K Babu vs The State Of Kerala
2021 Latest Caselaw 6448 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

   TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942

                       WP(C).No.1855 OF 2021(F)


PETITIONERS:

      1        K BABU, AGED 65 YEARS
               RETD. DEPOT MANAGER, HANTEX, MADHAVILASAM,
               KUNNATHUMELE, PANAGODE, PEYAD P.O.,
               THIRUVANANTHAPURAM 695 573

      2        RAJENDRAN B.
               RETD. SEMI SKILLED WORKER, HANTEX,
               REJI HOUSE, MUDAVOORPARA, BALARAMAPURAM,
               THIRUVANANTHAPURAM 695 501

      3        K.MOHANAN NAIR
               RETD. UNSKILLED WORKER, HANTEX, KRISHNAVILASAMVEEDU,
               KALLIYOOR,
               KALLIYOOR P.O., VALLAMCODE,
               THIRUVANANTHAPURAM 695 522

      4        REVEENDRAN NAIR K.
               RETD. SEMI SKILLED WORKER, HANTEX,
               RATHEESH BHAVAN, MELARANNOOR, KARAMANA P.O. ,
               THIRUVANANTHAPURAM 695 002

      5        P.RAMACHANDRAN
               RETD. UNSKILLED WORKER, HANTEX, 'ROHINI',
               KOTTOOKONAM, PUNNAMOODU, PALLICHAL P.O.,
               THIRUVANANTHAPURAM 695 020
      6        S.SASI
               RETD. UNSKILLED WORKER, HANTEX, BLESSY BHAVAN,
               PANANINNA, MAMKOOTTAM, THIRUPURAM P.O.,
               THIRUVANANTHAPURAM 695 133
      7        K.SOBHANAKUMARI AMMA
               RETD. U.D.CLERK, HANTEX, C.N.R.A. 79, CHEMPAKA NAGAR,
               BAKERY JUNCTION,
               THIRUVANANTHAPURAM 695 001
               BY ADVS.
               SHRI.ASWIN KUMAR M J
               SRI.K.ARJUN VENUGOPAL
               SMT.HELEN P.A.
               SHRI.ARUN ROY
               SRI.SHAHIR SHOWKATH ALI
               SHRI.MUHAMMED SUHAIR C.A
 W.P(C).1855/2021
                                  2



RESPONDENTS:

       1       THE STATE OF KERALA
               REP.BY SECRETARY TO GOVERNMENT,
               INDUSTRIES AND COMMERCE DEPARTMENT,
               THIRUVANANTHAPURAM 695 001

       2       KERALA STATE HANDLOOM WEAVERS CO-OPERATIVE SOCIETY
               LTD. (HANTEX)
               OOTTUKUZHY,
               THIRUVANANTHAPURAM 695 001,
               REP. BY ITS MANAGING DIRECTOR.

       3       MANAGING DIRECTOR
               KERALA STATE HANDLOOM WEAVERS CO-OPERATIVE
               SOCIETY LTD. (HANTEX),
               OOTTUKUZHY,
               THIRUVANANTHAPURAM 695 001

               R2-3 BY ADV. SRI.N.RAGHURAJ

OTHER PRESENT:

               SR.GP K.P HARISH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).1855/2021
                                      3




                                 JUDGMENT

Petitioners are the retired employees of the second

respondent/society. Government by Ext.P8 order had revised the pay

scale of the employees of the second respondent with monetary benefits

to take effect from 01.02.2011. According to the petitioners, only one

installment of the wage arrears has been received by them in October

2018 and thereafter, it was not paid. Hence, they submitted separate

representations as Exts.P14 to P20. Petitioners lament that, no orders

have been passed on their representations.

2. Learned Standing Counsel for the respondents, on

instructions, submitted that, their representations can be considered

and their eligibility finalized, after evaluating whether petitioners are

placed in the same footing as that of the remaining employees.

3. Having considered this, I am inclined to dispose of the Writ

Petition with a direction that respondents 2 and 3 shall consider and

dispose of Exts.P14 to P20 representations as expeditiously as possible,

at any rate, within a period of two months from the date of receipt of a

copy of this judgment.

Writ Petition is disposed of as above.

Sd/-

                                                 SUNIL THOMAS

Sbna                                                 JUDGE
 W.P(C).1855/2021





                         APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1           TRUE COPY OF THE RELIEVING ORDER                 DATED

13/10/2012 OF THE 1ST PETITIONER.

EXHIBIT P2 TRUE COPY OF THE PENSION PAYMENT ORDER DATED 30TH JULY 2019 OF THE 2ND PETITIONER

EXHIBIT P3 TRUE COPY OF THE RELIEVING ORDER DATED 30/4/2013

EXHIBIT P4 TRUE COPY OF THE RELIEVING ORDER OF THE 4TH PETITIONER DATED 30/9/2013

EXHIBIT P5 TRUE COPY OF THE RETIREMENT NOTICE DATED 23.3.2011

EXHIBIT P6 TRUE COPY OF THE RETIREMENT NOTICE DATED 03.10.2012

EXHIBIT P7 COPY OF THE PENSION PAYMENT ORDER SLIP DATED 3/10/2019

EXHIBIT P8 TRUE COPY OF THE ORDER NO41/2016/ID DATED 29/2/2016

EXHIBIT P9 TRUE COPY OF THE PAYMENT OF REVISED PAY SCALES VIDE NO.A1/619/PAY RVN/2004 DATED 25.6.2016

EXHIBIT P10 TRUE COPY OF THE ORDER DATED 23/11/2020 IN WP(C) NO.25638 OF 2020 PASSED BY THIS HON'BLE COURT.

EXHIBIT P11 TRUE COPY OF THE ORDER DATED 7/1/2021 IN WP(C) NO.27620 OF 2018 PASSED BY THIS HON'BLE COURT.

EXHIBIT P12 TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT SOCIETY PURSUANT TO WRIT PETITION NO.25638 OF 2020 DATED 7.1.2021

EXHIBIT P13 TRUE COPY OF THE REPLY DATED 21/7/2018 TO THE R.T.I. FILED BY AN EX-EMPLOYEE OF THE 2ND RESPONDENT SOCIETY.

EXHIBIT P14 TRUE COPY OF THE REPRESENTATION MADE BY THE 1ST PETITIONER DATED 5/11/2020 BEFORE THE W.P(C).1855/2021

2ND RESPONDENT.

EXHIBIT P15 TRUE COPY OF THE REPRESENTATION DATED 17/11/2020 MADE BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P16 TRUE COPY OF THE REPRESENTATION DATED 6/11/2020 MADE BY THE ERD PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P17 TRUE COPY OF THE REPRESENTATION DATED 23/11/2020 MADE BY THE 4TH PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P18 TRUE COPY OF THE REPRESENTATION DATED 19/11/2020 MADE BY THE 5TH PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P19 TRUE COPY OF THE REPRESENTATION DATED 17/11/2020 MADE BY THE 6TH PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P20 TRUE COPY OF THE REPRESENTATION MADE BY THE 7TH PETITIONER DATED 6/11/2020