Narayanan C vs The Executive Committee Of Kerala ...
2021 Latest Caselaw 1240 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942

                        WP(C).No.419 OF 2021(B)


PETITIONERS:

      1        NARAYANAN C.
               AGED 58 YEARS
               S/O. CHAMI, CHAKKOTTIL HOUSE, BHEEMANAD P.O.,
               PALAKKAD, RETIRED FROM SERVICE ON 31/05/2020.

      2        RAMANI M.B.
               D/O. BASKARAN, MUTHUKATTIL HOUSE, THIRUVIZHAMKUNNU
               P.O., PALAKKAD, RETIRED FROM SERVICE ON 31/01/2020.

      3        MOOSA K.
               S/O. HYDROS, KONJATH HOUSE, THIRUVIZHAMKUNNU P.O.,
               PALAKKAD, RETIRED FROM SERVICE ON 31/05/2018.

      4        T. UMMUSALMA
               D/O. MUHAMMAD, THAYYIL HOUSE, THIRUVIZHAMKUNNU P.O.,
               PALAKKAD, RETIRED FROM SERVICE ON 31/01/2019.

      5        SURESHKUMAR C.B.
               S/O. BHASKARA NAIR, KRISHNAVIHAR, THIRUVIZHAMKUNNU
               P.O., PALAKKAD, RETIRED FROM SERVICE ON 31/03/2020.

      6        NARAYAN KUTTY K.
               S/O. RAMANKUTTY EZHUTHASSAN, KUNDUPALLIYIL HOUSE,
               KACHERIPARAMBU P.O., PALAKKAD, RETIRED FROM SERVICE
               ON 31/05/2020.

      7        KUNJAYMU V.
               S/O. MOEDEEN, VALAPPIL HOUSE, THIRUVIZHAMKUNNU P.O.,
               PALAKKAD, RETIRED FROM SERVICE ON 30/04/2020.

      8        SAROJINI M.
               D/O. RAVUNNI, MURIYAKKANNI HOUSE, THIRUVIZHAMKUNNU
               P.O., PALAKKAD, RETIRED FROM SERVICE ON 28/02/2019.

      9        KRISHNAKUMAR
               S/O. KRISHNAN, CHELANCHERY HOUSE, THIRUVIZHAMKUNNU
               P.O., PALAKKAD, RETIRED FROM SERVICE ON 31/08/2019.

      10       K. BHASKARAN
               S/O. VELU, KOTTARATHIL HOUSE, THIRUVIZHAMKUNNU P.O.,
               PALAKKAD, RETIRED FROM SERVICE ON 31/05/2017.
 WP(C).No.419 OF 2021

                                2

       11     C.D. THILAKARAJ
              S/O. DIVAKARAN, CHAHIYIL HOUSE,
              THIRUVIZHAMKUNNU P.O., PALAKKAD,
              RETIRED FROM SERVICE ON 31/03/2015.

       12     RAMANKUTTY N.
              S/O. KRISHNAN, NARAYANKOTTIL HOUSE, BHEEANAD P.O.,
              PALAKKAD, RETIRED FROM SERVICE ON 31/05/2017.

       13     RADHAKRISHNAN K.P.
              S/O. RAMANKUTTY EZHUTHASSAN,
              KUNDUPPALLIYAATHIL HOUSE, KACHERIPARAMBU P.O.,
              PALAKKAD, RETIRED FROM SERVICE ON 31/05/2017.

       14     T. KHALID
              S/O. RAYU, TAYYIL HOUSE, THIRUVIZHAMKUNNU P.O.,
              PALAKKAD, RETIRED FROM SERVICE ON 30/11/2012.

       15     C. KRISHNANKUTTY
              S/O. RAMAKRISHNAN, CHOLAKKAL HOUSE,
              THIRUVIZHAMKUNNU P.O., PALAKKAD,
              RETIRED FROM SERVICE ON 31/05/2018.

       16     K.V. VIJAYAKUMARAN
              S/O. NARAYANAN, KOTTIVEETIL HOUSE,
              THIRUVIZHAMKUNNU P.O., PALAKKAD,
              RETIRED FROM SERVICE ON 31/05/2013.

       17     K. MUHAMMEDKUTTY
              S/O. MUHAMMAD, KUNIYARCHI, THIRUVIZHAMKUNNU P.O.,
              PALAKKAD, RETIRED FROM SERVICE ON 30/04/2016.

