Kerala High Court
Surekha A.V vs State Of Kerala on 21 February, 2025
Author: D. K. Singh
Bench: D. K. Singh
WP(C) No.6580/2025 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
Friday, the 21st day of February 2025 / 2nd Phalguna, 1946
WP(C) NO. 6580 OF 2025(V)
PETITIONERS:
1. SUREKHA A.V AGED 60 YEARS D/O. VASUDEVAN A.K , SISIRAM, SPRA 405 B,
NETTAYAM P.O, MUKKOLA , PANAYIL THRIVUNANTHAPURAM DIST., PIN -
695031.
2. SREEKALA S AGED 60 YEARS D/O. KRISHNAPILLAI R, SREEREAGAM,
MARUTHOOR, VATTAPPARA P.O., THRIVUNANTHAPURAM DIST, PIN - 695028.
3. ANEESHKUMAR B AGED 60 YEARS S/O. BALAKRIHNAN NAIR, VISMAYA , VRA 102
A, VAZHOTTUKONAM, VATTIYOORKAVAU, THIRUVANANTHAPURAM DIST, PIN -
695013.
4. PREMALATHA R AGED 60 YEARS D/O. SADASIVAN NAIR G , TRA 276, PRAYAGA
PULARI NAGAR, THITTAMANGALAM, KUNDAMONBHAGAM, THIRUVANANTHAPURAM
DIST., PIN - 695013.
5. RENUKA DEVI S AGED 60 YEARS , D/O. RAJAPPANPILLAI S, TC 40/1453,
MSNRA - 52, KUNNUMPURATHU HOUSE, MANACADU ,THIRUVANANTHAPURAM DIST.,
PIN - 695009.
6. GANESAN V AGED 60 YEARS S/O. S.SARASWATHY AMMAL, C.F6/120, BLOCK 5 ,
THILAK NAGAR, PAROTTUKONAM, NALANCHRA P.O, THIRUVANANTHAPURAM DIST,
PIN - 695035.
7. ANNIE SULEKHA A. D AGED 60 YEARS D/O.PAUL SAM APPADURAI.M, JUBLY
PUALARI GARDEN-7, GC NAGAR, PEROORKADA, THIRUVANANTHAPURAM DIST.,
PIN - 695005.
8. AMMINI L AGED 60 YEARS , D/O. RAGHAVAN K, MMP HOUSE, TC 8/10.
THIRUMALA P.O, . THIRUVANANTHAPURAM DIST., PIN - 695006.
9. SALIM KUMAR B AGED 60 YEARS S/O. BASHEER, BAITULMEHTAJ,TC 47/1788/1,
LVRAD 162/1, KUNJALUMOODU, KARAMANA P.O, THIRUVANANTHAPURAM DIST.,
PIN - 695002.
10. JAGANNATHAN G AGED 60 YEARS S/O. GANAPATHY P, KODIYANKULATHIL
HOUSE,TEEKOY P.O, KOTTAYAM DIST., PIN - 686580.
11. MOHANAKUMARI P AGED 60 YEARS D/O. PEETHAMBARAN NAIR G ,
KUZHIVILAKATHU VEEDU,, TC 28/2876, SAHODARA SAMAJAM LANE, VANCHIYOOR
, ERNAKULAM DIST., PIN - 683514.
12. MURALEEDHARAN V AGED 60 YEARS S/O. VSAUDEVAN PAI, MURALI NIVAS, TRA
1666,TRA 166, THEVALLY, KOLLAM , PIN - 691009.
RESPONDENT:
1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM ,
PIN - 695001.
2. THE KERALA STATE CENTRE FOR ADVANCED PRINTING & TRAINING(C-APT)
VATTIYOORKAVU, THIRUVANANTHPURAM, REPRESENTED BY ITS MANAGING
DIRECTOR., PIN - 695013.
3. THE MANAGING DIRECTOR THE KERALA STATE CENTRE FOR ADVANCED PRINTING
& TRAINING, VATTIYOORKAVU, THIRUVANANTHPURAM, PIN - 695013.
