Remanded

A.Viswambharan v. State of Kerala

Kerala HC3 Dec 2011WP(C)/8832/2006

Case brief

AI extract

What is this about?

Writ petition filed by retired PWD workers challenging recovery of pension amounts regarding reckoning of SLR service prior to regularisation. Court cited vanishing category of such workers, ordered Government to reconsider claim per policy within 3 months, stayed recovery proceedings, and directed an opportunity of hearing before passing final orders.

What did the court decide?

Petition disposed of with direction to Respondent No. 1 to consider the issue per Government policy within 3 months. Recovery stays. Opportunity of hearing to be afforded before final orders.

A.Viswambharan Vs State of Kerala — Public Procurement and Tenders | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE S.SIRI JAGAN

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SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933

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WP(C).No. 8832 of 2006(B)

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----------------------------------

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PETITIONER(S):

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A.VISWAMBHARAN, S/O.AYYAPPAN, MANJU BHAVAN, AMICHAKARI, CHAMBAKULAM P.O., ALAPPUZHA.

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BY ADV. SRI. S.SUBHASH CHAND

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RESPONDENT(S) :

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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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2. CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT (GENERAL & NH), OFFICE OF THE CHIEF ENGINEER, THIRUVANANTHAPURAM.

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3. EXECUTIVE ENGINEER, OFFICE OF THE EXECUTIVE ENGINEER, PWD ROADS DIVISION, ALAPPUZHA.

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4. ASSISTANT EXECUTIVE ENGINEER, PWD ROADS SUB DIVISION, KUTTANADU.

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5. ACCOUNTANT GENERAL (A & E), OFFICE OF THE ACCOUNTANT GENERAL, KERALA, THIRUVANANTHAPURAM.

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6. SENIOR ACCOUNTS OFFICER, OFFICE OF THE ACCOUNTANT GENERAL (A&E), KERALA, THIRUVANANTHAPURAM.

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7. SUB TREASURY OFFICER, SUB TREASURY, MANKOMBU, KUTTANADU.

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BY GOVERNMENT PLEADER SMT. P.A. RAZIYA.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 3.12.2011, ALONG WITH WPC NO. 32693 OF 2006 & WPC NO.7709 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING :

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WP(C).No. 8832/2006

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APPNEDIX

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PETITIONER(S) EXHIBITS :

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EXT. P1 : COPY OF THE PRECEEDINGS DATED 1/10/2003 ISSUED BY THE 3RD RESPONODENT TO THE 5TH RESPONDENT.

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EXT. P2 : COPY OF THE RELEVANT PORTION OF THE PROCEEDINGS DATED 11/2/2004 ISSUED BY THE 6TH RESPONDENT ADMITTING THE PENSIONRY CLAIM OF

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THE PETITIONER.

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EXT. P3 : COPY OF THE PROCEEDINGS DATED 27/2/2006 ISSUED BY THE 6TH RESPONDENT TO THE 3RD RESPONDENT AND TO THE 7TH RESPONDENT REDUCING MONTHLY PENSION.

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EXT. P4 : COPY OF THE PROSEEDINGS DATED 27/2/2006 ISSUED BY THE 6TH RESPONDENT TO THE 3RD RESPONDENT AND TO THE 7TH RESPONDENT DIRECTING RECOVERY OF EXCESS PAID TO THE PETITIONER FROM HIS PENSION.

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EXT. P5 : COPY OF THE ORDER BEARING NO.EE1-21789/99 DATED 16/11/2004 ISSUED BY THE 2ND RESPONDENT.

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EXT. P6 : COPY OF THE PROCEDINGS DATED 16/2/2005 ISSUED BY THE 6TH RESPONDENT ADMITTING THE PENSIONARY BENEFITS TO THE SAID SRI. R. SASIDHARAN.

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EXT. P7 : COPY OF THE PROCEEDINGS DATED 13/3/2000 ISSUED BY THE 6TH RESPONDENT IN RESPECT OF SRI. K.G. KARUNAN.

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EXT. P8 : COPY OF THE REPRESENTATION DATED 6/3/2006 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT (EXCLUDING ANNEXURES)

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EXT. P9 : COPY OF THE ORDER DATED 12/12/2007 ISSUED BYT HE RESPONDENT NO.1. EXT.P10 : COPY OF THE PROCEEDINGS DATED 9/7/2008 PASSED BY RESPONDENT NO.6

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RESPONDENT(S) EXHIBITS : NIL

/ TRUE COPY /

P.A. TO JUDGE

S. Siri Jagan, J.

W.P(C) Nos. 8832 & 32693 of 2006 and 7709 of 2007

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Dated this, the 3^rd day of December, 2011.

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In these writ petitions, the petitioners are retired workers Grade II of the Public Works Department of the Government of Kerala. Their claim in these writ petitions is for reckoning SLR service put in prior to their regularation in service also for the purpose of computation of pension. According to the petitioners, in W.P(C) Nos. 8832 and 32693 of 2006, although, originally, the benefit was granted, the Government takes the stand that SLR service can be computed along with regular service only for the purpose of granting minimum pension and not in other cases and accordingly the petitioners have been directed to refund amounts already paid to them.

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I am of opinion that this is a matter which should gain attention of the Government in the first instance insofar as the SLR turned regular workers are a vanishing category. In the above circumstances, these writ petitions are disposed of with a direction to the 1st respondent to consider the question as per the policy of the Government as expeditiously as possible, at any rate, within 3 months from the date of receipt of a copy of this judgment. The recovery proceedings shall remain stayed until

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W.P(C) Nos. 8832 & 32693 of 2006 and 7709 of 2007 -: 2 :-

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orders are passed by the Government in this regard as directed above. The petitioners shall be afforded an opportunity of being heard before passing orders.

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Sd/- S. Siri Jagan, Judge.

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Tds/

A.Viswambharan v. State of Kerala

Case brief

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A.Viswambharan v. State of Kerala

Case brief

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