       18     K. MUHAMEDALI
              S/O. KUNJAMMU, KODAKKAN HOUSE, THIRUVIZHAMKUNNU
              P.O., PALAKKAD, RETIRED FROM SERVICE ON 31/04/2016.

       19     RAMACHANDRAN M.
              S/O. NARAYAN NAIR, MUNDATHIL HOUSE,
              EDANTHANAKOTTU KANE P.O., PALAKKAD, RETIRED FROM
              SERVICE ON 30/09/2017.

       20     T. MUHAMMED BASHEER
              S/O. MIADEEN, THANIKODVAN HOUSE, THIRUVIZHAMKUNNU
              P.O., PALAKKAD, RETIRED FROM SERVICE ON 31/05/2018.

              BY ADVS.
              SRI.P.V.JAYACHANDRAN
              SRI.NIDHI BALACHANDRAN
 WP(C).No.419 OF 2021

                                 3

RESPONDENTS:

       1       THE EXECUTIVE COMMITTEE OF KERALA AGRICULTURAL
               UNIVERSITY, REPRESENTED BY ITS VICE CHANCELLOR,
               VELLANIKKARA, MANNUTHY, TRISSUR - 680654

       2       THE REGISTRAR,
               KERALA AGRICULTURAL UNIVERSITY, K A U POST,
               VELLANIKKARA, MANNUTHY, TRISSUR - 680654

       3       THE BOARD OF MANAGEMENT, KERALA VETERINARY & ANIMAL
               SCIENCES UNIVERSITY, POOKOT, WYNAD, REPRESENTED BY
               ITS VICE CHANCELLOR, 673576

       4       THE REGISTRAR,
               KERALA VETERINARY & ANIMAL SCIENCES UNIVERSITY,
               POOKOT, WYNAD 673576

               SRI.ROBSON PAUL, SC, KAU
               SRI.T.K. SAJEEV FOR R3 AND R4

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.419 OF 2021

                                        4




                                JUDGMENT

This writ petition is filed seeking the following prayers:

"(a) Declare that petitioners are entitled to get reckon the previous uninterrupted continuous service from 1997 or from 24.11.1999 the date of Ext.P3 till the date of retirement for the purpose of calculating the pension benefits.

(ii) Issue a Writ of Mandamus or appropriate Writs directions or orders directing the 4th respondent to reckon the 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

counsel for the respondents.

3. It is submitted by the learned counsel for the petitioners that the

petitioners had been working as Casual Workers in 10 farms under the

Kerala Agricultural University including the Live Stock Research

Station at Thiruvizhamkunnu. It is submitted that the services of the

petitioners had thereafter been transferred to the newly formed

Kerala Veterinary and Animal Sciences University on bifurcation of

the Kerala Agricultural University. It is submitted that seeking the

benefit of counting of earlier casual service rendered by the WP(C).No.419 OF 2021

petitioners, the petitioners have approached the respondents by

Ext.P7 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. The learned counsel appearing for respondents 1 and 2 would

submit that the representation preferred by the petitioners is liable to

be forwarded to the 4th respondent for a proper consideration of the

matter. It is stated that the details available with the 2 nd respondent

with regard to the earlier engagement of the petitioners will also be

forwarded to the 4th respondent for a consideration of the issue. It is

submitted that since the earlier engagement of the petitioners was in

the year 1997, the available details can be forwarded by the 2 nd

respondent.

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

4th respondent to take up and consider Ext.P7 representation preferred

by the petitioners in accordance with law. The details available with

regard to the earlier service of the petitioners shall be forwarded by

the 2nd respondent to the 4th respondent for a proper consideration. WP(C).No.419 OF 2021

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.419 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF ORDER NO.

WPF/A4/45269/97/FAM DATED 06/12/97.

 EXHIBIT P2            TRUE COPY OF PROCEEDING NO.
                       GA/F2/23478/98 DATED 03/07/98.

 EXHIBIT P3            TRUE COPY OF THE ORDER GO(MS)
                       NO.326/99/AGRI. DATED 24/11/99.

 EXHIBIT P4            TRUE COPY OF THE PROCEEDING NO.
                       GA(F2)/43242/99 DATED 13/03/2000.

 EXHIBIT P5            TRUE COPY OF THE PROCEEDINGS NO.
                       GA/F2/25560/2008 DATED 25/09/2009.

 EXHIBIT P6            TRUE COPY OF THE ORDER NO. L4-1024/2006
                       DATED 30/09/2009.

 EXHIBIT P7            TRUE COPY OF THE REPRESENTATION DATED
                       18/12/2020.


 RESPONDENT'S/S EXHIBITS: NIL