Kerala High Court
K.K. Shaji vs State Of Kerala on 8 January, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:1004
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 8TH DAY OF JANUARY 2025 / 18TH POUSHA, 1946
WP(C) NO. 39069 OF 2024
PETITIONERS:
1 K.K. SHAJI
AGED 57 YEARS
S/O KRISHNANKUTTY, KUTTIKKATT HOUSE, MADAVANA,
PANANGAD.P.O., ERNAKULAM DISTRICT, PIN - 682506
2 SAJEEVAN.T.D.
AGED 57 YEARS
S/O DAMODARAN, THEKKEPPARAMBU, SOUTH
PUDUVYPU.P.O., ERNAKULAM DISTRICT, PIN - 682508
3 M.P. RAJEEVAN
AGED 56 YEARS
S/O PANKAJAKSHAN, MANNAVEETTIL, MADAVANA,
PANANGAD.P.O., ERNAKULAM DISTRICT, PIN - 682506
4 MINI.A.K.
AGED 56 YEARS
D/O KALYANI, ARIKKANEZHATH, MADAVANA,
PANANGAD.P.O., ERNAKULAM DISTRICT, PIN - 682506
BY ADVS.
R.T.PRADEEP
P.BIJIMON
M.BINDUDAS
NIRANJAN T. PRADEEP
2025:KER:1004
WP(C) No.39069 of 2024
2
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
FISHERIES AND PORTS (DEPARTMENT),
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES
(KUFOS), REPRESENTED BY ITS REGISTRAR, KUFOS,
PANANGAD ROAD, MADAVANA JUNCTION,
ERNAKULAM, KOCHI, PIN - 682506
3 VICE CHANCELLOR
KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES
(KUFOS), KUFOS, PANANGAD ROAD,
MADAVANA JUNCTION, ERNAKULAM, KOCHI - 682506
4 JOINT DIRECTOR
LOCAL FUND AUDIT,
KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES
(KUFOS), KUFOS, PANANGAD ROAD,
MADAVANA JUNCTION, ERNAKULAM,
KOCHI, PIN - 682506
5 KERALA AGRICULTURAL UNIVERSITY
REPRESENTED BY ITS REGISTRAR,
KERALA AGRICULTURAL UNIVERSITY, MAIN CAMPUS,
VELLANIKKARA, THRISSUR DISTRICT, PIN - 680656
BY ADVS.
SRI. SATHEESH N
SRI. M.V.ANANDAN
SRI. SUNIL V.K., SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.01.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No.39069 of 2024
3
JUDGMENT
Dated this the 8th day of January, 2025
The petitioners, who are permanent Office Attendants
working under the Kerala University of Fisheries and Ocean
Studies (KUFOS), have filed this writ petition seeking to direct
respondents 2 to 4 to disburse the pensionary benefits and
regular pension with arrears within such time as may be fixed
by this Court. The petitioners also seek to direct the
5th respondent to pay Provident Fund for the period of service
of the petitioners as permanent labourers.
2. I have heard the learned counsel for the
petitioners, the learned Government Pleader representing the
1st respondent and the learned Standing Counsel representing
the University.
3. From the pleadings, it is discernible that the
pensionary benefits of the petitioners have been withheld on
the basis of Ext.P6 communication of the 4th respondent-Joint
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Director of Audit of the University. Ext.P6 has been made as
regards the pensionary benefits and regular pension on the
rational time. Ext.P5 amendment carried out in the statute to
fill up 50% of vacancies of Office Attendant / Pump Operator
through internal selection of permanent workers is in
contravention to Section 50 of the Kerala University of
Fisheries and Ocean Studies Act, 2010. It is based on Ext.P6,
full pensionary benefits have been denied to the petitioners.
4. Whether appointment of 50% of vacancies of
Office Attendant / Pump Operator through internal selection is
in contravention to Section 50 of the Act or not is to be decided
by the authorities concerned. Merely because the Joint
Director of Audit has raised an issue, it would not be proper for
the University to deny pensionary benefits to the petitioners,
who are retired from service after rendering years of service.
