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Public Eye vs State Of Kerala
2021 Latest Caselaw 13280 Ker

Citation : 2021 Latest Caselaw 13280 Ker
Judgement Date : 24 June, 2021

Kerala High Court
Public Eye vs State Of Kerala on 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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