Citation : 2022 Latest Caselaw 12141 Ker
Judgement Date : 22 December, 2022
OP(KAT) No.438/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Thursday, the 22nd day of December 2022 / 1st Pousha, 1944
OP(KAT) NO. 438 OF 2022
OA (EKM) 547/2019 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM.
PETITIONERS:
1. V. CHANDRAN, S/O AYYAPPAN, AGED 71 YEARS, RESIDING AT VADAKKAYIL
HOUSE, PAYYOLI, KOZHIKODE DISTRICT, RETIRED HEAD CLERK, OFFICE OF
THE ASSISTANT EXECUTIVE ENGINEER, PWD NATIONAL HIGHWAY BYPASS
SUBDIVISION, KOZHIKODE.
2. P KRISHNAN, S/O UNNIPERAVAN, AGED 71 YEARS RESIDING AT SREEKRIPA,
PANANGAVIL HOUSE, MANAKKNDAVU P. O , PANTHEERAMKAVU, KOZHIKODE
DISTRICT 673 019, RETIRED HEAD CLERK, OFFICE OF THE ASSISTANT
EXECUTIVE ENGINEER, PWD BUILDING SUBDIVISION, KOZHIKODE.
3. N P THANKAMMA, W/O P.AJOSE, AGED 71, RESIDING AT MANJU BHAWAN,
DESODHARINI CROSS ROAD, MALAPARAMBA KOZHIKODE DISTRICT-673009,
RETIRED ADMINISTRATIVE ASSISTANT, OFFICE OF THE SUPERENDING
ENGINEER, PWD ROADS AND BRIDGES, NORTH CIRCLE, KOZHIKODE., PIN -
673009
4. MARYKUTTY, W/O K N PHILIP, AGED 71, RESIDING AT KARIMATTAM,
CHEVAYOOR P.0, KOZHIKODE DISTRICT-673017, RETIRED FIRST GRADE DRAFTS
MAN, OFFICE OF THE SUPERENDING ENGINEER, PWD ROADS AND BRIDGES,
NORTH CIRCLE, KOZHIKODE.
RESPONDENTS:
1. THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY TO
GOVERRMENT, THIRUVANANTHAPURAM, KERALA., PIN - 695 001.
2. THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM, KELALA STATE., PIN - 695 001.
OP Kerala Administrative Tribunal praying inter alia that in the
circumstances stated in the affidavit filed along with the OP(KAT) the
High Court be pleased to a) to call for the records leading to Ext P4 and
set aside Ext P4 b) to direct the respondents to pass orders enabling
parity in pension and pensionary benefits to petitioners with similarly
placed employees, irrespective of their date of retirement. c) grant such
other reliefs as may be prayed for by the petitioner and which the court
deems fit and proper during the course of the proceedings in the W.P.(C).
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of OP(KAT) and upon hearing the arguments
OP(KAT) No.438/2022 2/4
of M/S.M.POLY MATHAI & VIMAL K.CHARLES, Advocates for the petitioners,
the court passed the following:
OP(KAT) No.438/2022 3/4
A.K.JAYASANKARAN NAMBIAR
&
MOHAMMED NIAS C.P., JJ
............................................................
OP(KAT).438 of 2022
..................................................................
Dated this the 22nd day of December, 2022
ORDER
A.K.Jayasankaran Nambiar, J.
Admit. Learned Government Pleader takes notice for the
respondents.
Post after six weeks.
Sd/-
A.K.JAYASANKARAN NAMBIAR, JUDGE
Sd/-
MOHAMMED NIAS C.P., JUDGE
Mrcs OP(KAT) No.438/2022 4/4
APPENDIX OF OP(KAT) 438/2022 Exhibit P4 TRUE COPY OF THE JUDGMENT IN 0.A.NO.547/2019 DATED 29.3.2022
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