The petitioner sought declaration and appropriate writs to reckon his NMR service for pensionary benefits. The Court, relying on a previous judgment, allowed the petition to the extent the previous judgment was applicable to the case.
Petition disposed of in terms of the judgment in W.P.(C) No. 11816/2011.
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. 28033 of 2012 (D)
PETITIONER :
K. NARAYANAN, (RETD PEORN, GURUVAYOOR DEVASWOM), S/O.KRISHNAN NAIR, AGED 65 YEARS KACHIPARAMBATH HOUSE, MAVINCHUVADU, THYKAD P.O., GURUVAYOOR, THRISSUR DIST
BY ADVS.SMT.P.V.ASHA SMT.VINEETHA B.
RESPONDENTS :
1. GURUVAYOOR DEVASWOM, REP.BY ITS ADMINISTRATOR, GURUVAYOOR - 680 101
2. ADMINSTRATOR, GURUVAYOOR DEVASWOM, GURUVAYOOR – 680 101
3. DEPUTY DIRECTOR OF LOCAL FUND AUDIT (GURUVAYOOR DEVASWOM), O/O.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. 28033 of 2012 (D)
APPENDIX
PETITIONER'S EXHIBITS :
| EXT.P1:- | COPY OF THE PROCEEDINGS REF A7-1145/77(1)DTD 5/7/1979 OF 2ND RESPONDENT |
|---|---|
| EXT.P2:- | COPY OF THE CERTIFICATE OF SERVICE DTD 19/11/2012 FROM THE OFFICE OF 2ND RESPONDENT |
| EXT.P3:- | COPY OF THE PROCEEDINGS DTD 22/7/2006 OF 2ND RESPONDENT |
| EXT.P4:- |
COPY OF THE DEVISION NO. 46 IN THE MEETING DTD 26/9/2006 OF IST RESPONDENT |
| EXT.P5:- | COPY OF THE THE DICISION NO 170 IN THE MEETING DTD. 25/2/2009 OF IST RESPONDENT |
| EXT.P6:- | COPY OF JUDGMENT DTD 19/1/2012 IN WPC 11816/2011 |
RESPONDENTS' EXHIBITS : NIL
TRUE COPY
PA TO JUDGE
RKM
P.R.RAMACHANDRA MENON, J.
W.P.(c) No. 28033 OF 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 11-06-1977 TO 5-7-1979 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 decisions and to sanction the pensionary benefits due to him
W.P.(C)No.28033/2012
2
reckoning his NMR service from 11-06-1977 TO 5-7-1979 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.”
“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
W.P.(C)No.28033/2012
3
pension and other retirement benefits of the petitioners shall be computed and 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.”
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.28033/2012 4
2 issues framed by the court
Whether the petitioner is entitled to the benefit of the service rendered as NMR workers prior to regular appointment for pensionary benefits.
Whether the petitioner is entitled to the benefit of the judgment in W.P.(C) 11816/2011.
Colour shows how this judgement treated each authority
W.P.(C) 11816/2011Relied on¶42
K. Narayanan
Guruvayoor Devaswom
Administrator, Guruvayoor Devaswom
P.R. Ramachandran Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
