Kerala High Court
Ajith K Raj vs State Of Kerala on 6 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
WP(C) NO.34505 OF 2022
PETITIONERS :-
1 SRI.AJITH K RAJ, AGED 34 YEARS
S/O.RAJAN, RESIDING AT KIZHAKKEKKATTETH HOUSE,
THEKKUMBHAGAM THRIPUNITHURA, ERNAKULAM-682 301
NOW WORKING AS CONFIDENTIAL ASSISTANT GR.1,
SUB COURT, DISTRICT COURT COMPLEX,
4TH FLOOR, ERNAKULAM - 682 011.
2 SRI.SUBAIR K.M., AGED 43 YEARS,
S/O.MUHAMMAD K.E, RESIDING AT KARIMATTATHIL HOUSE,
MUTHALAKKODAM, IDUKKI DISTRICT, PIN-685 605,
NOW WORKING AS CONFIDENTIAL ASSISTANT GR.1,
KERALA FOREST & WILDLIFE DEPARTMENT,
FOREST HEADQUARTERS, THIRUVANANTHAPURAM - 695 003.
3 SRI.PRASANTH R. NAIR, AGED 40 YEARS,
S/O.RADHAKRISHNAN NAIR, RESIDING AT NIVEDHYAM,
PLAVILA PUTHENVEEDU, KURISUMUTTOM, KUNDAMANKADAVU,
PEYAD P.O., THIRUVANANTHAPURAM - 695 573
NOW WORKING AS CONFIDENTIAL ASSISTANT GR-II,
PORT DEPARTMENT (KERALA MARITIME BOARD),
DIRECTORATE OF PORTS (HEAD OFFICE,
KERALA MARITIME BOARD), VALIYATHURA,
VALLADADAVU P.O, THIRUVANANTHAPURAM-695 008
4 SMT.J.S. MALINI, AGED 43 YEARS,
D/O.SASI KUMARAN NAIR, RESIDING AT VASANTHAVILASAM, TC6,
2169, VNRI 195, VALIYAVILA, VATTIYOORKKAVU P.O.,
THIRUVANANTHAPURAM - 695 013, NOW WORKING AS
CONFIDENTIAL ASSISTANT SR. GRADE,
HARBOUR ENGINEERING DEPARTMENT, O/O CHIEF ENGINEER,
KAMALESHWARAM, MANARCAUD.P.O,
THIRUVANANTHAPURAM - 695 009.
5 SMT.SARITHA. J., AGED 33 YEARS,
D/O.KUMARAN NAIR, RESIDING AT PLAVILA PUTHEN VEEDU,
VITTIYAM, PEYADU P.O., THIRUVANNATHAPURAM - 695 573
NOW WORKING AS CONFIDENTIAL ASSISTANT SR. GRADE,
KERALA P.S.C, PATTOM, THIRUVANANTHAPURAM - 695 013
6 SMT.BIJILA T.S., AGED 36 YEARS,
D/O.THANKAPPAN, RESIDING AT ANCHIRANDIL HOUSE,
PUTOOR P.O, MYLAMKULAM, KOLLAM, PIN-691 507,
NOW WORKING AS CONFIDENTIAL ASSISTANT GR.II
O/O. LAND REVENUE COMMISSIONER,
PUBLIC OFFICE BUILDING, VIKAS BHAVAN,
THIRUVANANTHAPURAM - 33
WP(C) NO.34505 OF 2022
-: 2 :-
7 SRI.SHARAFUDHEEN K.C., AGED 34 YEARS,
S/O.ABDURAHIMAN.K.C, RESIDING AT CHATHANKULATHIL HOUSE,
OLAVATTUR, KONDOTTY, MALAPPURAM, OLAVATTUR - 673 638
NOW WORKING AS CONFIDENTIAL ASSISTANT GR.1,
KERALA LEGISLATIVE ASSEMBLY, TRIVANDRUM - 695 033
8 SRI.SOUMYESH K.K., AGED 35 YEARS
S/O.MOHANAN, RESIDING AT VADEKKANDI THAZHA,
MEDAPPALLY COLLEGE POST, VADAKARA,
KOZHIKODE - 673 102 NOW WORKING AS
CONFIDENTIAL ASSISTANT GR.2,
STATE GOODS AND SERVICES TAX DEPARTMENT,
OFFICE OF THE JOINT COMMISSIONER (APPEALS)
KOZHIKODE - 673 103
9 SMT.SREEJA V.S., AGED 43 YEARS,
D/O.K.VELAPPAN NAIR, RESIDING AT SANTHA NIVAS,
KULAKUDIYOORKONAM, J.P. LANE, NEMOM P.O.,
THIRUVANANTHAPURAM - 695 020
NOW WORKING AS CONFIDENTIAL ASSISTANT GR-2,
OFFICE OF THE CITY POLICE COMMISSIONER, VAZHUTHAKKAD,
TRIVANDRUM - 605 036
10 SRI.SREEJI K.S., AGED 36 YEARS,
D/O.SREEDHARAN NAIR, RESIDING AT PATHAZHAPURAKKAL HOUSE,
PERUMPADANNA, ERNAKULAM, NORTH PARAVOOR - 683 513
NOW WORKING AS CONFIDENTIAL ASSISTANT GR.1,
LABOUR DEPARTMENT, LABOUR COURT ERNAKULAM - 682 031
11 SRI.VINEETH J, AGED 34 YEARS,
S/O.JAYACHANDRAN NAIR.K, RESIDING AT
MADAVILATHU VEEDU, PEYAD, THIRUVANANTHAPURAM-695 573
NOW WORKING AS CONFIDENTIAL ASSISTANT GR.2
MEDICAL EDUCATION DEPARTMENT. PRINCIPAL OFFICE,
GOVT. MEDICAL COLLEGE, IDUKKI - 685 602
12 SMT.RAMEESA V.H., AGED 42 YEARS,
D/O.V.B HAMZA, RESIDING AT KASALIPARAMBIL,
KANNIKULANGARA, THRISSUR - 680 682
NOW WORKING AS OFFICE SUPERINTENDENT,
