Tuesday vs K.V.Vijayan
2021 Latest Caselaw 8036 Ker

WP(C) 40310/2016                     1/6




              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  Present:
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

            Tuesday,the 9th day of March 2021/18th Phalguna, 1942
                          WP(C) No.40310/2016(K)
     For information purpose only
PETITIONERS
1.    K.V.VIJAYAN
    AGED 70 YEARS, RETIRED SENIOR FIELD OFFICER, KAPRAKKATTE
    HOUSE, EDAVOOR P.O, 683 544, ERNAKULAM DISTRICT.
2.    V.K. VASUDEVAN PILLAI,AGED 68 YEARS
    AGED 68 YEARS, RETIRED SENIOR OFFICER MANAGER, THAZHATH
    CHAKKALAYIL HOUSE, KEEZHVAIPUR P.O, 689 587,
    PATHANAMTHITTA DISTRICT.(DIED).
3.    T.G. GOPINATHAN,AGED 73 YEARS
    AGED 73 YEARS, RETIRED SENIOR OFFICE MANAGER,
    CHOORAVELIL HOUSE, CHENNERKARA P.O, 689 517,
    PATHANAMTHITTA DISTRICT.
4.    K.O GEORGE,AGED 71 YEARS
    RETIRED DEPUTY MANAGER, POTTAMPLACKAL HOUSE, ULIKKAL
    MANIKKADAVU P.O, 670 705, KANNUR DISTRICT.
5.    SARAMMA ISAC,AGED 74 YEARS
    AGED 74 YEARS, RETIRED DEPUTY MANAGER, KOONANPARAMPIL
    HOUSE, KANJIRAMALA, PUNALUR PAPER MILLS P.O, 691 305,
    KOLLAM DISTRICT.
6.    ANNINI N PILLAI,AGED 71 YEARS
    RETIRED DEPUTY MANAGER, PANDISSERIAL HOUSE,
    KUTTAPUZHA P.O, THIRUVALLA 689 103, PATHANAMTHITTA
    DISTRICT.
7.    M. SAMUEL JOHN,AGED 73 YEARS
    RETIRED DEPUTY MANAGER, SHINEY NIVAS, EDAKULANGARA P.O,
    690 562, KOLLAM DISTRICT.
8.    RADHA VASUDEVAN PILLAI
    W/O LATE V.K.VASUDEVAN PILLAI, THAZHATHUCHAKKALAYIL
    HOUSE, KEEZHVAIPUR PO, PATHANAMTHITTA DISTRICT-689587.
9.    DEEPA JAYACHANDRAN
    W/O JAYACHANDRAN NAIR, MIDHILA,PULLAD PO,
    PATHANAMTHITTA DISTRICT-689548.
10.   SUDEEP V PILLAI
    S/O LATE V.K.VASUDEVAN PILLAI, THAZHATHUCHAKKALAYIL
    HOUSE, KEEZHVAIPUR PO, PATHANAMTHITTA DISTRICT-689587.
 WP(C) 40310/2016              2/6

  (ARE IMPLEADED AS PER ORDER DATED 26.10.2017 IN IA
15461/2017)




    For information purpose only
 WP(C) 40310/2016                        3/6



RESPONDENTS
1.       MMTC LIMITED
      REPRESENTED BY ITS CHAIRMAN & MANAGING DIRECTOR, CORE
      I, SCOPE COMPLEX, 7, INSTITUTIONAL AREA, LODI ROAD, NEW
      DELHI 110 003.
2.       THE ADDITIONAL GENERAL MANAGER
      MMTC LIMITED, SUB- REGIONAL OFFICE, POST BOX NO 3597, JOS
     For information purpose only
      TRUST BUILDING,CHITTOOR ROAD, ERNAKULAM, KOCHI 682
      035.A

       Writ Petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be

pleased to direct the 1 st Respondent to intimate the cost of Annuity
purchased and was paid or was payable to the Life Insurance Corporation
of India to arrange payment of monthly annuity pension to the voluntarily
retired employee of the Respondent corporation as on 2000, 2001 and
2003, under Exhibit P1 and P2 orders and the amount of share of such
cost collected from such retired employees during the years 2000, 2001
and 2003 while releasing monthly pension.


     This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this court's order dated
15-02-2021 and upon hearing the arguments of SRI. M.N.MATHEW,
Advocate for the petitioners and of SRI. SANAT KUMAR (SENIOR
ADVOCATE) along with SMT. SADHANA KUMARI ESWARI, Advocates for
respondents        1 & 2, the court passed the following:-
 WP(C) 40310/2016                  4/6




Ext.P11. True copy of judgment dated 21-11-2016 of the Honourable High
Court of Kerala in WP(C) No. 29243 of 2009(A).




    For information purpose only
                DEVAN RAMACHANDRAN, J.

--------------------------------------------------

W.P.(C) No.40310 of 2016

-------------------------------------------------- Dated this the 9th day of March, 2021

For information O R D E purpose R only The learned Senior Counsel appearing for the

respondents submitted that the petitioners can be

paid their benefits up to February 2007, as has

been done in Ext.P11 judgment dated 21.11.2016 in

W.P.(C)No.29243 of 2009.

2. However, the learned counsel for the

petitioners, submitted that his clients are

willing to forgo all future pension from December

2016, when this writ petition was filed.

3. The above makes it ineluctable that there

is no consensus between the parties as to the year

until which the benefits can be granted as far as

the petitioners are concerned; but the learned

Senior Counsel and learned counsel for the parties

prayed that they be given some time to reflect

upon this.

W.P.(C) No.40310 of 2016

I, therefore, adjourn this matter for the

parties to think about this and report to this

Court.

 ForList
     information        purpose only

this case on 05.04.2021 for further

consideration.

Sd/-

DEVAN RAMACHANDRAN, JUDGE akv

/true copy/ Sd/- ASSISTANT REGISTRAR