Citation : 2024 Latest Caselaw 13483 Ker
Judgement Date : 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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