CENTRE FOR SCIENCE IN SOCIETY (C-SIS)
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY (CUSAT),
ERNAKULAM - 682 022
13 SMT.SHIBY MARKOSE, AGED 41 YEARS,
D/O.P.V. MARKOSE, RESIDING AT PARACKAL HOUSE,
NEDUNGAPARA P.O., ERNAKULAM DISTRICT, PIN-683 545,
NOW WORKING AS CONFIDENTIAL ASST. GR.1,
FAMILY COURT, MUVATTUPUZHA - 686 661
WP(C) NO.34505 OF 2022
-: 3 :-
14 SMT.SRUTHI N.S., AGED 30 YEARS,
D/O.SIVASANKARAN, RESIDING AT NAVOORIPPARAMPATH HOUSE,
PAZHUPPATHOOR, SULTHAN BATHERI, WAYANADU,
PAZHUPPATHOOR P.O. - 673 592 NOW WORKING AS
CONFIDENTIAL ASSISTANT GRADE II,
DEPARTMENT OF INDIAN SYSTEMS OF MEDICINE, AROGYABHAVAN,
THIRUVANANTHAPURAM - 695 001
15 SRI.SHANAVAS S., AGED 42 YRS,
S/O.SULAIMAN, RESIDING AT NEDIYASALA PUTHEN VEEDU,
PADINJATTINKARA, KOTTARAKKARA P.O., KOLLAM - 691 506
NOW WORKING AS CONFIDENTIAL ASSISTANT GRADE II
(HEAD QUARTERS VACANCY) LAW DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001
16 SMT.PREETHA P., AGED 44 YEARS,
D/O.LATE NARAYANAN NAMBISSAN, RESIDING AT
KANAKABHAVAN (H), POOTHADI P.O. WAYANAD - 673 596
NOW WORKING AS CONFIDENTIAL ASSISTANT SENIOR GRADE,
OFFICE OF THE ADVOCATE GENERAL,
ERNAKULAM, KOCHI - 682 031
BY ADVS.
M.R.NANDAKUMAR
ARJUN ANIL
SWATHY SUDHIR
JYOTHI.S.MADHU
MAYIKA SUNDAR
ASIN V.S.
RESPONDENTS :-
1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001
2 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY,
(FINANCE), GOVERNEMNT SECRETARIAT,
THIRUVANANTHAPRUAM-695 001
BY SRI.M.RAJEEV, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.34505 OF 2022
-: 4 :-
JUDGMENT
Dated this the 6th day of January, 2023
The petitioners, who have been appointed as Confidential
Assistant Grade II during 2016-2019, have approached this Court
challenging Ext.P1 order and seeking declaration that they are
entitled to get pension under the Service Rules instead of the
contributory pension.
2. This Court in the judgment dated 8.4.2022 in W.P.(C)
No.3577/2021 has considered the issue and has held that the
service of the employee begins when he takes charge of the post
to which he is first appointed. In view of the fact that the
appointments of the petitioners were effected only after 1.4.2013,
that is, the date on which Ext.P1 was issued, it was held that the
petitioners cannot seek pension otherwise than in accordance
with Ext.P1. The challenge against the order was also considered
by this Court and it was held that the order which is applicable to
all employees who were appointed after 1.4.2013 cannot be set
aside on the grounds stated in the writ petition.
Having considered the contentions advanced, I am of
the opinion that in the instant case also, though the notification
WP(C) NO.34505 OF 2022
for appointment was one issued in the year 2012, the petitioners
were admittedly appointed only after the date of effect of Ext.P1
order. The petitioners would, therefore, be entitled to pension
only in accordance with Ext.P1. The challenge against Ext.P1
fails. The writ petition is, accordingly, dismissed.
Sd/-
ANU SIVARAMAN
JUDGE
Jvt/12.1.2023
WP(C) NO.34505 OF 2022
APPENDIX OF WP(C) 34505/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE GOP NO.2/2013/FIN
THIRUVANANTHAPURAM, DATED 07.01.2013 ALONG WITH
GOP NO.441/2012/FIN DATED 08.08.2012
Exhibit P2 A TRUE COPY OF THE REPRESENTATION DATED
26.02.2022
