Kerala High Court
K.Bahuleyan vs The State Of Kerala on 3 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942
WP(C).No.14644 OF 2020(E)
PETITIONERS:
1 K.BAHULEYAN, AGED 67 YEARS,
HARI SREE, PAYATTUVILA P.O.,
(VIA) BALARAMAPURAM, THIRUVANANTHAPURAM-695501.
2 SIVAN NAIR K.,
POURNAMI, PRAVACHAMBALAM, NEMOM P.O.,
THIRUVANANTHAPURAM-695020.
3 G.VIKRAMA VALMIKHI,
PRASANNA VILASAM, CRA-50, PONGUMMOODU,
MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695011.
4 A.RAJENDRAN,
VAZHAVILAKATHU VEEDU, MOOLAKKARA,
KAZHUVOOR P.O., THIRUVANANTHAPURAM-695526.
5 V.SRIKANTAN NAIR,
C.N.R.A.79, BACKERY JUNCTION, THIRUVANANTHAPURAM-695001.
6 B.RAJAN,
KARTHIKA, KIDAVAKUZHI, KIDAVAKUZHI, VENGOOR P.O.,
THIRUVANANTHAPURAM-695523.
7 R.SIVADASAN,
KALABHAVAN, PADINJATTINKARA,
KOTTARAKKARA P.O., KOLLAM-691506.
8 N.B.SAROJAM,
JYOTHY SREE, VETTITHITTA P.O.,
MUKKADAVU, PUNALUR, ALAPPUZHA DISTRICT-689696.
9 M.SUSEELA,
C/O.PRATHAPAN K., PUTHUVILA VEEDU,
NEDUMGOLAM P.O., PARAVOOR, KOLLAM-691301.
10 P.C.GEORGEKUTTY,
PUTHANPARAMBIL, THATHANPALLY, ALAPPUZHA-688013.
11 D.YAMUNADEVI,
SREEVISHAL, SARADA PRESS COMPOUND,
MUNDAKKAL, KOLLAM-691010.
12 M.RADHAKRISHNA KURUP,
PULARI HOUSE, KARUVATTA P.O., ALAPPUZHA-690517.
WP(C).No.14644 OF 2020 -2-
13 O.SUDHAKARAN,
C/O.OMMENI, SREEJITH BHAVAN, KARAVOOR P.O.,
PERUMTHAYIL, PIRAVANTHOOR, KOLLAM-689696.
14 P.M.CHANDRIKADHARAN,
VISHNU LOKAM, OYOOR P.O., KOLLAM-691510.
15 P.G.GEEVARGHESE,
PADARATHIL HOUSE, CHERIANADU P.O.,
CHENGANNUR, ALAPPUZHA-689511.
16 B.RETNA BAI AMMA,
AJITHA MANDIRAM, AICKADU,
KODUMAN P.O., PATHANAMTHITTA-691555.
17 P.AYYAPPAN,
PLAVLAPUTHEN VEEDU, MEKKOLA,
MANCHAVILAKOM P.O., THIRUVANANTHAPURAM-695503.
BY ADVS.
SHRI.ASWIN KUMAR M J
SMT.HELEN P.A.
SRI.SHAHIR SHOWKATH ALI
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
INDUSTRIES AND COMMERCE DEPARTMENT,
THIRUVANANTHAPURAM-695001.
2 KERALA STATE HANDLOOM WEAVERS CO-OPERATIVE SOCIETY LTD.
(HANTEX),
OOTTUKUZHY, THIRUVANANTHAPURAM-695001,
REPRESENTED BY ITS MANAGING DIRECTOR.
3 MANAGING DIRECTOR, KERALA STATE HANDLOOM WEAVERS
CO-OPERATIVE SOCIETY LTD. (HANTEX), OOTTUKUZHY,
THIRUVANANTHAPURAM-695001.
R2-3 BY ADV. SRI.N.RAGHURAJ
GP SRI B HARISH KUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
03.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.14644 OF 2020 -3-
JUDGMENT
Dated this the 3rd day of February 2021
Grievance of the petitioners in the instant writ
petition is plain and simple. They have already requested
vide representations Exts.P4 & P5 for sanction of
Provident Fund Benefits and other pensionary benefits in
terms of the pay revision with effect from 01.07.2004.
