONAL OFFICE,
BHAVISHYANIDHI BHAVAN,
PATTOM P.O., P.B.NO.1016,
THIRUVANANTHAPURAM - 695 004.
R1 BY ADV. N.REGHURAJ STANDING COUNSEL
R2 BY GOVERNMENT PLEADER
R3 BY ADV. SRI.N.N.SUGUNAPALAN (SR.)
R3 BY SRI.S.SUJIN, SC, EPFO
SC S SUJIN., SC N REGHURAJ., GP P. HARISH KUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.27620 OF 2018(B)
5
JUDGMENT
Dated this the 7th day of January 2021 Petitioners, 24 in number, are former employees of the 1st respondent. All are retired persons who attained superannuation on various dates after 01.07.2004. The issue raised relate to the fixation of pay for grant of pension apart from arrears of salary consequent to the above referred pay re- fixation.
2. It is pointed out that though the 1st petitioner had filed Ext.P7 representation, only an evasive reply was given by Ext.P8, stating that due to the financial difficulty faced by the 1st respondent, the application will be considered only at a later stage when the financial condition improves.
3. The petitioner has produced Ext.P10 which is an WP(C).No.27620 OF 2018(B) 6 order dated 09.10.2019 issued by the 1st respondent pursuant to a direction in the writ petition. According to the learned counsel for the petitioner, Ext.P10 relates to similarly situated persons to whom the benefits, similar to those claimed by petitioners, were granted. Since petitioners have been selectively discriminated upon, denial of benefits under Ext.P1 is stated to be arbitrary. Petitioners pray that identical benefits, as granted in Ext.P10, ought to be granted to them also.
3. Ext.P1 pay revision order was accepted as evident from Exts.P2 and P3. It is a decision taken by the 1 st respondent itself. Certainly, when a decision has been taken by the 1st respondent, it is binding and they are bound to abide by it, so contends the counsel for petitioner. As per Ext.P1, pay revision to the employees of the 1st respondent w.e.f 01.07.2004 was ordered subject to a condition. It is alleged that inspite of repeated demands, the benefits under Ext.P1 has not been WP(C).No.27620 OF 2018(B) 7 granted to petitioner. According to the petitioners, though promises have been made to them, actual benefits due to them under Ext.P1 have not been received.
4. The learned Standing Counsel Adv.N.Reghuraj pointed out that the financial condition of the 1 st respondent is pityfull, that, even regular salary to its employees were not able to be given, and he urged this Court that taking into consideration, the woeful financial condition of the 1 st respondent, the directions sought for by the petitioners ought not be granted. He also pointed out that till date, petitioners have not even filed a proper representation.
Taking note of the aforesaid submissions, made across the Bar, I direct the petitioners to file a proper representation within one month from the date of receipt of a copy of this judgment, before the 1st respondent, projecting their grievances and their claims. If such a representation is filed, the 1st respondent shall take a decision in accordance with law, WP(C).No.27620 OF 2018(B) 8 taking into reckoning Exts.P1, P2, P3 and P10 produced in this writ petition. Such a decision shall be taken within three months from the date of receipt of a copy of the representation as mentioned above.
The writ petition is disposed of accordingly.
Sd/-
BECHU KURIAN THOMAS JUDGE JS WP(C).No.27620 OF 2018(B) 9 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT BEARING NO.G.O.(MS) NO.41/2016/ID DATED 29/2/2016.
EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 25/6/2016.
EXHIBIT P3 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 30/10/2017.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT DT.25/6/2017.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DT.3/8/2017 IN W.P.(C) NO.24027/2017.
EXHIBIT P6 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 3/2/2018.
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT DT.2/5/2018.
EXHIBIT P8 TRUE COPY OF THE REPLY TO EXT.P7 DT.30/6/2018 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE INFORMATION ISSUED BY THE 1ST RESPONDEENT UNDER R.T.I.ACT DATED 21/7/2018.
EXHIBIT P10 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 09/10/2019.