Citation : 2021 Latest Caselaw 13280 Ker
Judgement Date : 24 June, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 24TH DAY OF JUNE 2021 / 3RD ASHADHA, 1943
WP(C) NO. 7103 OF 2016
PETITIONER:
PUBLIC EYE
(PUBLIC EDUCATIONAL CHARITABLE TRUST REGD.
NO.43/2016) REPRESENTED BY ITS GENERAL SECRETARY,
CC.41/3986, BANERJI ROAD, ERNAKULAM, KOCHI 682018
BY ADVS.
SRI.C.J.JOY
SMT.TINY THOMAS
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695001
2 KERALA GAZETTED OFFICERS ASSOCIATION (KGOA)
REPRESENTED BY ITS SECRETARY, SECRETARIAT EAST,
THIRUVANANTHAPURAM 695 035
3 KERALA NON GAZETTED OFFICERS UNION (KERALA NGO
UNION) REPRESENTED BY ITS SECRETARY,
TALAP, PMG, THIRUVNANATHAPURAM 670033
4 KERALA SCHOOL TEACHERS ASSOCATION (KSTA)
REPRESENTED BY ITS SECRETARY,
SANGEETH NAGAR, HOUSING BOARD,
THYCAUD, THIRUVANANTHAPURAM 695014
W.P.(C).7103/2016
2
5 KERALA PANCHAYAT EMPLOYEES ORGANISAION (KPEAO)
REPRESENTED BY ITS SECRETARY, NEERAZHI LANE,
THIRUVANANTHAPURAM 695001
6 KERALA MUNICIPAL AND CORPORATION STAFF
ASSOCATION (KMCSA)
REPRESENTED BY ITS SECRETARY,
C/O.COCHIN CORPORATION, PARK AVENUE,
ERNAKULAM, KOCHI 682011
7 ALL KERALA STATE SERVICE PENSIONERS UNION
REPRESENTED BY ITS SECRETARY, PATTOM,
THIRUVNANTHPAURAM 695004
8 THE 10TH PAY REVISION COMMISSION
REPRESENTED BY ITS SECRETARY,
SWARAJ BHAVAN, NANDANCODE, KOWDIAR,
THIRUVANANTHAPURAM, PIN 695003
BY ADVS.
SMT.N.SANTHA
SRI.V.VARGHESE
SRI.PETER JOSE CHRISTO
SMT.K.N.REMYA
SMT.L.ANNAPOORNA
SRI.S.A.ANAND
SRI.S.P.ARAVINDAKSHAN PILLAY -R2-4 & 7
SRI. TEK CHAND, SR GP FOR R1
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.06.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).7103/2016
3
JUDGMENT
Dated this the 24th day of June, 2021
S.Manikumar, C.J.
Petitioner has sought for the following reliefs:
"i) Issue a writ of certiorari quashing Ext.P4 Report of the 10 th Pay Revision Commission as the same is submitted in violation of the terms of reference to it and disregarding the facts stated in the said Report itself which did not justify any revision of pay and pension of Government employees and ruled out any necessity for such revision;
ii) Issue a writ of certiorari quashing Exts.P6 and P7 orders as they are issued by the 1st respondent without any application of mind and without taking the corrective steps recommended by the 10th Pay Revision Commission in Ext.P5 Report including the recommendation for making the revision to be effective for 10 years;
iii) Issue a writ of mandamus commanding the 1 st respondent to take the corrective steps recommended by the 10 th Pay Revision Commission in Ext.P5 report;
iv) Issue a writ of mandamus commanding the 1 st respondent to follow the Central pattern of 10 years in revising the pay & pension of its employees and to put off the revision ordered vide Ext.P6 and P7 till 1.7.2019 the date of completion of 10 years after the revision effected on the basis of the 8 th Pay Revision Commission Report.
v) Issue a writ of mandamus commanding the 1 st respondent to put off all fresh appointments in the offices and Departments as recommended by the 10th Pat Revision Commission in Ext.P4 and P5 Reports."
W.P.(C).7103/2016
2. As 11th Pay Commission Report has come into effect, both the
learned counsel for the parties submitted that nothing survives in this
writ petition for adjudication.
Placing on record the above submission, this writ petition is
dismissed as infructuous.
Sd/-
S. Manikumar, Chief Justice
Sd/-
Shaji P. Chaly, Judge sou.
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