Kerala High Court
Ranjithkumar.N.P vs The Secretary, Thalassery ... on 10 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 10TH DAY OF OCTOBER 2023 / 18TH ASWINA, 1945
WP(C) NO. 29959 OF 2023
PETITIONER:
K. LAKSHMANAN
AGED 62 YEARS
S/O. PAITHAL, PENSIONER, RESIDING AT ODAKAYI
KUNNUMMAL HOUSE, TEMPLE GATE.P.O, THALASSERY,
KANNUR DISTRICT, PIN - 670102
BY ADV R.SURENDRAN
RESPONDENTS:
1 THE SECRETARY
THALASSERY MUNICIPALITY, THALASSERY, KANNUR DISTRICT,
PIN - 670101
2 THALASSERY MUNICIPALITY
REPRESENTED BY THE SECRETARY, THALASSERY
MUNICIPALITY, THALASSERY, KANNUR DISTRICT, PIN -
670101
3 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT
DEPARTMENT OF URBAN AFFAIRS, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
4 THE DIRECTOR OF URBAN AFFAIRS,
DIRECTORATE OF URBAN AFFAIRS, PUBLIC OFFICE BUILDING,
MUSEUM P.O, THIRUVANANTHAPURAM, PIN - 695033
SRI. I V PREMOD, SC FOR THALASSERY MUNICIPALITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10.10.2023, ALONG WITH WP(C).29995/2023, 30029/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) Nos.29959 of 2023
& connected cases 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 10TH DAY OF OCTOBER 2023 / 18TH ASWINA, 1945
WP(C) NO. 29995 OF 2023
PETITIONER:
P.MOHANAN
AGED 62 YEARS
S/O. KRISHNAN, RESIDING AT "MANJUSHA NIVAS",
PINARAYITHERU, P.O.PINARAYI, KANNUR DISTRICT.,
PIN - 670641
BY ADV R.SURENDRAN
RESPONDENTS:
1 THE SECRETARY, THALASSERY MUNICIPALITY
THALASSERY, KANNUR DISTRICT, PIN - 670101
2 THALASSERY MUNICIPALITY,
REPRESENTED BY THE SECRETARY, THALASSERY
MUNICIPALITY, THALASSERY, KANNUR DISTRICT,
PIN - 670101
3 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT
DEPARTMENT OF URBAN AFFAIRS, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
4 THE DIRECTOR OF URBAN AFFAIRS
DIRECTORATE OF URBAN AFFAIRS, PUBLIC OFFICE BUILDING,
MUSEUM P.O, THIRUVANANTHAPURAM, PIN - 695033
SRI. I V PREMOD, SC FOR THALASSERY MUNICIPALITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10.10.2023, ALONG WITH WP(C).29959/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.29959 of 2023
& connected cases 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 10TH DAY OF OCTOBER 2023 / 18TH ASWINA, 1945
WP(C) NO. 30029 OF 2023
PETITIONER:
KUDUVAN RAMACHANDRAN
AGED 63 YEARS
S/O. SHANKARAN, PENSIONER, RESIDING AT KUDUVAN HOUSE,
POOVALAP STREET, P.O.TEMPLE GATE, KANNUR DISTRICT.,
PIN - 670102
BY ADV R.SURENDRAN
RESPONDENTS:
1 THE SECRETARY, THALASSERY MUNICIPALITY
THALASSERY, KANNUR DISTRICT, PIN - 670101
2 THALASSERY MUNICIPALITY
REPRESENTED BY THE SECRETARY, THALASSERY
MUNICIPALITY, THALASSERY, KANNUR DISTRICT,
PIN - 670101
3 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT
DEPARTMENT OF URBAN AFFAIRS, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
4 THE DIRECTOR OF URBAN AFFAIRS
DIRECTORATE OF URBAN AFFAIRS, PUBLIC OFFICE BUILDING,
MUSEUM P.O, THIRUVANANTHAPURAM, PIN - 695033
SRI. I V PREMOD, SC FOR THALASSERY MUNICIPALITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10.10.2023, ALONG WITH WP(C).29959/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.29959 of 2023
& connected cases 4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 10TH DAY OF OCTOBER 2023 / 18TH ASWINA, 1945
WP(C) NO. 30098 OF 2023
PETITIONER:
RANJITHKUMAR.N.P
AGED 63 YEARS
S/O. KUNHIKANNAN,PENSIONER, KANDAMPARAMBA,
KAVUMBHAGAM, PRESENTLY RESIDING AT "SANTHAM",
KALLUKOTHIYIL, MADATHUMBHAGOM, VADAKKUMBAD.P.O,
THALASSERY, KANNUR DISTRICT, PIN - 670105
BY ADV R.SURENDRAN
RESPONDENTS:
1 THE SECRETARY, THALASSERY MUNICIPALITY
THALASSERY, KANNUR DISTRICT, PIN - 670101
2 THALASSERY MUNICIPALITY
REPRESENTED BY THE SECRETARY, THALASSERY
MUNICIPALITY, THALASSERY, KANNUR DISTRICT, PIN -
670101
3 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT
DEPARTMENT OF URBAN AFFAIRS, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
4 THE DIRECTOR OF URBAN AFFAIRS
DIRECTORATE OF URBAN AFFAIRS, PUBLIC OFFICE BUILDING,
MUSEUM P.O, THIRUVANANTHAPURAM, PIN - 695033
SRI. I V PREMOD, SC FOR THALASSERY MUNICIPALITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10.10.2023, ALONG WITH WP(C).29959/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.29959 of 2023
& connected cases 5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 10TH DAY OF OCTOBER 2023 / 18TH ASWINA, 1945
WP(C) NO. 30122 OF 2023
PETITIONER:
MAHESH BABU.P
AGED 63 YEARS
S/O. KRISHNAN, PENSIONER, RESIDING AT PODUVAN HOUSE,
POOVALAP STREET, TEMPLE GATE.P.O, THALASSERY,
KANNUR DISTRICT., PIN - 670102
