Kerala High Court
M.Y. Eldhose vs Kerala Kera Karshaka Sahakarana ... on 25 September, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
2024:KER:71566
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WP(C) NO. 23256 OF 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946
WP(C) NO. 23256 OF 2024
PETITIONER/S:
M.Y. ELDHOSE
AGED 58 YEARS
S/O LATE M.P. YACOB, DEPUTY MANAGER (MARKETING &
SALES), (RETIRED), KERALA KERA KARSHAKA SAHAKARANA
FEDERATION LTD. (KERAFED), KERA TOWER, WATER WORKS
COMPOUND, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN -
695033
BY ADVS.
GEORGE ABRAHAM
MARY CATHERINE PRIYANKA P.S.
EBEE ANTONY
RESPONDENTS:
1 KERALA KERA KARSHAKA SAHAKARANA FEDERATION
LTD. NO.4370 (KERAFED), KERA TOWER, WATER WORKS
COMPOUND, VELLAYAMBALAM, THIRUVANANTHAPURAM REPRESENTED
BY ITS MANAGING DIRECTOR, PIN - 695033
2 BOARD OF DIRECTORS OF KERALA KERA KARSHAKA SAHAKARANA
FEDERATION LTD
. NO.4370 (KERAFED), KERA TOWER, WATER WORKS COMPOUND,
VELLAYAMBALAM, THIRUVANANTHAPURAM REPRESENTED BY ITS
CHAIRMAN, PIN - 695033
3 MANAGING DIRECTOR,
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WP(C) NO. 23256 OF 2024
KERALA KERA KARSHAKA SAHAKARANA FEDERATION LTD. NO.4370
(KERAFED), KERA TOWER, WATER WORKS COMPOUND,
VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033
4 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, AGRICULTURE
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN -
695001
BY ADV Manu Govind - SC
OTHER PRESENT:
SRI. V K SUNIL, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 23256 OF 2024
JUDGMENT
The petitioner retired from the service of the 1 st
respondent Kerala Kera Karshaka Sahakarana Federation
Ltd.(KERAFED) on 31.05.2024 as Deputy Manager
(Marketing & Sales). By Ext.P10 Government Order,
certain categories of employees of KERAFED were
conferred with the benefit of 11 th Pay Revision with
effect from 01.07.2019. The post of Deputy Manager is
included as Sl.No.3 in the table given in Ext.P10. The
grievance of the petitioner is that the benefits conferred
pursuant to Ext.P10 are not disbursed to him.
2. A counter affidavit has been filed by the
3rd respondent, the Managing Director, wherein, it is
stated that by Ext.P10, the benefit of Pay Revision is
conferred only in respect of 25 categories of employees
and that the petitioner included in Ext.P10. However, by
Ext.P12, the KERAFED resolved to seek permission from
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WP(C) NO. 23256 OF 2024
the Government to implement the 11 th Pay Revision for
29 additional categories of employees for which no
permission has granted as of now.
3. It is not in dispute that Ext.P10 directs
the implementation of 11th Pay Revision benefits for the
employees in 25 specific categories within KERAFED
including the petitioner. The only reason stated for not
disbursing the benefits to the petitioner is that there are
total 117 employees in KERAFED and only 12 employees
are afforded the benefits of 11 th Pay Revision as per
Ext.P10 and the remaining 105 employees belonging to
other categories are not covered under the said decision
and such a discriminatory implementation would lead to
disruption in the workplace, adversely affecting the
harmony and efficiency within the KERAFED.
4. Since the Pay Revision benefits have
been conferred to the petitioner, by Ext.P10, the benefits
have to be disbursed to him. The reasons stated in the
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WP(C) NO. 23256 OF 2024
counter affidavit for not disbursing the benefits to the
petitioner cannot merit any consideration. It will be open
to the KERAFED to pursue Ext.P12 to make available the
benefits to other employees also. However, that shall not
stand in the way of not disbursing the benefits which has
already been conferred to the petitioner by Ext.P10.
Accordingly, there will be a direction to the
respondents 1 to 3 to disburse the benefits conferred on
the petitioner as per Ext.P10 as expeditiously as
possible, at any rate, within a period of two months from
the date of receipt of a copy of this Judgment.
The writ petition is disposed of.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
al/-.
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WP(C) NO. 23256 OF 2024
APPENDIX OF WP(C) 23256/2024
PETITIONER EXHIBITS
Exhibit P1 A COPY OF THE PROCEEDINGS OF THE 3RD
RESPONDENT DATED 25/2/2016 IMPLEMENTING THE
10TH PAY REVISION ORDER ISSUED BY THE
GOVERNMENT AS PER G.O(P) NO. 7/2016/FIN DATED
20/1/2016
Exhibit P2 A COPY OF THE ORDER, G.O(P) NO. 27/2021/FIN
DATED 10/2/2021
Exhibit P3 A COPY OF THE RELEVANT PAGE OF THE MINUTES OF
THE MEETING OF THE 2ND RESPONDENT AS ITEM NO.
26/2013 (2)
Exhibit P4 A COPY OF THE MINUTES OF THE MEETING HELD BY
THE HON'BLE MINISTER WHICH WAS ISSUED FILE
NO. AGRI-IFA1/217-AGRI DATED 1/11/2021
Exhibit P5 A COPY OF THE COMMUNICATION
NO.A.D.M-1/2021/K.F.D DATED 5/11/2021 ISSUED
BY THE 3RD RESPONDENT
Exhibit P6 A COPY OF THE COMMON JUDGMENT IN W.P.(C) NO.
16209/2021 DATED 30/6/2022
Exhibit P7 A COPY OF THE G.O(MS) NO. 77/2022/AGRL DATED
30/8/2022
Exhibit P8 A COPY OF THE LETTER
NO.1323/A.D.M-1/2021/K.F.D/934 DATED
29/9/2022
Exhibit P9 A COPY OF THE COMMUNICATION NO.2548/A.D.M-
1/2021/K.F.D DATED 12/12/2022
Exhibit P10 A COPY OF THE GOVERNMENT ORDER, G.O(MS) NO.
67/2023/AGRA DATED 24/7/2023
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WP(C) NO. 23256 OF 2024
Exhibit P11 A COPY OF THE RELEVANT PAGE OF THE MINUTES OF
THE MEETING HELD ON 11/8/2023
Exhibit P12 A COPY OF THE COMMUNICATION FORWARDED BY THE
3RD RESPONDENT TO THE 4TH RESPONDENT
NO.2548/A.D.M-1/2021/K.F.D/1118 DATED
5/2/2024
