Sajeev K.S vs Union Of India
2021 Latest Caselaw 16261 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
           THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
                    WP(C) NO. 12797 OF 2021
PETITIONERS :-

    1     SAJEEV K.S., AGED 60 YEARS
          S/O.SANKARA PILLAI, SENIOR MANAGER (RETIRED),
          THE FERTILIZERS AND CHEMICALS TRAVANCORE LTD.,
          UDYOGAMANDAL, RESIDING AT KALARICKAL HOUSE,
          PERUVARAM EAST, NORTH PARAVUR P.O.,
          ERNAKULAM-683 513.

    2     PARAMESWARAN.P.K., AGED 62 YEARS
          S/O.MANI IYER, DEPUTY MANAGER (RETIRED),
          THE FERTILIZERS AND CHEMICALS TRAVANCORE LTD.,
          UDYOGAMANDAL, RESIDING AT 111 ADD, MISTY HILLS,
          THENGODE P.O., ERNAKULAM-683 020.

          BY ADVS.
          C.S.AJITH PRAKASH
          T.K.DEVARAJAN
          FRANKLIN ARACKAL
          PAUL C THOMAS
          BABU M.
          NIDHIN RAJ VETTIKKADAN
          HAARIS MOOSA
          NIKHITA ANN REBELLO
          ADESH JOSHI
          M.B.SOORI


RESPONDENTS :-

    1     UNION OF INDIA,
          REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA,
          MINISTRY OF FERTILIZERS AND CHEMICALS,
          NEW DELHI-110 001.

    2     DEPARTMENT OF PUBLIC ENTERPRISES,
          MINISTRY OF HEAVY INDUSTRIES AND PUBLIC ENTERPRISES,
          PUBLIC ENTERPRISES BHAVAN, BLOCK NO.14, CGO COMPLEX,
          LOCHI ROAD, NEW DELHI-110 001,
          REPRESENTED BY THE DIRECTOR.
 WP(C) NO. 12797 OF 2021

                              -: 2 :-

     3      DEPARTMENT OF FERTILIZERS,
            MINISTRY OF FERTILIZERS AND CHEMICALS, SASTRY BHAVAN,
            NEW DELHI-110 001, REPRESENTED BY THE SECRETARY.

     4      THE FERTILIZERS AND CHEMICALS TRAVANCORE LTD.,
            UDYOGAMANDAL, (A GOVERNMENT OF INDIA ENTERPRISE),
            UDYOGAMANDAL P.O., KOCHI-683 501,
            REPRESENTED BY THE CHAIRMAN AND MANAGING DIRECTOR.

           BY ADVS.
           SRI.M.GOPIKRISHNAN NAMBIAR
           SRI.K.JOHN MATHAI
           SRI.JOSON MANAVALAN
           SRI.KURYAN THOMAS
           SRI.PAULOSE C. ABRAHAM
           SRI.RAJA KANNAN
           SRI.DAYA SINDHU SREEHARI, CGC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12797 OF 2021

                                    -: 3 :-


                                 JUDGMENT

Dated this the 4th day of August, 2021

This writ petition is filed seeking the following reliefs:-

"i. To call for the records leading to the issue of Exhibit P1 to P3 and direct the 4th respondent to formulate Post- Retirement Medical Benefit Scheme for the petitioners. ii. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction to the 3 rd respondent to ensure the formulation of a Post-Retirement Medical Benefit Scheme for the retired employees in line with Exts.P1 to P3 guidelines.

iii. To declare that the action of the 4th respondent in not formulating a Post-Retirement Medical Benefit Scheme to the retired employees of the 4th respondent is violative of the right to health under Article 21 of the Constitution. iv. To declare that the petitioners are entitled to post-

retirement medical benefit as envisaged in the Government Guidelines."

2. Heard the learned counsel for the petitioners and the

learned standing counsel appearing for respondents 3 and 4 as well

as the learned Central Government Counsel appearing for

respondents 1 and 2.

3. It is submitted by the learned counsel for the petitioners

that the petitioners have moved Exts.P6 and P7 representations

before the General Manager of the 4th respondent. WP(C) NO. 12797 OF 2021

Having heard the learned Standing Counsel also, there will

be a direction to the competent authority in the 4 th respondent to take

up, consider and pass orders on the representations preferred by the

petitioners. Appropriate orders shall be passed within a period of

three months from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/16.8.2021 WP(C) NO. 12797 OF 2021

APPENDIX OF WP(C) 12797/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE OFFICE MEMORANDUM NO.2(70)/08/DPE(WC) DATED 26.11.2008 ISSUED BY THE 2ND RESPONDENT.

Exhibit P2 A TRUE COPY OF THE OFFICE MEMORANDUM NO.W-

02/0028/2017-DPE(WC)-GL-XIII/17 DATED 03.08.2017 ISSUED BY THE 2ND RESPONDENT.

Exhibit P3 A TRUE COPY OF THE OM NO.W.02/0046/2018-DPE(WC) GL-XXII/18 DATED 27.09.2018 ISSUED BY THE2ND RESPONDENT.

Exhibit P4 A TRUE COPY OF THE RELEVANT PAGES OF THE AUDITED BALANCE SHEET OF THE 4TH RESPONDENT COMPANY FOR THE YEAR 2019-20.

Exhibit P5 A TRUE COPY OF THE REPORT NO.CS-CO-6636-105 DATED 03.06.2020 ISSUED BY THE 4TH RESPONDENT TO SEBI.

Exhibit P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER TO THE GENERAL MANAGER OF FACT LTD DATED 28.06.2021.

Exhibit P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER TO THE GENERAL MANAGER OF FACT LTD DATED 28.06.2021.