Pankajakshi vs The Executive Committee Of Kerala ...
2021 Latest Caselaw 5400 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942

                       WP(C).No.2951 OF 2021(T)


PETITIONERS:

      1        PANKAJAKSHI,
               AGED 64 YEARS
               D/O. KRISHNAN NADAR, RETIRED LABOURER, CSRC KARAMANA,
               THERIVILA THEKKEPUTHENVEEDU, ESTATE P.O.,
               POOCHIKUNNU, THIRUVANANTHAPURAM.

      2        KRISHNAMOORTHI,
               S/O. NAGA MANI ASSAN, RETIRED LABOURER, CSRC
               KARAMANA, PANKAJKSHI NIVAS, CHIRAKKUZHI LANE,
               KARAMANA P.O., THIRUVANANTHAPURAM.

      3        L.SUDHA,
               D/O. C.THANKAPPAN, RETIRED LABOURER, CSRC KARAMANA,
               T.C.50/1815 DHARMAMUDUMB VAYALIL VEEDU, KALADY,
               KARAMANA, THIRUVANANTHAPURAM.

      4        S.SAKUNTHALA,
               D/O. APPU, LABOURER, CSRC KARAMANA, VILAYIL VILAKATHU
               VEEDU, TC.21/1358, NEDUMKADU, KARAMANA P.O.,
               THIRUVANANTHAPURAM.

      5        R.GOPI,
               S/O. RAJAN, RETIRED LABOURER, CSRC KARAMANA, KANDACHA
               VILAKOTHE PUTHEN VEEDU, ANOTHANAM NEDUMKADU,
               KARAMANA, THIRUVANANTHAPURAM.

      6        J.SHEELADEVI,
               D/O. CHELLAPPAN, LABOURER, CSRC KARAMANA, GOURI
               SANKARAM, MUKKAMPLAMOODU, MOONGODE P.O., KOTTAKODA,
               THIRUVANANTHAPURAM.

      7        ANIKUMAR,
               S/O. PRABHAKARAN, LABOURER, CSRC KARAMANA,
               ANANTHABHAVAN, THAKIDI, KAVALOTTUKONAM, PERUKAVU
               P.O., THIRUVANANTHAPURAM.

      8        L.K.BIJOY,
               S/O. KRISHNAN NADA, LABOURER, CSRC KARAMANA, GREEN
               LAND, PANCHAMI LANE, VELLAYIKADAVU, KODUNGANOOR,
               THIRUVANANTHAPURAM.
 WP(C).No.2951 OF 2021(T)

                                2

      9        S.RAJU,
               S/O. SHANMUGHAM CETTIYAR, LABOURER, CSRC
               KARAMANA, KEEZHATHIL PUTHEN VEEDU, 21/1378,
               NEDUMAMKADU, KARAMANA, THIRUVANANTHAPURAM.

               BY ADV. SRI.P.V.JAYACHANDRAN

RESPONDENTS:

      1        THE EXECUTIVE COMMITTEE OF KERALA AGRICULTURAL
               UNIVERSITY,
               KAU POST, 680654, VELLANIKKARA, TRISSUR,
               REPRESENTED BY ITS VICE CHANCELLOR.

      2        THE REGISTRAR,
               THE KERALA AGRICULTURAL UNIVERSITY, KAU POST,
               VELLANIKKARA, TRISSUR-680654.

               R1-2 BY SRI.ROBSON PAUL, SC, KERALA
               AGRICULTURAL UNIVERSITY

     THIS WRIT PETITION        (CIVIL) HAVING    COME UP     FOR
ADMISSION ON 15.02.2021,        THE COURT ON    THE SAME     DAY
DELIVERED THE FOLLOWING:
 WP(C).No.2951 OF 2021(T)

                                   3

                            JUDGMENT

Dated this the 15th day of February 2021

This writ petition is filed seeking the following prayers:

"(A) Declare that petitioners are entitled to get reckon the Casual service from 1997 till the date of retirement for the purpose of calculating the pension benefits.

(B) Declare that the petitioners are entitled to the benefit of dictum laid down by the Hon'ble Supreme Court of India in judgment dated 26.08.2020 of Civil Appeal No.3984 of 2010 (V.Sukumaran Vs. State of Kerala & Others) reported in 2020 SC470.

(C) Issue a Writ of Mandamus or appropriate Writs directions or orders directing the 2nd respondent to reckon the Casual service of the petitioners' from 1997 till the date of retirement for the purpose of calculating the retirement benefits revise the retirement benefits granted."

2. Heard the learned counsel for the petitioners and

the learned Standing Counsel for the respondents. WP(C).No.2951 OF 2021(T)

3. It is submitted by the learned counsel for the

petitioners that the petitioners had been working as Casual

Workers at Cropping Systems Research Centre in Karamana

Farm under the Kerala Agricultural University. It is submitted

that seeking the benefit of counting of earlier casual service

rendered by the petitioners, the petitioners have approached

the respondents by Ext.P6 representation. However, no

action has been taken thereon. It is further submitted by the

learned counsel for the petitioners that the entire earlier

service is liable to be counted on the basis of the decisions

of the Apex Court as well as this Court.

4. Having heard the learned counsel on either side, I

am of the opinion that the representation preferred by the

petitioners is liable to be considered by the respondents in

accordance with law.

5. In the above view of the matter, there will be a

direction to the 2nd respondent to take up, consider and pass

appropriate orders on Ext.P6 representation preferred by the

petitioners in accordance with law. Appropriate orders shall WP(C).No.2951 OF 2021(T)

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 Bng/18.02.2021 WP(C).No.2951 OF 2021(T)

APPENDIX PETITIONERS EXHIBITS:

EXHIBIT P1 TRUE COPY OF PROCEEDING NO.GA/F2/23478/98 DATED 3.7.98 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE GO(MS)NO.326/99/AGRI.

DATED 24.11.99 ISSUED BY THE GOVERNMENT.

EXHIBIT P3 TRUE COPY OF THE PROCEEDING NO.GA(F2)/43242/99 DATED 13.3.20 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS NO.GA/F2/25560/2008 DATED 25.9.09 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE PROCEEDING NO.CSRC/552/09 DATED 1.10.09 ISSUED BY THE PROFESSOR & HEAD.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 28.1.21 SUBMITTED BY THE PETITIONERS BEFORE THE RESPONDENTS.