Subramaniyan M vs State Of Kerala
2021 Latest Caselaw 3733 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942

                       WP(C).No.26300 OF 2019(J)


PETITIONERS:

      1        SUBRAMANIYAN M
               AGED 63 YEARS
               S/O.MADHAVAN, SANITATION WORKER, PALAKKAD
               MUNICIPALITY, RESIDING AT 4/30, THOTTINGALPRA,
               MATTUMANTHA, PALAKKAD-678509.

      2        P.CHANDRAN,
               AGED 63 YEARS
               S/O.PAZHANIMALA, RETIRED SANITATION WORKER, PALAKKAD
               MUNICIPALITY, RESIDING AT KALINGAD HOUSE ATHIKKODE,
               PANAYAOOR, POLPULLY, PALAKKAD-678019.

               BY ADV. SRI.U.BALAGANGADHARAN

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY SECRETARY, LOCAL SELF GOVERNMENT
               DEPARTMENT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695001.

      2        THE DIRECTOR OF URBAN AFFAIRS,
               THIRUVANANTHAPURAM-695001.

      3        THE PALAKKAD MUNICIPALITY,
               REPRESENTED BY ITS SECRETARY, PALAKKAD-678001.

      4        THE SECRETARY,
               PALAKKAD MUNICIPALITY, PALAKKAD-678001.

               R3-4 BY ADV. SHRI.BINOY VASUDEVAN, SC, PALAKKAD
               MUNICIPALITY

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.26300 OF 2019(J)

                                       2




                                  JUDGMENT

Dated this the 2nd day of February 2021

This writ petition is filed seeking the following reliefs:

"1. Issue writ in the nature of mandamus commanding 4th respondent to revise pay of the petitioners to Rs.20000-45800 with effect from 1.7.2014 and grant consequential arrears of pay.

2. Issue writ in the nature of mandamus commanding 4th respondent to revise pension, DCRG, CVP etc in tune with revised pay of Rs.20000-45800 and grant all consequential increased benefits.

3. Declare that the pay of the petitioners are liable to be revised to Rs.20000-45800 with effect from 1.7.2014 and grant all consequential revised benefits viz. revised DCRG, CVP, time bound higher grade etc besides revised pension."

2. Heard the learned counsel for the petitioners and the

learned Standing Counsel appearing for respondents 3 and 4 as well

as the learned Government Pleader appearing for respondents 1 and

2.

3. The petitioners pray for release of the benefits due on

account of the revision in pay of the petitioners who were sanitation

workers under the respondent-Municipality. WP(C).No.26300 OF 2019(J)

4. It is submitted by the learned Standing Counsel that the

delay in disbursement of the benefits is due to the financial

constraints faced by the Municipality and that some time is required

for making the payments.

Having considered the contentions advanced, there will be a

direction to the respondents to release the amounts due to the

petitioners on account of revision of pay within a period of four

months from the date of receipt of a copy of this judgment. In case

the amount is not released within the four months, they will carry

interest at the rate of 6% per annum from the date of eligibility till

date of payment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C).No.26300 OF 2019(J)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF JUDGMENT IN WPC 36946 OF 2016 DATED 23.11.2016 OF THIS HON'BLE COURT.

EXHIBIT P2 A TRUE COPY OF GO(MS) 118/2016/LSGD DATED 17.8.2016.

EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION OF THE FIRST PETITIONER TO THE SECRETARY, PALAKKAD MUNICIPALITY DATED 7.8.2019.

EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION OF THE SECOND PETITIONER TO THE SECRETARY, PALAKKAD MUNICIPALITY DATED 7.8.2019.