The High Court of Kerala dismissed this writ petition concerning pensionary benefits. The Court held that the issue is covered by the Supreme Court's decision in Civil Appeal No. 2907/2005 involving B.S.N.L employees, rendering the petition untenable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 5TH JULY 2007 / 14TH ASHADHA 1929
WP(C).No. 7613 of 2004(F) ----------------------------------
PETITIONERS:
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1. K.A.PAUL, AGED 61 YEARS, S/O.K.P.ALEXANDER, JUNIOR SUPERINTENDENT(RTD), P.W.D.ROADS DIVIION, ALAPPUZHA, R/AT.KATTIKATTU HOUSE, WEST OF VADAKKEL SERVICE CO-OPERATIVE BANK LTD., P.O.VADACKEL, ALAPPUZHA - 3.
2. K.M.ABOOBACJKER, DRIVER (RTD), MEDICAL COLLEGE HOSPITAL,ALAPPUZHA RESIDING AT KALIPARAMBIL HOUSE, SEA VIEW WARD, ALAPPUZHA.
3. K.GANGADHARAN, PEON (RTD), P.W.D. NATIONAL HIGHWAY DIVISION, ALAPPUZHA (RESIDING AT CHAITHANYA, P.O.AVALOOKKUNNU, GURUPURAM, ALAPPUZHA - 6.
BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA
RESPONDENTS:
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1. THE KERALA STATE OF KERALA REP. BY THE CHIEF SECRETARY, SECRETARIATE, TRIVANDRUM.
2. THE ACCOUNTANT GENERAL (A&E)KERALA, TRIVANDRUM.
3. THE EXECUTIVE ENGINEER, P.W.D.ROADS DIVISION, ALAPPUZHA.
4. THE DISTRICT MEDICAL OFFICER, (HEALTH) ALAPPUZHA.
5. THE EXECUTIVE ENGINEER, NATIONAL HIGHWAY DIVISION,ALAPPUZHA.
WP(C) NO: 7613/2004
6. THE SUB TREASURY OFFICER, (PENSION PAYMENT) ALAPPUZHA.
BY GOVERNMENT PLEADER SMT. K.R.DEEPA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO: 7613/2004 F
APPENDIX
PETITIONER'S EXHIBITS
EXT.P1. COPY OF THE GO P NO. 3001/98/FIN DT. 25/11/98 OF THE GOVT. EXT.P2. COPY OF THE GO P NO. 373/99/FIN OF THE GOVT. DT. 2/2/99. EXT.P3. COPY OF THE PENSION PAYMENT ORDER OF THE P1 DT. 27/2/97. EXT.P4. COPY OF THE -DO- OF THE P2 DT. 13/2/97. EXT.P5. COPY OF THE -DO- OF THE P3 DT. 27/2/97. EXT.P6. COPY OF THE JUDGMENT IN OP NO. 8060/00 OF THIS COURT DT. 28/1/2003.
RESPONDENT'S EXHIBITS NIL.
True copy
tga
KURIAN JOSEPH, J.
--------------------------------------W.P. (C). NO. 7613 OF 2004
Dated this the 5th day of July, 2007.
J U D G M E N T
The issue regarding revision of pensionary benefits is covered against the petitioners by the decision of the Supreme Court in Civil Appeal No. 2907/2005 ( Chief General Manager, Telecom B.S.N.L & Another vs. K.J. George & Others ). This writ petition is hence dismissed.
KURIAN JOSEPH, JUDGE.
smp
1 issue framed by the court
Whether the writ petition regarding revision of pensionary benefits should be allowed in light of the Supreme Court decision in Civil Appeal No. 2907/2005.
Colour shows how this judgement treated each authority
Chief General Manager, Telecom B.S.N.L & Another vs. K.J. George & OthersFollowed¶33
Civil Appeal No. 2907/2005
K.A. Paul
K.M. Aboobacker
K. Gangadharan
The State of Kerala
Kurian Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
