T.K.Rajmohan vs State Of Kerala
2021 Latest Caselaw 15364 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     THURSDAY, THE 22ND DAY OF JULY 2021 / 31ST ASHADHA, 1943
                       WP(C) NO. 28911 OF 2020
PETITIONER:

          T.K.RAJMOHAN, TEJASWINI HOUSE NO.38/2208 A,
          EDAKKAD P.O., KOZHIKODE-673005.

          K.JAJU BABU (SR.)
          SMT.M.U.VIJAYALAKSHMI
          SRI.BRIJESH MOHAN
          KUM.T.S.ATHIRA
          SHRI.SACHIN RAMESH


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF
          GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695001.

    2     THE ACCOUNTANT GENERAL (A AND E),
          THIRUVANANTHAPURAM-695039.

          SRI. SUNIL KUMAR KURIAKOSE - GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 28911 OF 2020
                                           2

                                      JUDGMENT

The petitioner, who is stated to have worked as a

member of the Kerala Real Estate Regulatory Authority

(KRERA), has approached this Court making various

allegations and averments and seeking that this Court

declare that he is entitled for salary and allowances for the

entire period of his tenure, under Section 23 of the Kerala

Real Estate (Regulation and Development) Act, 2015 (for

short 'the Act') for the period from 05.03.2016 to

04.03.2021.

2. I must record that it may not be necessary for this

Court to enter into the merits of any of the allegations and

averments in this case because, when the former

Chairperson of the KRERA had approached this Court

seeking similar reliefs through W.P.(C) No.26926/2020,

Ext.P14 judgment had been delivered. In fact, the learned

counsel for the petitioner, Sri.Brijesh Mohan and the

learned Government Pleader Sri.Sunil Kumar Kuriakose are

ad idem that the issues in this case are similar, if not

identical, to ones that were noticed by this Court in W.P.(C)

No.26926/2020.

3. I notice from the judgment in W.P.(C) WP(C) NO. 28911 OF 2020

No.26926/2020 that the same had been allowed with a

direction to the official respondents to ensure that the

eligible pay and allowances to the petitioner, who was the

Chairperson of the KRERA, while he worked in that capacity

between 04.09.2015 to 16.09.2017, be disbursed to him on

the scales applicable under the Act or as per the Kerala

Service Rules (KSR).

4. I, therefore, see no reason why the petitioner herein

be also not granted the said benefit.

Resultantly, I allow this writ petition and direct the

respondents to ensure that the eligible pay and allowances

to the petitioner, while he worked in the capacity as the

member of the Kerala Real Estate Regulatory Authority

during the period between 05.03.2016 and 04.03.2021, is

disbursed to him on the scales applicable under the Act, or

as per the KSR, as the case may be, as expeditiously as is

possible, but not later than three months from the date of

receipt of a copy of this judgment.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 28911 OF 2020

APPENDIX OF WP(C) 28911/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE RELEVANT EXTRACT OF THE KERALA REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2015.

EXHIBIT P2 TRUE COPY OF THE G.O.(P)NO.13/2016/LSGD DATED 4.3.2016 ISSUED BY THE GOVERNMENT.

EXHIBIT P3 TRUE COPY OF THE PENSION VERIFICATION REPORT DATED 15.12.15 OF THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE G.O.(RT)NO.157/2016/LSGD DATED 16.1.2016 ISSUED BY THE GOVERNMENT.

EXHIBIT P5 TRUE COPY OF THE G.O.(P)NO.40/2016/LSGD DATED 25.2.2016 ISSUED BY THE GOVERNMENT.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION NO.8/2016/RERA DATED 26.4.2016 SUBMITTED BY CHAIRMAN BEFORE THE 1ST RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION NO.8/2016/RERA DATED 20.10.2016 SUBMITTED BY CHAIRMAN BEFORE THE 1ST RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE D.O.NO.06/2016/RERA DATED 17.1.2017 SUBMITTED BY CHAIRMAN BEFORE THE 1ST RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE D.O.NO.06/2016/RERA DATED 13.3.2017 SUBMITTED BY CHAIRMAN BEFORE THE 1ST RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE REPRESENTATION NO.06/2016/RERA DATED 28.3.2017 SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE CHIEF MINISTER.

EXHIBIT P11 TRUE COPY OF THE ORDINANCE NO.15/2017 NOTIFIED ON 15.7.2017.

WP(C) NO. 28911 OF 2020

EXHIBIT P12 TRUE COPY OF THE COMMUNICATION NO.LSGD-

IB1/119/2017-LSGD DATED 16.9.2017 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P13 TRUE COPY OF THE LETTER NO.LSGD-IB/119/LSGD DATED 9.10.2017 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P14 TRUE COPY OF THE JUDGMENT DATED 08.04.2021 IN W.P.(C) NO.26926 OF 2020 OF THIS HON'BLE COURT.