Sajeevan N P vs The Local Self Government Department
2024 Latest Caselaw 29423 Ker

Kerala High Court

Sajeevan N P vs The Local Self Government Department on 17 October, 2024

Author: P Gopinath

Bench: P Gopinath

                                                         2024:KER:77090
W.P (C) No.3976/2022           -1-
             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR. JUSTICE GOPINATH P.

    THURSDAY, THE 17TH DAY OF OCTOBER 2024 / 25TH ASWINA, 1946

                        WP(C) NO. 3976 OF 2022

PETITIONER/S:

    1     SAJEEVAN N P.,
          AGED 56 YEARS, S/O. PARAMESWARAN N.K,
          NADUVATHARA (H), MARADU P.O, ERNAKULAM-682 304.

    2     JOSEPH SARTHO E.J,
          AGED 56 YEARS, S/O. JOSEPH (LATE), ELINJIKKAL (H),
          NETHAJI NAGAR, KOCHI 20.

    3     N. SUNDARESH,
          AGED 56 YEARS, S/O. NARAYANAN (LATE), KANNIPARAMBIL
          THEKKUMBHAGAM, TRIPUNITHURA.

    4     RAJEEVAN C.R,
          AGED 53 YEARS, S/O. P. RETHNAKARAN (LATE),
          CHATHAMTHARAYIL (H), EROOR P.O, KOCHI 682 306.

    5     ADDL.P5 SHEEBA SUNDARESH,
          AGED 49 YEARS, W/O N SUNDARESH (LATE), RESIDING AT
          KANNIPARAMBIL (H), THEKKUMBAGAM, THRIPPUNITHURA P.O,
          ERNAKULAM 682301

    6     ADDL.P6 ARUN K.S,
          AGED 26 YEARS, S/O N SUNDARESH (LATE), RESIDING AT
          KANNIPARAMBIL (H), THEKKUMBAGAM, THRIPPUNITHURA P.O,
          ERNAKULAM-682301 [ADDL.P5 AND P6 ARE IMPLEADED AS PER
          ORDER DATED 30/03/2023 IN I.A-1/2023 IN WP(C)
          3976/2022]

          BY ADVS.
          J.JULIAN XAVIER
          ANJANA RAM
                                                     2024:KER:77090
W.P (C) No.3976/2022           -2-
           NIRMAL KURIEN EAPEN
           FIROZ K.ROBIN
           ROY JOSEPH
           ANIES MATHEW


RESPONDENT/S:

    1     THE LOCAL SELF GOVERNMENT DEPARTMENT,
          STATE OF KERALA, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS
          SECRETARY.

    2     GREATER COCHIN DEVELOPMENT AUTHORITY (GCDA)
          REPRESENTED BY ITS SECRETARY, GCDA COMPLEX,
          KADAVANTHRA, KOCHI 682 020.

    3     THE CHAIRMAN,
          GREATER COCHIN DEVELOPMENT AUTHORITY, GCDA COMPLEX,
          KADAVANTHRA, KOCHI-682 020


          BY ADV MINI.V.A., SC, GCDA


OTHER PRESENT:

          SMT. THUSHARA JAMES (SR GP)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                               2024:KER:77090
W.P (C) No.3976/2022                 -3-

                              JUDGMENT

The petitioners retired from the service of the Greater Cochin

Development Authority (GCDA) while working as Seasonal Labour Roll (SLR)

workers. They have approached this court being aggrieved by Exts.P3 to P6

orders issued by the GCDA refixing the pension of the petitioners on the basis

of Exts.P7 and P8 Government orders.

2. The learned counsel for the petitioners would submit that while

working as Casual Labour Roll (CLR) workers, by Ext.P1 order dated 10-12-

1997 the petitioners were absorbed as SLR workers with effect from the dates

noted against the names of the petitioners in Ext.P1. It is submitted that a

reading of Exts.P7 and P8 order will indicate that the orders refixing the

pension of the petitioners has been issued on the premise that their service as

CLR workers has been counted for the purpose of fixing their pension. It is

submitted that in the case of the petitioners, going by the terms of Ext.P1

order the petitioners cannot be deemed to be CLR workers for any period

after the date noted against each of their names and therefore the reduction of

pension on the basis of the stipulation contained in Ext.P7 Government order

which has been relied upon in Ext.P8 proceedings cannot be justified in law.