WP(C) No.6580/2025 2/5
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the respondents 2 and 3 to pay the pay revision arrears
and DA arrears as per the 9th pay revision admittedly due to the
petitioners and also pending salary arrears as paid to similarly situated
retired employees as evident from Exhibit P5 to P10 pending disposal of
the writ petition (Civil).
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
E.S.ASHRAF, Advocate for the petitioner the court passed the following:
WP(C) No.6580/2025 3/5
D. K. SINGH, J.
--------------------------
W.P.(C) No. 6580 of 2025
-------------------------
Dated this the 21st day of February, 2025
ORDER
1. The petitioners are retired employees of the Centre for
Advanced Printing & Training (C-apt), the 2nd respondent. They have
retired from service as Class III and IV employees on 31.05.2024, on
attaining the age of superannuation. Petitioners have filed this writ
petition for the following reliefs;
i). Issue a writ of mandamus commanding the respondents to
disburse the 9th pay revision arrears and DA arrears, enhanced
DA arrears and pending salary arrears due to the Petitioners with
interest @ 12% forthwith;
(ii). Declare that the executive committee meeting of the 2nd
respondent held on 30.10.2023 to the effect that disbursement
of Pay Revision arrears/ Pending salaries/ DA arrears to the
present and retired employees may only be considered as and
when the financial position the Centre improves is arbitrary,
illegal , in violation of Article 14 and 16 of the Constitution of
India and unsustainable in the eye of law;
(iii). Issue a writ order or direction to the 1st respondent to take
positive and effective steps to see that the pay revision arrears,
DA arrears, enhanced DA arrears and pending salary arrears
due to the Petitioners as per P3 and P4 are paid forthwith being
retired employees of the 2nd respondent without causing
unreasonable delay
(iv). Permit the petitioners to dispense with the production of
translation of vernacular documents produced as exhibits
along with the writ petition for the time being;
And
(v). To grant any other relief that this Honourable Court may
deem fit to grant in the nature and circumstances of the case
and allow this Writ Petition with costs.
2. The learned Counsel appearing for the respondents 2 and 3
seeks and granted four weeks time to file counter affidavit. It is made
clear that before the next date of posting, the affidavit of the
Managing Director, Centre for Advanced Printing & Training (C-apt),
the 2nd respondent should be placed on record failing which the
Managing Director shall remain present before this Court on the next
date of posting of this matter.
Post on 24.03.2025.
Sd/-
D. K. SINGH
JUDGE
Svn
21-02-2025 /True Copy/ Assistant Registrar
APPENDIX OF WP(C) 6580/2025
Exhibit P5 A TRUE COPY OF THE JUDGMENT W.P.(C) NO. 8076 OF 2015
DATED 30.03.2015
Exhibit P6 A TRUE COPY OF THE INTERIM ORDER DATED 11.10.2021 IN
Exhibit P7 TRUE COPY OF THE PROCEEDINGS NO. C-APT/3687/LGL/2021
DATED 11.11.2021 PAYING THE PAY REVISION ARREARS OF THE
9TH PAY REVISION AND DA ARREARS TO SRI. GOPAKUMAR K.B,
THE 2ND PETITIONER IN W.P.(C) NO.16168/2022
Exhibit P8 TRUE COPY OF THE COMMON INTERIM ORDER DATED
21.11.2021ININ W.P.(C) NO. 10606 OF 2022 & W.P.(C) NO.
16168 OF 2022
Exhibit P9 A TRUE COPY OF THE INTERIM ORDER DATED 11.01.2023 IN
Exhibit P10 TRUE COPY OF THE DIRECTION IN W.P.(C) NO. 12423 OF
2023 THE 2ND RESPONDENT DECIDED TO DISBURSE 9TH PAY
REVISION ARREARS AND DA ARREARS TO THE RETIRED
EMPLOYEES AS PER PROCEEDINGS NO .C-APT/8303/06/ACT
DATED 06.07.2023 ISSUED BY THE ASSISTANT DIRECTOR (
FINANACE ) & OFFICER IN CHARGE (HEAD OFFICE)
21-02-2025 /True Copy/ Assistant Registrar
