Citation : 2023 Latest Caselaw 5087 Ker
Judgement Date : 13 April, 2023
WP(C) No.13507/2023 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
Thursday, the 13th day of April 2023 / 23rd Chaithra, 1945
WP(C) NO. 13507 OF 2023(K)
PETITIONERS:
1. SULAIKHA BEEVI S., AGED 63 YEARS, D/O. ALIYARU KUNJU, T.C . VP
4/1743(2), PUTHOORKONAM, MANIKANTESWARAM P.O., VATTIYOORKAVU,
THIRUVANANTHAPURAM, PIN - 695013
2. GIRIJAMMA C., AGED 64 YEARS, D/O. MANUVEL NADAR, JIJO BHAVAN, HOUSE
NO. 60-B, PERUMBAMADAM, PIRAPPANCODE P.O., THIRUVANANTHAPURAM, PIN -
695607
3. SAILAJA S., AGED 64 YEARS, D/O. GANGADHARAN K., VADAKKATHIL VEEDU,
CHELLAMANGALAM, SREEKAIYAM P.O., THIRUVANANTHAPURAM, PIN - 695017
4. B.LEELA, AGED 64 YEARS, D/O. RAGHAVAN, TC 16/1050, CHULLAYIL VEEDU,
JAGATHY, THYCAUD P.O., THIRUVANANTHAPURAM, PIN - 695014
5. MAYA B. NAIR, AGED 60 YEARS, D/O. V.G. BALAKRISHNAN NAIR, VN 27(A),
EBENEZER, VIDYA NAGAR, THYCAUD P.O., THIRUVANANTHAPURAM, PIN -
695014
RESPONDENTS:
1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIATE,
THIRUVANANTHAPURAM , PIN - 695001
2. THE KERALA STATE CENTRE FOR ADVANCED PRINTING & TRAINING(C-APT),
VATTIYOORKAVU, THIRUVANANTHPURAM-13, REPRESENTED BY ITS MANAGING
DIRECTOR.
3. THE MANAGING DIRECTOR, THE KERALA STATE CENTRE FOR ADVANCED PRINTING
& TRAINING, VATTIYOORKAVU, THIRUVANANTHPURAM, PIN - 695013
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 respondents 2 and 3 to pay salary arrears, the pay
revision arrears and DA arrears as per the 9th pay revision admittedly due
to the petitioners and as paid to similarly situated retired employees as
evident from Exhibit P7 to 11, pending disposal of the Writ Petition
(Civil).
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. E.S.ASHRAF, K.S.KARUNAMOL, Advocates for the petitioners, GOVERNMENT
PLEADER for R1 and of SMT.LATHA ANAND, Advocate for the respondents 2 and
3, the court passed the following:
p.t.o
WP(C) No.13507/2023 2/3
SATHISH NINAN, J.
= = = = = = = = = = = = = = = = = =
W.P.(C) No.13507 of 2023
= = = = = = = = = = = = = = = = = =
Dated this the 13th day of April, 2023
O R D E R
Admit.
2. Heard the learned counsel for the petitioners
and the learned counsel appearing for the respondents.
3. In view of the interim orders passed in W.P.(C)
Nos.16168 of 2021 and 38675 of 2022, I am of the opinion
that the petitioners in this Writ Petition who are
similarly situated are also entitled to payment of the
admitted arrears.
4. There will be an interim direction to the
respondents to calculate the admitted arrears due to the
petitioners and release the same at any rate within
three months from the date of receipt of copy of this
order.
Post along with connected cases.
Sd/-
SATHISH NINAN JUDGE
kns/-
//True Copy// P.S. to Judge
13-04-2023 /True Copy/ Assistant Registrar
WP(C) No.13507/2023 3/3
APPENDIX OF WP(C) 13507/2023
Exhibit P7 A TRUE COPY OF THE JUDGMENT W.P.(C) NO. 8076 OF 2015
DATED 30.03.2015
Exhibit P8 A TRUE COPY OF THE INTERIM ORDER DATED 11.10.2021 IN
W.P.(C) NO.16168/2021
Exhibit P9 TRUE COPY OF THE PROCEEDINGS NO. C-APT/3687/LGL/2021
DATED 11.11.2021 PAYING THE PAY REVISION ARREARS OF THE 9TH PAY REVISION AND DA ARREARS TO SRI. GOPAKUMAR K.B, THE 2ND PETITIONER IN W.P.(C) NO.16168/2022 Exhibit P10 TRUE COPY OF THE COMMON INTERIM ORDER DATED 21.11.2022 IN W.P.(C) NO. 10606 OF 2022 & W.P.(C) NO. 16168 OF
Exhibit 11 A TRUE COPY OF THE INTERIM ORDER DATED 13.03.2023 IN W.P.(C) NO.5360 OF 2023(T)
13-04-2023 /True Copy/ Assistant Registrar
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