R.G.Vilas Kumar vs Food Corporation Of India
2021 Latest Caselaw 20282 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT
                THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                     &
                 THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
        Thursday, the 30th day of September 2021 / 8th Aswina, 1943
                             WA NO. 477 OF 2016

    AGAINST JUDGMENT DATED 18/01/2016 IN WPC 22133/2015 OF THIS COURT.

                                    ---

APPELLANT/PETITIONER:

  R.G.VILAS KUMAR,AGED 52 YEARS,S/O.RAGHAVAN PILLAI,

  KALLINGAVILA VEEDU,MANAKKAL P.O.,THIRUVANANTHAPURAM,

  NOW WORKING AS ASSISTANT GRADE-III (GENERAL),

  FOOD CORPORATION OF INDIA,REGIONAL OFFICE,KESAVADASAPURAM.

BY ADV.SRI.T.A.UNNIKRISHNAN

RESPONDENTS/RESPONDENTS:

1.THE FOOD CORPORATION OF INDIA,

  REPRESENTED BY ITS MANAGING DIRECTOR,

  FOOD CORPORATION OF INDIA HEAD QUARTERS,

  NEW DELHI, PIN -110 001.

2.THE EXECUTIVE DIRECTOR (SOUTH),

  FOOD CORPORATION OF INDIA,ZONAL OFFICE,

  CHENNAI,PIN-6000 006.

3.THE GENERAL MANAGER,FOOD CORPORATION OF INDIA,

  REGIONAL OFFICE,THIRUVANANTHAPURAM,PIN-695 004.

BY SRI.JOSE KURIAKOSE, STANDING COUNSEL FOR R1 TO R3


     Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to direct the respondents to treat the intervening period from the date of
dismissal till reinstatement as period spend on duty and release the
salary for the said period forthwith, pending disposal of the Writ Appeal.


     This Writ Appeal coming on for orders on 30.09.2021 upon perusing
the appeal memorandum, the court on the same day passed the following:
     ALEXANDER THOMAS & A. BADHARUDEEN, JJ.
===============================================
               Writ Appeal No.477/2016
 [Arising out of the Judgment dated 18.1.2016 in W.P.(C) No.22133/2015]
===============================================
         Dated this the 30th day of September, 2021

                             ORDER

Sri.Jose Kuriakose, learned Standing Counsel for the

respondent - Food Corporation of India (FCI) would

submit that, it has to be verified as to whether the

pension scheme of the petitioner is one, which is being

administered directly by respondent - FCI or whether the

appellant is covered by the Employees Pension Scheme

as per the Employees Provident Fund Act and that if the

appellant is actually covered by the Employees Pension

Scheme under the EPF Act, it cannot be now feasible to

treat the above period in question, where he was kept

out of service for the purpose of reckoning pension etc.

and that some more time may be granted to get correct

factual aspects and to file statement on behalf of the Writ Appeal No.477/2016

respondents. Time granted. List this matter on

12.10.2021 in the admission list.

Sd/

ALEXANDER THOMAS, JUDGE

sd/ A. BADHARUDEEN, JUDGE

jm/

30-09-2021 /True Copy/ Assistant Registrar