V.Muhammed Asharaf vs The Managing Committee
2022 Latest Caselaw 5460 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR. JUSTICE SATHISH NINAN
  FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
                      WP(C) NO. 2443 OF 2022
PETITIONER:

            V.MUHAMMED ASHARAF,AGED 62 YEARS
            S/O ABOOBACKER (LATE) RESIDING AT AHLAM
            MANIKKAKAVU ENTRANCE ROAD 2ND DEVIATION, P O
            THANA, KANNUR DISTRICT, PIN 670012.

            BY ADV P.U.SHAILAJAN



RESPONDENTS:

    1       THE MANAGING COMMITTEE, KERALA STATE JOURNALIST
            WELFARE PENSION SCHEME, SOUTH BLOCK, GOVERNMENT
            SECRETARIAT, THIRUVANANATHAPURAM 695001,
            REPRESENTED BY ITS CONVENER.

    2       THE DIRECTOR, INFORMATION AND PUBLIC RELATIONS
            DEPARTMENT, GOVERNMENT OF KERALA, SOUTH BLOCK
            GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
            695001.




     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   20.05.2022,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P(C) No.2443 of 2022
                                 2


                      Sathish Ninan, J.
               ==============================
                   W.P(C) No.2443 of 2022
                 ==========================
            Dated this the 20th day of May, 2022

                              JUDGMENT

Petitioner was a journalist in Chandrika Daily

News Paper since 17.09.1979. He was a member of the

Kerala State Journalist Pension Scheme with membership

number XIII/113. The monthly subscription amount was

remitted by him only till 03.07.2018. According to the

petitioner, though he submitted an application for

renewal, there was no response on it. Thereupon he

submitted Ext P1 application dated 15.11.2021 seeking

return of the amounts paid by him. The petitioner

relies on Clause 4(4) of the Scheme to contend that,

when membership is cancelled the member is entitled to

get back the amounts remitted by him. Ext P1 request is

pending consideration before the 2 nd respondent. The

petitioner seeks for an expeditious consideration of

the same.

W.P(C) No.2443 of 2022

2. In spite of service of notice on the

respondents there is no appearance.

3. The request having been made before the 2 nd

respondent for refund of the amounts remitted by the

petitioner, it is for the 2 nd respondent to pass

appropriate orders thereon in terms of the relevant

provisions of the Scheme.

Accordingly, without expressing anything on

merits, the Writ Petition is disposed of directing the

2nd respondent to consider and pass appropriate orders

on Ext P1 application, as expeditiously as possible and

at any rate within a period of two months from the date

of receipt of a copy of this judgment.

Sd/- Sathish Ninan, Judge

vdv W.P(C) No.2443 of 2022

APPENDIX OF WP(C) 2443/2022

PETITIONER EXHIBITS

Exhibit p1 TRUE COPY OF THE APPLICATION DATED 15.11.2021 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT AND ANOTHER

Exhibit2 TRUE COPY OF THE RECEIPT ISSUED FROM THE KANNUR RAILWAY STATION POST OFFICE DATED 15.11.2021, NOS.EL458170517IN & EL458170503IN

Exhibit3 TRUE COPY OF THE GOVERNMENT ORDER WITH NO.(P)7/93/P.R DATED 16.8.1993 ALONG WITH THE RULES OF THE KERALA STATE JOURNALISTS PENSION SCHEME