High Court of Kerala, W.P.(C) No. 28013 of 2012. Disposed of petitioner's writ petition regarding recognition of NMR service for pension benefits by applying the judgment in W.P.(C) No. 11816/2011.
Petition disposed of by applying the orders in W.P.(C) No. 11816/2012, directing computation of pensionary benefits based on NMR service.
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 P.R.RAMACHANDRA MENON
MONDAY, THE 17TH DAY OF DECEMBER 2012/26TH AGRAHAYANA 1934
WP(C).No. 28013 of 2012 (B)
PETITIONER :
K.E.APPUKUTTAN, (RETD. PEON, GURUVAYOOR DEVASWOM), KAKKATTU HOUSE, THYKAD P.O., GURUVAYOOR, TRISSUR DISTRICT.
BY ADVS.SMT.P.V.ASHA SMT.VINEETHA B.
RESPONDENTS :
1. GURUVAYOOR DEVASWAM, REPRESENTED BY ITS ADMINISTRATOR, GURUVAYOOR - 680 101.
2. ADMINISTRATOR, GURUVAYOOR DEVASWOM, GURUVAYOOR - 680 101.
3. DEPUTY DIRECTOR OF LOCAL FUND AUDIT (GURUVAYOOR DEVASWOM), OFFICE OF THE LOCAL FUND AUDIT, DEVASWOM BUILDINGS, GURUVAYOOR - 680 101.
R1 & R2 BY ADV. SRI.V.KRISHNA MENON
BY SENIOR GOVERNMENT PLEADER SMT.M.J.RAJASREE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RKM
WP(C).No. 28013 of 2012 (B)
APPENDIX
PETITIONER'S EXHIBITS :
| EXHIBIT | P1 : COPY OF PROCEEDINGS REF.E-771/71 DATED 29.08.1971 OF 2ND RESPONDENT. |
|---|---|
| EXHIBIT | P2 : COPY OF THE CERTIFICATE OF SERVICE DATED 12.11.12 FROM THE OFFICE OF 2ND RESPONDENT. |
| EXHIBIT | P3 : COPY OF THE PROCEEDINGS DATED 02.08.1995 OF 2ND RESPONDENT. |
| EXHIBIT | P4 : COPY OF DECISION NO.46 IN THE MEETING DATED 26.09.2006 OF 1ST RESPONDENT. |
| EXHIBIT | P5 : COPY OF THE DECISION NO.170 IN THE MEETING DATED 25.02.2009 OF 1ST RESPONDENT. |
| EXHIBIT | P6 : COPY OF THE JUDGMENT DATED 19.01.2012 IN W.P.(C) 11816/2011. |
RESPONDENTS' EXHIBITS : NIL
TRUE COPY
PA TO JUDGE
RKM
P.R.RAMACHANDRA MENON, J.
W.P.(c) No. 28013 OF 2012
Dated this the 17th day of December , 2012
JUDGMENT
The petitioner has approached this Court with the following
prayers:
“a. Declare that the NMR service
rendered by petitioner for the period from 1.09.1970 to 31.8.1971 i.e till his regular appointment is liable to be reckoned towards qualifying service along with his regular service, for the purpose of pensionary benefits in the light of Ext.P4 and P5 decision and the judgment in W.P.(C) 4408/08, 11816/2011, etc;
b. Issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents to grant the benefits due to the petitioner based on Ext.P4 and P5 and to sanction the pensionary benefits due to him reckoning
W.P.(C)No.28013/2012
2
his NMR service from 1.09.1970 to 31.8.1971 and to revise, re-fix, re-compute and disburse all the benefits due to him accordingly, along with arrears;
c. to issue such other directions as this Hon'ble Court may deem fit and proper d. Grant the costs of this petition.”
squarely covered by the decision rendered by this Court in W.P.(C). No.11816 dated 19.01.2012, which is produced as Ext.P6. The operative portion of the said verdict is extracted below:
“For the above reasons, this writ
petition is allowed. The respondents are directed to treat the service rendered by the petitioners as NMR workers during the period from 7/7/1979 to 31/3/1981 also as qualifying service for the purpose of computing the pension and other retirement benefits due to the petitioners. The pension and other retirement benefits of the petitioners shall be computed and
W.P.(C)No.28013/2012
3
appropriate orders shall be passed as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment.”
petitioner is also entitled to have the benefit of the above judgment. In the said circumstance, this writ petition is disposed of, in terms of the judgment cited supra.
P.R.RAMACHANDRA MENON JUDGE
sv.
W.P.(C)No.28013/2012 4
2 issues framed by the court
Whether the petitioner is entitled to the benefit of the decision in W.P.(C) No.11816/2011 regarding NMR service qualifying for pension.
Whether the petitioner's NMR service rendered from 1.09.1970 to 31.8.1971 is liable to be reckoned towards qualifying service for pensionary benefits.
K.E.Appukuttan
Guruvayoor Devaswam
Administrator, Guruvayoor Devaswom
Deputy Director of Local Fund Audit (Guruvayoor Devaswom)
P.R. Ramachandran Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