In the circumstances of the case, the writ petition is
disposed of directing respondents 2 to 4 to disburse the
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pensionary benefits and regular pension with its arrears to the
petitioners, within a period of two months. It is made clear that
respondents 1 and 4 will be at liberty to proceed with Ext.P6
and take appropriate action as is warranted in the
circumstances of the case. The petitioners will be at liberty to
take up the issue of Provident Fund payments for their period
of service under the 5th respondent separately, if found
necessary.
Sd/-
N.NAGARESH
JUDGE
spk
2025:KER:1004
APPENDIX OF WP(C) 39069/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF ORDER NO.G.A5/8812/2017
(II) DATED 9.8.2019 OF THE REGISTRAR,
KUFOS BY WHICH THE 1ST PETITIONER WAS
APPOINTED AS OFFICE ATTENDANT IN
PURSUANCE TO THE INTERNAL SELECTION OF
PERMANENT WORKERS
Exhibit P2 TRUE COPY OF ORDER NO.G.A5/8812/2017
(IV) DATED 9.8.2019 OF THE REGISTRAR,
KUFOS BY WHICH THE 3RD PETITIONER WAS
APPOINTED AS OFFICE ATTENDANT IN
PURSUANCE TO THE INTERNAL SELECTION OF
PERMANENT WORKERS
Exhibit P3 TRUE COPY OF THE COMMUNICATION NO.GS5-
4181/2016 DATED 9.12.2016 BY THE DEPUTY
SECRETARY FOR SECRETARY TO GOVERNOR TO
THE REGISTRAR OF UNIVERSITY OF GRANTING
ASSENT TO THE AMENDMENT MADE IN THE
FIRST STATUTE PROVIDING TO FILL UP 50%
OF THE POST OF OFFICE ATTENDANT/PUMP
OPERATOR FROM THE QUALIFIED PERMANENT
WORKERS OF THE UNIVERSITY
Exhibit P4 TRUE COPY OF AUDIT REPORT OF THE YEAR
2018-2019 WITH RESPECT TO THE OBJECTION
TO THE INTERNAL SELECTION OF PERMANENT
WORKERS FOR THE POST OF OFFICE
ATTENDANT WHICH IS NIL DATED
Exhibit P5 TRUE COPY OF GAZETTE NOTIFICATION NO.9
VOL.XII DATED 28.2.2023 BRINGING FORTH
THE AMENDMENT TO THE STATUTE PROVIDING
50% OF THE VACANCIES OF OFFICE
ATTENDANT/PUMP OPERATOR SHALL BE FILLED
UP FROM THE QUALIFIED PERMANENT
LABOURERS BY INTERNAL SELECTION WITH
EFFECT FROM 9.12.2016
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Exhibit P6 TRUE COPY OF COMMUNICATION NO.K.S.A. -
F.O.U. (A.3) - 263/23 DATED 1.7.2023
FROM 4TH RESPONDENT TO REGISTRAR OF
KUFOS OBJECTING TO THE DISBURSEMENT OF
PENSIONARY BENEFITS AND REGULAR PENSION
RESPONDENT EXHIBITS
Exhibit R5 (a) TRUE COPY OF THE MINUTES OF THE MEETING
HELD ON 16.04.2011 ALONG WITH TYPED
COPY
Exhibit R5 (b) TRUE COPY OF THE GOVERNMENT ORDER G.O
(RT) NO. 2105/12/AD DATED 20.10.2012
ALONG WITH TYPED COPY
Exhibit R5 (c) TRUE COPY OF THE GOVERNMENT ORDER G.O.
(RT.) NO.229/2021/AHD DATED 10.06.2021
ALONG WITH TYPED COPY
Exhibit R5 (d) TRUE COPY OF THE LETTER NO.
FIN(5)/860/12 DATED 23.03.2021 FROM THE
FINANCE OFFICER, KUFOS
Exhibit R5 (e) TRUE COPY OF THE UNIVERSITY LETTER NO.
PF/A1/18535/2019 DATED 15.06.2022
Exhibit R5 (f) TRUE COPY OF THE MINUTES OF THE MEETING
HELD ON 07.09.2024 ALONG WITH THE GOVT.
LETTER NO.AF2/243/2024/AGRI DATED
30.09.2024
