Mohanasundaran vs Calicut Municipal Corporation ...
2022 Latest Caselaw 11248 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA,
                            1944
                   WP(C) NO. 27904 OF 2013
PETITIONER:

           MOHANASUNDARAN
           AGED 61 YEARS
           S/O.NARAYANAN,"SAROVARAM"VENGERI.P.O,KOZHIKODE-
           673010.
           BY ADV SRI.NIRMAL. S


RESPONDENTS:

    1      CALICUT MUNICIPAL CORPORATION EMPLOYEES SOCIETY
           REPRESENTED BY ITS SECRETARY,CORPORATION
           OFFICE,BEACH ROAD,KOZHIKODE-673001.
    2      THE SECRETARY
           THE CO-OPERATIVE DEPARTMENT,TRIVANDRUM-695001.
    3      THE KERALA CO-OPERATIVE PENSION BOARD
           REPRESENTED BY ITS SECRETARY,CHINMAYA
           LANE,KUNNUMPURAM,THIRUVANANTHAPURAM-695001.
           BY ADVS.
           SRI.K.M.FIROZ
           SMT.M.SHAJNA


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.12.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 27904   OF 2013
                                       2



                  DEVAN RAMACHANDRAN, J.
           -------------------------------------------
                  W.P(C) No. 27904 of 2013
           --------------------------------------------------
            Dated this the 02nd day of December, 2022

                            JUDGMENT

The petitioner impugns Ext.P3 order of the 3 rd

respondent - Board, asserting that it has been issued in

violation of Exts.P4 and P5 Government Orders - which allows

reckoning of his prior service in the 'Central Industrial

Security Force' (CISF), for the purpose of pensionary

benefits, provided the former employer remits the share of

proportionate pro-rata pensionary liability.

2. The petitioner points out that, in Ext.P6,

Government of Kerala has counted the service of a retired

Driver in 'Central Reserve Police Force (CRPF) as qualifying

service for pension in the case of Municipal Common Service;

and therefore that, 3rd respondent Board was obligated to act

in similar fashion, going by the applicable Government

Orders.

3. The petitioner thus prays that Ext.P3 be set aside

and the 3rd respondent - Board be directed to reckon his

service in CISF as pensionable one and grant him the eligible WP(C) NO. 27904 OF 2013

arrears and current pension, within a time frame to be fixed

by this Court.

4. The afore submissions of Smt.Veena Hari -

learned counsel for the petitioner, were answered by

Sri.M.Sasindran - learned Standing Counsel for the 3 rd

respondent - Board, saying that, as is evident from Ext.P3,

his client has been incapacitated from acceding to the

request of the petitioner, since there are no enabling

provisions to reckon his service in the CISF. He, however,

conceded to a pointed question from this Court that, while

issuing Ext.P3, the 3rd respondent - Board had not adverted

to Exts. P4, P5 and P6.

In the afore circumstances, I order this Writ Petition and

set aside Ext.P3; with a consequential direction to the 3 rd

respondent to reconsider the petitioner's claim, adverting

specifically to Exts.P4, P5 and P6; and to thus issue an

appropriate order, including under the terms of Clause 38 of

the Statutory Pension Scheme, after hearing the petitioner as

also the Society, as expeditiously as is possible, but not later

than three months from the date of receipt of a copy of this

judgment.

WP(C) NO. 27904 OF 2013

If, through the afore exercise, the petitioner is found

eligible to have his earlier service in the CISF counting for

pensionary benefits, then the resultant monetary benefits -

including arrears and enhanced pension - will be made

available to him, within a period of two months thereafter.

Sd/-DEVAN RAMACHANDRAN, JUDGE

lsn WP(C) NO. 27904 OF 2013

APPENDIX OF WP(C) 27904/2013

PETITIONER EXHIBITS EXT.P1 TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER DATED 01.07.2011 TO THE IST RESPONDENT EXT.P2 TRUE COPY OF THE LETTER DATED 27.07.2011 OF THE PETITIONER EXT.P3 TRUE COPY OF THE SAID LETTER 01.03.2011.

EXT.P4 TRUE COPY OF THE G.O(P)NO.703/02/FIN DATED 12.11.2002.

EXT.P5 TRUE COPY OF THE G.O.P.NO.383/89 GUIDELINESS FOR RECKONING SERVICE RENDERED IN GOVERNMENT OF INDIA AND OTHER AUTONOMOUS BODIES FOR PENSIONARY BENEFITRS IN STATE GOVERNMENT DEPARTMENT AND VICE VERSA. EXT.P6 TRUE COPY OF THE GOVERNMENT LETTER NO.57785 DATED 22.12.2010.

EXT.P7 TRUE COPY OF THE COMMUNICATION ISSUED BY THE ASSISTANT INSPECTOR GENERAL CISF ACCEPTING THE RESIGNATION OF THE PETITIONER DATED 27.01.1981.

RESPONDENTS EXHIBITS: NIL

TRUE COPY

P.A TO JUDGE

LSN