IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
WP(C) NO. 2443 OF 2022
PETITIONER:
V.MUHAMMED ASHARAF,AGED 62 YEARS
S/O ABOOBACKER (LATE) RESIDING AT AHLAM
MANIKKAKAVU ENTRANCE ROAD 2ND DEVIATION, P O
THANA, KANNUR DISTRICT, PIN 670012.
BY ADV P.U.SHAILAJAN
RESPONDENTS:
1 THE MANAGING COMMITTEE, KERALA STATE JOURNALIST
WELFARE PENSION SCHEME, SOUTH BLOCK, GOVERNMENT
SECRETARIAT, THIRUVANANATHAPURAM 695001,
REPRESENTED BY ITS CONVENER.
2 THE DIRECTOR, INFORMATION AND PUBLIC RELATIONS
DEPARTMENT, GOVERNMENT OF KERALA, SOUTH BLOCK
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
695001.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.05.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C) No.2443 of 2022
2
Sathish Ninan, J.
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W.P(C) No.2443 of 2022
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Dated this the 20th day of May, 2022
JUDGMENT
Petitioner was a journalist in Chandrika Daily News Paper since 17.09.1979. He was a member of the Kerala State Journalist Pension Scheme with membership number XIII/113. The monthly subscription amount was remitted by him only till 03.07.2018. According to the petitioner, though he submitted an application for renewal, there was no response on it. Thereupon he submitted Ext P1 application dated 15.11.2021 seeking return of the amounts paid by him. The petitioner relies on Clause 4(4) of the Scheme to contend that, when membership is cancelled the member is entitled to get back the amounts remitted by him. Ext P1 request is pending consideration before the 2 nd respondent. The petitioner seeks for an expeditious consideration of the same.
W.P(C) No.2443 of 2022 3
2. In spite of service of notice on the respondents there is no appearance.
3. The request having been made before the 2 nd respondent for refund of the amounts remitted by the petitioner, it is for the 2 nd respondent to pass appropriate orders thereon in terms of the relevant provisions of the Scheme.
Accordingly, without expressing anything on merits, the Writ Petition is disposed of directing the 2nd respondent to consider and pass appropriate orders on Ext P1 application, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment.
Sd/- Sathish Ninan, Judge vdv W.P(C) No.2443 of 2022 4 APPENDIX OF WP(C) 2443/2022 PETITIONER EXHIBITS Exhibit p1 TRUE COPY OF THE APPLICATION DATED 15.11.2021 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT AND ANOTHER Exhibit2 TRUE COPY OF THE RECEIPT ISSUED FROM THE KANNUR RAILWAY STATION POST OFFICE DATED 15.11.2021, NOS.EL458170517IN & EL458170503IN Exhibit3 TRUE COPY OF THE GOVERNMENT ORDER WITH NO.(P)7/93/P.R DATED 16.8.1993 ALONG WITH THE RULES OF THE KERALA STATE JOURNALISTS PENSION SCHEME