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Ajithkumar V.S vs State Of Kerala
2024 Latest Caselaw 13483 Ker

Citation : 2024 Latest Caselaw 13483 Ker
Judgement Date : 24 May, 2024

Kerala High Court

Ajithkumar V.S vs State Of Kerala on 24 May, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
        FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
                       WP(C) NO. 18818 OF 2024
PETITIONERS:

    1      AJITHKUMAR V.S.
           AGED 57 YEARS
           S/O. V.R. SREENIVASAN, X/342,
           PANKAJASREE, VRINDAVAN,
           WEST KADUNGALLOOR, ALUVA-VIA,
           ERNAKULAM DISTRICT., PIN - 683110
    2      SURESHKUMAR M.K.
           AGED 57 YEARS
           S/O. LATE M.R. KARUNAKARAN,
           VARADHANAM HOUSE, NETTOOR P.O.,
           ERNAKULAM DISTRICT., PIN - 682040
    3      VIJAYAKUMARI AMMA C.R.
           AGED 57 YEARS
           W/O. DR. P. SURESH KUMAR,
           KRISHNA KRIPA, THIRUVONAM NAGAR,
           THRIKKAKARA, ERNAKULAM DISTRICT.,
           PIN - 682021
    4      CICILY LOPEZ
           AGED 57 YEARS
           W/O. FRANCIS, CHETTIVALAPPIL HOUSE,
           PUSHPAKA ROAD, VADUTHULA,
           ERNAKULAM, KOCHI., PIN - 682023
    5      E.K. KUNHIKANNAN
           AGED 57 YEARS
           S/O. T.K. GOPALAN NAMBIAR,
           'SIVAKRIPA', MAHILAPADY, KAITHARAM P.O.,
           NORTH PARAVUR-VIA, ERNAKULAM DISTRICT.,
           PIN - 683519
    6      GIRI V.K.
           AGED 57 YEARS
           S/O. KUNJAPPAN V.V., HOUSE NO.125A,
           VEETTIL HOUSE, NJARACKAL P.O.,
           ERNAKULAM DISTRICT.,
           PIN - 682505
           BY ADVS.
           BABU JOSEPH KURUVATHAZHA
           ARCHANA K.S.
           MOHAMMED SHAFI.K
           NOEL EALIAS
 WP(C) NO. 18818 OF 2024

                                  2




RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
             DEPARTMENT OF FINANCE,
             GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM.,
             PIN - 695001
     2       HIGH COURT OF KERALA
             ERNAKULAM, KOCHI,
             REPRESENTED BY ITS REGISTRAR GENERAL,
             PIN - 682 031.

             ADV. ANIMA. M, GP



      THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON   24.05.2024,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 18818 OF 2024

                                   3




                            JUDGMENT

1. Petitioners were retired from service from this Court

during the year 2022 and 2023. Their grievance is that

though, based on 11th pay revision commission

recommendations the Government of Kerala issued Ext.P4

order, revising the pay & allowances and allied matters of

the State Government employees and those benefits were

extended to the employees of this Court but the same was

not given to the petitioner.

2. According to the learned counsel for the petitioners the

said benefits were extended to the employees of this Court

namely, Sri.G.Rathi, Registrar (Recruitment) and

Smt.Vijayalakshmi V.G., Filing Scrutiny Officer who retired

from service on attaining the age of superannuation on

30/11/2022 and 28/02/2023 respectively. The contention of WP(C) NO. 18818 OF 2024

the petitioners is that, they are also entitled to get the same

benefits which were given to the said employees. In this

regard, the petitioners have already submitted Ext.P5

representation to the 1st respondent.

3. Accordingly, taking note of the above contention I

direct the 1st respondent to consider Ext.P5 representation

after giving an opportunity of hearing to the petitioner and

pass appropriate orders within a period of two months from

the date of receipt of a copy of this judgment.

The Writ Petition is disposed as above.

Sd/-

M.A.ABDUL HAKHIM JUDGE sms WP(C) NO. 18818 OF 2024

APPENDIX OF WP(C) 18818/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER NO.A5- 4636/2022(3) DATED 30.11.2022 ISSUED BY THE 2ND RESPONDENT, PERTAINING TO THE RETIREMENT OF THE 1ST PETITIONER FROM SERVICE ON 30.11.2022.

Exhibit P2         TRUE COPY OF THE PENSION PAYMENT ORDER
                   DATED    4.5.2023,    ISSUED     BY    THE
                   ACCOUNTANT         GENERAL          (A&E),
                   THIRUVANANTHAPURAM,     TO     THE     2ND
                   PETITIONER.
Exhibit P3         TRUE COPY OF THE CERTIFICATE DATED

25.1.2023 ISSUED BY THE 2ND RESPONDENT, STATING THAT NO LIABILITIES TOWARDS GOVERNMENT WAS OUTSTANDING AGAINST THE 3RD PETITIONER.

Exhibit P4 TRUE COPY OF G.O.(P) NO.27/2021/FIN DATED 10.2.2021 ISSUED BY THE 1ST RESPONDENT.

Exhibit P4(a)      TRUE COPY OF G.O.(P) NO.33/2021/HOME
                   DATED    26.3.2021    ISSUED     BY    THE
                   GOVERNMENT OF KERALA.
Exhibit P5         TRUE COPY OF THE REPRESENTATION DATED

29.4.2024 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT.

 
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