V.Babu vs State Of Kerala
2024 Latest Caselaw 31094 Ker

Citation : 2024 Latest Caselaw 31094 Ker
Judgement Date : 1 November, 2024

Kerala High Court

V.Babu vs State Of Kerala on 1 November, 2024

                                                             2024:KER:81854

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

               THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

         FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946

                           WP(C) NO. 22249 OF 2017


PETITIONER:

              V.BABU,
              AGED 57 YEARS, S/O. VELUKUTTY, R.S. BHAVAN,
              CHOOZHAMPALA,MUKKOLA P.O.,THIRUVANANTHAPURAM - 695 043.

              BY ADVS.
              SRI.P.NANDAKUMAR
              SRI.S.ANEESH




RESPONDENTS:

     1        STATE OF KERALA,
              REPRESENTED BY THE SECRETARY TO GOVERNMENT,
              DEPARTMENT OF YOUTH AFFAIRS,
              GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM - 695 001.

     2        KERALA STATE YOUTH WELFARE BOARD,
              YOUTH BHAVAN, KUDAPPANAKUNNU,THIRUVANANTHAPURAM - 695 043,
              REPRESENTED BY ITS MEMBER SECRETARY.

              BY ADVS.
              GOVERNMENT PLEADER
              SRI.ASWIN.P.JOHN
              SRI.THOMAS ABRAHAM



OTHER PRESENT:

              SRI.JUSTIN JACOB,SR.GP


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.11.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.22249 of 2017                           2           2024:KER:81854


                                   JUDGMENT

The petitioner was working as a driver with the 2 nd

respondent board, which was an autonomous body entirely under the

control of the 1st respondent Government. The petitioner

superannuated from the 2nd respondent on 30.11.2015, after putting

in 23 years of service.

2. Pointing out that, though all benefits available to a

Government servant including pay revision were extended to the

employees working in the 2nd respondent, the petitioner has filed the

captioned writ petition lamenting that pensionery benefits and DCRG

alone, are not being extended to the petitioners.

3. A statement is filed on behalf of the 1st respondent

herein, admitting the period of service of the petitioner with the 2 nd

respondent herein. In this statement, it is pointed out that no

pension scheme was implemented in the 2 nd respondent board,

though the board was a fully Government owned/controlled

institution.

4. I have heard Sri.Nandakumar, the learned counsel

for the petitioner, Sri.Justin Jacob, the learned Senior Government

Pleader for the 1st respondent and Sri.Thomas Abraham, the learned

Standing Counsel for the 2nd respondent. W.P.(C)No.22249 of 2017 3 2024:KER:81854

5. This Court notices that originally by Ext.P10 dated

15.12.2015, the Government had recommended the extension of the

retirement benefits etc, to an employee of the 2 nd respondent, like

petitioner, who has retired on 30.11.2015. However, it is on the

basis of Ext.P10 that Ext.P11 has been issued dated 03.08.2016

pointing out that, on account of the introduction of the National

Pension Scheme, pursuant to which, the pension became a

contributory one, the Government would have to face severe

financial commitments, that the government decided not to extend

the pensionary benefits to the employes like the petitioner herein.

6. This Court notices the vehement submission made

by the learned counsel for the petitioner with reference to the

following averments in Paragraph 3 of the reply affidavit:

"Kerala Bhasha Institute, the Government has introduced pension scheme known as Kerala Government Cultural Institutions Employees' Pension and Gratuity Rules, 2000 with effect from 01.04.2000. Likewise, in Kerala Toddy Workers Welfare Fund Board, pension scheme under Part III KSR was extended to its employees as per GO(Rt) No. 1551/87/LBR&REH dated 19.10.1987. So also under Travancore Cochin Medical Council, pension scheme was granted to its employees as per GO(Ms) No. 163/86/H&FWD dated 14.08.1986. In Kerala State Sports Council also pension scheme under Part III KSR has been implemented in Kerala State Social Welfare Board, pension scheme was W.P.(C)No.22249 of 2017 4 2024:KER:81854

implemented as per GO(Ms) No. 16/2014/SJD dated 25.02.2014. In the Kerala State Council for Science, Technology and Environment, pension scheme was approved as per GO(MS)No. 08/2015/S&D dated 30.05.2015. In Institute of Land and Disaster Management and also in Institute of Management in Government pension has been sanctioned by the Government. Therefore, it can be seen only the employees working under the Kerala State Youth Welfare Board have been seriously discriminated."

From a perusal of the afore reply affidavit, it is clear that similar

benefits have been extended to similarly situated Government

controlled institutions like the 2nd respondent herein. This Court

notices that, when such benefits have been extended to similarly

placed Government institutions, there is no rhyme or reason for not

extending such benefits to the employees of the 2 nd respondent

herein like the petitioner.

7. However, an ultimate decision is to be taken by the

Government in this regard. A positive direction cannot be issued by

this Court.

8. But, this Court notices that the 2 nd respondent has

subsequently filed Ext.P14 proposal dated 15.05.2017, before the

Government, proposing the extension of retirement benefits as

sought for by the petitioner herein.

W.P.(C)No.22249 of 2017 5 2024:KER:81854

In such circumstances, I am of the opinion that the matter

requires a re-visit at the hands of the Government. In such

circumstances, this writ petition would stand disposed of as under:

i. Ext.P11 issued by the 2nd respondent would stand

set aside.

ii. The 1st respondent is directed to consider Ext.P14

submitted by the 2nd respondent herein, and take

an appropriate decision in the matter, also taking

into consideration the averment in Paragraph 3 of

the reply affidavit filed by the petitioner, within a

period of four months from the date of receipt of a

copy of this judgment.

Sd/-

HARISANKAR V. MENON JUDGE ANA W.P.(C)No.22249 of 2017 6 2024:KER:81854

APPENDIX OF WP(C) 22249/2017

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF MEMORANDUM AND ARTICLES OF ASSOCIATION OF THE 2ND RESPONDENT BOARD.