V. Sathiyavathi vs The Executive Committee Of Kerala ...
2021 Latest Caselaw 6300 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA, 1942

                       WP(C).No.2950 OF 2021(P)


PETITIONERS:

      1        V. SATHIYAVATHI,
               AGED 56 YEARS
               T.C. 13/680, CHAMBIAN BHASKARAN ROAD,
               KUNNUKUZHI, THIRUVANANTHAPURAM.

      2        S. VIJAYAN
               T.C. 50/1279, THALIYAL, KARAMANA P.O.,
               THIRUVANANTHAPURAM.

      3        S. RAJENDRAN
               T.C. 21/1475, CHIRAKUZHI VEEDU, NEDUNGAD,
               KARAMANA P.O., THIRUVANANTHAPURAM.

      4        J. RAMABHAI
               CHIRAYIDITHALAKKAL MELEPUTHANVEEDU,
               KURISUMUTTAM, PEYAD, THIRUVANANTHAPURAM.

      5        B. RAMANI
               MAMBAZHAKUNNU PUTHANVEEDU, NETTAYAM,
               MANIKANDESWARAM P.O., THIRUVANANTHAPURAM.

      6        S. GIRIJA
               T.C. 21/989, CHIRAKUZHI MELE PUTHANVEEDU,
               MANGATTUKONAM, NEDUNGAD, KARAMANA P.O.,
               THIRUVANANTHAPURAM.

      7        S. SASIKALA
               T.C. 14/1493, THOTTUVARAMBU VEEDU,
               VAZHUTHACAUD, THIRUVANANTHAPURAM.

      8        R. MANJU
               KANJIRAVILAKAM, KEEZHARANNUR, NEDUNGAD,
               KARAMANA P.O., THIRUVANANTHAPURAM.

               BY ADVS.
               SRI.P.V.JAYACHANDRAN
               SRI.NIDHI BALACHANDRAN
 WP(C).No.2950 OF 2021

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RESPONDENTS:

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

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

               SRI.ROBSON PAUL, SC, KERALA AGRICULTURAL UNIVERSITY

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2950 OF 2021

                                         3



                                 JUDGMENT

Dated this the 22nd 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 2 nd respondent to reckon the Casual service of the petitioners' from 1997 till the date of retirement for the purpose of calculating the retirement benefits"

2. Heard the learned counsel for the petitioners and the learned

Standing Counsel for the respondents.

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 WP(C).No.2950 OF 2021

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 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 NP WP(C).No.2950 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF PROCEEDING NO.

GA/F2/23478/98 DATED 03/07/98 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 13/03/2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS NO.

GA/F2/25560/2008 DATED 25/09/2009 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE PROCEEDING NO.

CSRC/352/09 DATED 01/10/09 ISSUED BY THE PROFESSOR AND HEAD.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 30/01/21 SUBMITTED BY THE PETITIONERS BEFORE THE RESPONDENTS.

RESPONDENT'S/S EXHIBITS: NIL