2024:KER:77090

3. The learned Senior Government Pleader vehemently opposes the

grant of relief to the petitioners. The learned Government Pleader has

referred to the counter affidavit filed in this case to contend that where CLR

service is followed by SLR service, the period spent as a CLR worker will be

counted for pension only if the period of service as a SLR worker does not

qualify for minimum pension. It is submitted that in the case of the

petitioners, their service as SLR workers (by itself) qualifies for minimum

pension and therefore there was no question of counting their CLR service for

the purpose of pension.

4. The learned Standing counsel appearing for the GCDA would submit

that orders refixing the pension of the petitioners came to be issued on the

basis of stipulations contained in Exts.P7 and P8 Government orders.

5. Having heard the learned counsel for the petitioner, learned Senior

Government Pleader appearing for the State and the learned Standing

Counsel appearing for the GCDA, I am of the view that the petitioners are

entitled to succeed. Ext.P1 order issued by the Government of Kerala reads as

follows.

"The Secretary, Greater Cochin Development Authority in his letter read above has proposed to regularize the following labourers as S.L.R workers now working in 2024:KER:77090

Greater Cochin Development Authority as C.L.R workers from the dates noted against them.

1. Sri. Sundaresh N - 02.12.1985

2. Sri. Rajeevan C.R - 02.12.1985

3. Sri. Sajeevan N.P - 01.09.1986

4. Sri. Joseph Sartho E.J - 15.10.1988

Government has examined the proposal in detail and are pleased to accord sanction to regularize the following C.L.R workers in the Greater Cochin Development Authority as S.L.R workers from the dates noted against them. (Emphasis supplied)

1. Sri. Sundaresh N - 02.12.1985

2. Sri. Rajeevan C.R - 02.12.1985

3. Sri. Sajeevan N.P - 01.09.1986

4. Sri. Joseph Sartho E.J - 15.10.1988"

It is clear from a reading of Ext.P1 order that the petitioners have been

regularised as SLR workers from the dates noted against their names. The

petitioners have no case that any service prior to the dates noted against their

names in Ext.P1 is to be counted for pension. The terms of Ext.P7

Government order which forms basis for issuance of Ext.P8 order indicates

that where service as CLR worker is followed by service as SLR worker, the 2024:KER:77090

period of service as CLR worker will be counted for pension only if the period

of service as SLR worker does not qualify for minimum pension. In the case of

the petitioners, it is clear that they have been regularised as SLR workers

from the dates noted against their names in Ext.P1. Therefore the question of

applying the stipulation in Ext.P7 Government order on the basis of which

Ext.P8 Government order was issued does not apply to the petitioners.

Therefore, this writ petition is allowed. Exts.P3 to P6 orders are quashed. It is

declared that the service of the petitioners from the dates noted against their

names shall be counted for pension. Writ petition is ordered accordingly. Any

arrears of pension payable to the petitioners on account of the declaration

contained in this judgment shall be paid to them without further delay.

Sd/-

GOPINATH P. JUDGE

AMG 2024:KER:77090

APPENDIX OF WP(C) 3976/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE G.O (MS) NO. 270/97/LAD DATED 10.12.1997.

Exhibit P1(a) TYPED COPY OF EXT. P1.

Exhibit P2 TRUE COPY OF THE ORDER NO. 663/EST. 2/2016/GCDA DATED 29.03.2016 ISSUED BY 2ND RESPONDENT.

Exhibit P3 TRUE COPY OF THE ORDER NO. 663/EST. 2/2016/GCDA DATED 28.12.2021, ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER.

Exhibit P4 TRUE COPY OF THE ORDER NO. 663/EST. -2/2016/GCDA DATED 28.12.2021, ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER.

Exhibit P5 TRUE COPY OF THE ORDER NO. 663/EST. -2/2016/GCDA DATED 28.12.2021, ISSUED TO THE 3RD PETITIONER.

Exhibit P6 TRUE COPY OF THE ORDER 663/EST. -2/2016/GCDA DATED 13.01.2022, ISSUED BY THE 2ND RESPONDENT TO THE 4TH PETITIONER.

Exhibit P7 TRUE COPY OF G.O(M.S) NO. 61/89/PW & T DATED 21.06.1989.

Exhibit P8 TRUE COPY OF THE LETTER DATED 20.12.2021 ISSUED BY THE 1ST RESPONDENT.

Exhibit P9 TRUE COPY OF THE LETTER NO. KSA-GDA (A3) 25/2022 DATED 17.01.2022 ISSUED BY THE SENIOR DEPUTY DIRECTOR, AUDIT DEPARTMENT, GCDA AUDIT DEPARTMENT KOCHI TO THE 2ND RESPONDENT.

Exhibit P10 TRUE COPY OF THE G.O(MS) NO. 201/94/LAD DATED 31.08.1994.