BY ADV R.SURENDRAN
RESPONDENTS:
1 THE SECRETARY, THALASSERY MUNICIPALITY
THALASSERY, KANNUR DISTRICT, PIN - 670101
2 THALASSERY MUNICIPALITY
REPRESENTED BY THE SECRETARY, THALASSERY
MUNICIPALITY, THALASSERY, KANNUR DISTRICT, PIN -
670101
3 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT
DEPARTMENT OF URBAN AFFAIRS, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
4 THE DIRECTOR OF URBAN AFFAIRS
DIRECTORATE OF URBAN AFFAIRS, PUBLIC OFFICE BUILDING,
MUSEUM P.O, THIRUVANANTHAPURAM -, PIN - 695033
SRI. I V PREMOD, SC FOR THALASSERY MUNICIPALITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10.10.2023, ALONG WITH WP(C).29959/2023 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.29959 of 2023
& connected cases 6
JUDGMENT
(W.P.(C)Nos.29959, 29995, 30122, 30098 & 30029 of 2023)
The petitioners in these writ petitions had worked as contingent
sanitation workers in the Thalassery Municipality. They have all attained
superannuation. They contend that pursuant to Ext.P2 order issued by the
Government, the pay of contingent employees who were in service as of
1.7.2019 has been revised. The petitioners were all paid at the pre-revised
work till the date of retirement. The petitioners assert that pursuant to
Ext.P2 order, the Secretary of the Municipality has reworked the amount due
to the petitioners herein. Their grievance is that the amounts which have
been admitted to be due by the Secretary of the Municipality have not been
paid. It is on these assertions that the petitioners are before this Court
seeking issuance of directions to respondents 1 and 2 to pay the pension
arrears with applicable DA, the balance of the admitted amount of DCRG,
commutation pension, and arrears in DA, and other attendant benefits, which
are due to the petitioners.
2. By order dated 15.9.2023, this Court had directed the learned
Standing Counsel to state before this Court the time frame within which the
amounts due to the petitioners can be disbursed.
3. Sri. I.V. Pramod, the learned Standing Counsel appearing for the
respondents, submits that the amount prayed for by the petitioners can be
W.P.(C) Nos.29959 of 2023
disbursed within a period of four months. It is submitted that the
Municipality is facing a financial crunch, and they are not in a position to pay
the amounts at an earlier date.
4 Having considered the submissions, I am of the opinion that the
financial difficulty faced by the local authority cannot be a reason to deny the
admitted amounts due to Class-III and IV workers like the petitioners herein.
In that view of the matter, these petitions are disposed of, directing
the respondents 1 and 2 to take expeditious measures and disburse the
amounts due to the petitioners towards arrears of pension, DCRG,
Commuted value of pension, and the arrears of D.A., which shall be done not
later than three months from the date of receipt of a copy of this judgment.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
IAP
W.P.(C) Nos.29959 of 2023
APPENDIX OF WP(C) 29995/2023
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER NO.A4-27592/2020
DATED 30-6-2021, ISSUED BY THE 1ST
RESPONDENT
Exhibit P2 TRUE COPY OF THE G.O.(MS)NO.89/2021/LSGD
DATED 12.8.2021
Exhibit P3 TRUE COPY OF THE ORDER NO.A4-27592/2020
DATED 15-10-2022
W.P.(C) Nos.29959 of 2023
APPENDIX OF WP(C) 30029/2023
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE JUDGEMENT DATED 20-1-2021
IN WP(C)NO.638 OF 2021
Exhibit P2 TRUE COPY OF THE G.O.(MS)NO.89/2021/FIN
DATED 12.8.2021
Exhibit P3 TRUE COPY OF THE ORDER NO.A4-6737/2020
DATED 25-10-2022
W.P.(C) Nos.29959 of 2023
APPENDIX OF WP(C) 30098/2023
PETITIONER'S EXHIBITS:
Exhibit P1 A TRUE COPY THE RELEVANT PAGES OF THE
PENSION BOOK OF THE PETITIONER
Exhibit P2 A TRUE COPY OF THE G.O.(MS)NO.89/2021/FIN
DATED 12.8.2021
Exhibit P3 A TRUE COPY OF THE ORDER NO.A4-19862/2019
DATED 13-10-2022
W.P.(C) Nos.29959 of 2023
APPENDIX OF WP(C) 30122/2023
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE RELEVANT PAGES OF THE
PENSION BOOK OF THE PETITIONER
Exhibit P2 TRUE COPY OF THE G.O.(MS)NO.89/2021/ FIN
DATED 12.8.2021
Exhibit P3 TRUE COPY OF THE ORDER NO.A4-14805/2020
DATED 14-11-2022
W.P.(C) Nos.29959 of 2023
APPENDIX OF WP(C) 29959/2023
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY THE RELEVANT PAGES OF THE PENSION
BOOK OF THE PETITIONER
Exhibit P2 TRUE COPY OF THE G.O.(MS)NO.89/2021/LSGD
DATED 12.8.2021
Exhibit P3 TRUE COPY OF THE ORDER NO.A4-31553/2019
DATED 25-10-2022