2. It is contended by Mr.Aswin Kumar M.J., learned
counsel for the petitioners, that the Government vide
order dated 29.02.2016 had sanctioned the pay revision
with effect from July, 2004 but restricted financial benefits
only with effect from 1.2.2011, i.e., from the date the
interim relief to employees of HANTEX (Kerala State
Handloom Weavers Co-operative Society Ltd.) was
sanctioned. The petitioners are employees worked with
respondent No.2 who retired between 2004 and 2011. No
action had been taken on the representations, particularly
by respondent No.2 and therefore, urges this Court for
grant of all the benefits with effect from 01.07.2004 so
that the clarification need not cause any impediment in
disposal of the representation in view of the order Ext.P2.
3. Learned counsel appearing on behalf of
respondent No.2 submits that respondent No.2 would not
be averse in deciding the representations, in accordance
with law.
Without expressing anything on the merits of the
matter, I dispose of this writ petition by issuing direction
to respondent No.2 to dispose of representation i.e.,
Exts.P4 & P5, in accordance with law, after affording an
opportunity of hearing to the petitioners or their
representatives. They shall also consider the factum of
awarding of other pensionary benefits from the date of pay
revision. Let this exercise be undertaken within a period
of two months from the date of receipt of a certified copy
of the judgment.
Sd/-
AMIT RAWAL
vv
JUDGE
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PENSION ORDER OF THE
1ST PETITIONER.
EXHIBIT P1(A) TRUE COPY OF THE PENSION ORDER OF THE
6TH PETITIONER.
EXHIBIT P1(B) TRUE COPY OF THE PENSION ORDER OF THE
4TH PETITIONER.
EXHIBIT P1(C) TRUE COPY OF THE PENSION ORDER OF THE
2ND PETITIONER.
EXHIBIT P1(D) TRUE COPY OF THE PENSION ORDER OF THE
3RD PETITIONER.
EXHIBIT P1(E) TRUE COPY OF THE PENSION ORDER OF THE
7TH PETITIONER.
EXHIBIT P1(F) TRUE COPY OF THE PENSION ORDER OF THE
8TH PETITIONER.
EXHIBIT P1(G) TRUE COPY OF THE PENSION ORDER OF THE
9TH PETITIONER.
EXHIBIT P1(H) TRUE COPY OF THE PENSION ORDER OF THE
11TH PETITIONER.
EXHIBIT P1(I) TRUE COPY OF THE PENSION ORDER OF THE
10TH PETITIONER.
EXHIBIT P1(J) TRUE COPY OF THE PENSION ORDER OF THE
13TH PETITIONER.
EXHIBIT P1(K) TRUE COPY OF THE PENSION ORDER OF THE
16TH PETITIONER.
EXHIBIT P1(L) TRUE COPY OF THE PENSION ORDER OF THE
12TH PETITIONER.
EXHIBIT P1(M) TRUE COPY OF THE PENSION ORDER OF THE
15TH PETITIONER.
EXHIBIT P1(N) TRUE COPY OF THE PENSION ORDER OF THE
14TH PETITIONER.
EXHIBIT P1(O) TRUE COPY OF THE PENSION ORDER OF THE
5TH PETITIONER.
EXHIBIT P1(P) TRUE COPY OF THE PENSION ORDER OF THE
17TH PETITIONER.
EXHIBIT P2 TRUE COPY OF THE GO(MS) NO.41/2016/ID
DATED 29.2.2016.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 25.6.2016
PASSED BY THE 2ND RESPONDENT.
EXHIBIT P4 THE TRUE COPY OF THE REPRESENTATION
MADE BY THE PETITIONERS BEFORE
RESPONDENT NO.1 DATED NIL WITH PROOF
OF SERVICE.
EXHIBIT P5 THE TRUE COPY OF THE REPRESENTATION
MADE BY THE PETITIONERS BEFORE
RESPONDENT NO.2 AND 3 DATED NIL WITH
PROOF OF SERVICE.
