IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942
RP.No.106 OF 2019 IN WP(C)NO. 14033/2015
AGAINST THE ORDER/JUDGMENT IN WP(C) 14033/2015(D) OF HIGH COURT OF
KERALA
PETITIONERS/RESPONDENTS 1 AND 2:
1 LIFE INSURANCE CORPORATION OF INDIA
REPRESENTED BY ITS CHAIRMAN, CENTRAL OFFICE,
YOGAKSHEMA, JEEVAN BIMA MARG, MUMBAI, PIN-400 021.
2 THE SENIOR DIVISIONAL MANAGER
LIFE INSURANCE CORPORATION OF INDIA, DIVISIONAL
OFFICE, JEEVAN PRAKASH, NAGAMPADOM, KOTTAYAM, PIN-686
001.
BY ADV. SRI.R.S.KALKURA
RESPONDENTS/PETITIONERS AND 3RD RESPONDENT:
1 AJITH KUMAR K.J
AGED 48 YEARS
ASSISTANT, LIFE INSURANCE CORPORATION OF INDIA,
BRANCH OFFICE I, KOTTAYAM-686 001.
2 SALLESH KUMAR K.S.
HIGHER GRADE ASSISTANT (PROGRAMMER), DIVISIONAL
OFFICE(KGSD), LIFE INSURANCE CORPORATION OFINDIA,
KOTTAYAM-686 001.
3 MATHEW JOSEPH
ASSISTANT, LIFE INSURNACE CORPORATION OF INDIA,
BRANCH OFFICE, VAIKOM-686 141.
4 SYRIAC VARGHESE
ASSISTANT, LIFE INSURANCE CORPORATION OF INDIA,
DIVISIONAL OFFICE, NAGAMPADOM, KOTTAYAM-686 001.
5 SAVIOUR M.T.
HIGHER GRADE ASSISTANT, LIFE INSURANCE CORPORATION OF
INDIA, BRANCH OFFICE, MAVELIKKARA-690 101.
6 UNION OF INDIA
REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE,
DEPARTMENT OF FINANCIAL SERVICES, JEEVAN DEEP
RP.No.106 OF 2019 IN WP(C)NO.14033/2015
2
BUILDING, PARLIAMENT STREET, NEW DELHI-110 001.
R1-5 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY
R1-5 BY ADV. SMT.N.SANTHA
R1-5 BY ADV. SRI.V.VARGHESE
R1-5 BY ADV. SRI.PETER JOSE CHRISTO
R1-5 BY ADV. SRI.S.A.ANAND
R1-5 BY ADV. SMT.K.N.REMYA
R1-5 BY ADV. SMT.L.ANNAPOORNA
R1-5 BY ADV. SHRI.VISHNU V.K.
R1-5 BY ADV. KUM.ABHIRAMI K. UDAY
CGC. SMT.H.SUBHA LEKSHMI
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON
04.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP.No.106 OF 2019 IN WP(C)NO.14033/2015
3
ORDER
Dated this the 4th day of January 2021 The LIC has filed this Revision Petition pointing out that the implementation of Annexure A1 order by way of Exts.P40 to P44 orders fixing the pay of the petitioners was erroneous.
2. The learned counsel for the Review Petitioners pointed out that though the basic order by which the Review Petitioners' pay was fixed was Annexure A1, while implementing it, the dearness allowance was again reckoned that too after reckoning the basic pay at a higher rate. This Court had disposed of the Writ Petition taking note of Exts.P40 to P44 orders re-fixing the pay of the petitioners in the Writ Petition. When it is pointed out that the calculation was erroneous, I am of the view that the judgment requires review. RP.No.106 OF 2019 IN WP(C)NO.14033/2015 4
3. Adv.Sri.V.Varghese, the learned counsel appearing for the Writ Petitioners vehemently argued that the ex-service men who were employed in the year 2009 have been taken for a ride for more than five times in the matter of the fixation of their pay. But it can not be disputed that the judgment was rendered taking note of Exts.P40 to P44 orders issued by the LIC itself which is stated to have been arrived at mistakenly.
4. Therefore, I am of the view that the matter has to be heard again on merits with liberty to parties to place on record additional pleadings. However, since the petitioners were granted the benefit by the LIC itself and they were under the impression that they are drawing the pay for which they are legitimately entitled, the review petition is allowed on condition that there shall be no recovery till the Writ Petition is disposed of. RP.No.106 OF 2019 IN WP(C)NO.14033/2015 5 Accordingly, the judgment dated 23/10/2018 in W.P.(C)No.14033/2015 is recalled and the Writ Petition is restored to file. W.P.(C)No.14033/2015 Post the Writ Petition on 25/01/2021 as per roster.
Sd/-
P.V.ASHA JUDGE DM RP.No.106 OF 2019 IN WP(C)NO.14033/2015 6 APPENDIX PETITIONERS' EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE CIRCULAR BEARING NO.CO/PER/ER-A/147/2017 DATED 6.1.2017 ISSUED BY THE EXECUTIVE DIRECTOR (PERSONNEL).
ANNEXURE A2 TRUE COPY OF THE LETTER DATED 27.12.2018 ISSUED TO THE FIRST PETITIONER BY THE SECOND RESPONDENT. ANNEXURE A3 TRUE COPY OF THE LETTER DATED 27.12.2018 ISSUED TO THE SECOND PETITIONER BY THE SECOND RESPONDENT. ANNEXURE A4 TRUE COPY OF THE LETTER DATED 27.12.2018 ISSUED TO THE SECOND PETITIONER BY THE SECOND RESPONDENT. ANNEXURE A5 TRUE COPY OF THE LETTER DATED 27.12.2018 ISSUED TO THE THIRD PETITINOER BY THE SECOND RESPONDENT. ANNEXURE A6 TRUE COPY OF THE LETTER DATED 27.12.2018 ISSUED TO THE FOURTH PETITIONER BY THE SECOND RESPONDENT.
ANNEXURE A7 TRUE COPY OF THE LETTER DATED
27.12.2018 ISSUED TO THE 5TH
PETITIONER BY THE 2ND RESPONDENT.
ANNEXURE A8 TRUE COPY OF THE LETTER DATED
27.12.2018 ISSUED TO THE 5TH
PETITIONER BY THE 2ND RESPONDENT. RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE