Disposed

M. Ibrayi v. State of Kerala

Kerala HC30 Oct 2013WP(C)/4162/2013

Case brief

AI extract

What is this about?

The Division Bench of Kerala High Court disposed of a writ petition seeking sanction for pension regulations. The Court noted that the revised regulations were under government consideration and directed the State of Kerala to decide on the approval expeditively within six months, without commenting on the merits of the claims.

What did the court decide?

Directing the 1st respondent to consider the revised pension regulations submitted by the 2nd respondent and decide the matter expeditively within 6 months from the date of receipt of the copy of the

M. Ibrayi Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2013)

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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 C.T.RAVIKUMAR

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WEDNESDAY, THE 30TH DAY OF OCTOBER 2013/8TH KARTHIKA, 1935

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WP(C).No. 4162 of 2013 (U)

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PETITIONERS:

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1. KERALA STATE WAKF BOARD RETIRED STAFF ASSOCIATION, 'RAIHAN' CUSTOMS ROAD, VADAVKARA, KOZHIKODE DISTRICT,

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PIN - 673 103, REPRESENTED BY ITS SECRETARY M.IBRAYI, S/O. ABOOBACKER,AGED 67 YEARS, 'RAIHAN' CUSTOMS ROAD, VADAVKARA, KOZHIKODE DISTRICT, PIN - 673 103.

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2. P.T. ABDUL RAZAK, AGED 63 YEARS, S/O. AVARANKOYA, 'ZUJAJ', CHEMMANGADU ROAD, KOZHIKODE DISTRICT, PIN - 673 001, PRESIDENT, KERALA STATE WAKF BOARD RETIRED STAFF ASSOCIATION, 'RAIHAN' CUSTOMS ROAD, VADAVKARA, KOZHIKODE DISTRICT, PIN - 673 103.

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BY ADVS.SRI.P.A.ABDUL JABBAR SRI.V.R.INDURAJ SRI.MOHAMMED SHAFFI

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RESPONDENTS:

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1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2. KERALA STATE WAKF BOARD, V.I.P ROAD, KALOOR, KOCHI 17, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

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R1 BY GOVERNMENT PLEADER SRI.M.A.FAYAZ R2 BY ADV. SRI.K.SHIBILI NAHA,SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-10-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Kss

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WPC.NO.4162/2013 (U)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT. P1 TRUE COPY OF THE ORDER DATED 07-02-2003 ISSUED BY THE IST RESPONDENT GIVING APPROVAL TO THE REGULATIONS. EXT. P2 TRUE COPY OF CHAPTER VIII OF THE KERALA WAKF BOARD REGULATIONS 2003 . EXT. P3 TRUE COPY OF THE LETTER DATED 14-08-2007 ISSUED BY THE PRINCIPAL SECRETARY TO THE IST RESPONDENT TO THE 2ND REPSONDENT. EXT. P4 TRUE COPY OF THE LETTER DATED 05-11-2007 ISSUED BY THE CHIEF EXECUTIVE OFFICER OF THE 2ND RESPONDENT TO THE 1ST RESPONDENT. EXT. P5 TRUE COPY OF THE LETTER DATED 20-05-2008 ISSUED BY THE PRINCIPAL SECRETARY TO THE IST RESPONDENT TO THE 2ND RESPONDENT. EXT. P6 TRUE COPY OF THE LETTER DATED 25-07-2009 ISSUED BY THE CHIEF EXECUTIVE OFFICER OF THE 2ND RESPONDENT TO THE THE IST RESPONDENT. EXT. P7 TRUE COPY OF THE KERALA STATE WAKF BOARD (AMENDMENT) REGULATION 2007. EXT. P8 TRUE COPY OF THE LETTER DATED 06-03-2010 ISSUED BY THE CHIEF EXECUTIVE OFFICER OF THE 2ND RESPONDENT TO THE IST RESPONDENT. EXT. P9 TRUE COPY OF THE “THE KERALA STATE WAKF BOARD (EMPLOYEES PENSION) REGULATIONS 2010. EXT. P10 TRUE COPY OF THE RELEVANT PAGE OF THE DEPARTMENTAL NOTE. EXT. P11 TRUE COPY OF THE GOVERNMENT ORDER GO (RT) NO 1566/10/ RD DATED 05-04-2010. EXT. P12 TRUE COPY OF THE INTERIM ORDER DATED 01-06-2010 PASSED IN WPC NO 16824/10.

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WPC.NO.4162/2013 (U)

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EXT. P13 TRUE COPY OF THE ORDER DATED 20-03-2009 PASSED IN WPC NO 9103/2009.

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EXT. P14 TRUE COPY OF THE ORDER GO (MS) NO 43/11/RD DATED 30-11-2011.

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EXT. P15 TRUE COPY OF THE KERALA STATE WAKF BOARD (COMPASSIONATE EMPLOYMENT OF THE DEPARTMENT OF EMPLOYEES ) REGULATIONS 2011.

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EXT. P16 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 18-05-2012 FIELD BY THE 2ND REPSONDENT IN WPC NO 7097/2012.

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EXT. P17 TRUE COPY OF THE JUDGMENT IN WPC NO 7097/2012 DATED 5/06/2012.

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EXT. P18 TRUE COPY OF THE G.O (RT) NO 7163/12/RD DATED 20-12-2012 ISSUED BY THE IST RESPONDENT.

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EXT. P19 TRUE COPY OF THE RELEVANT PAGE OF THE DEPARTMENT NOTES.

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RESPONDENTS' EXHIBITS: N I L

/TRUE COPY/

P.A.TO JUDGE

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C.T.RAVIKUMAR.J.

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W.P.C.NO.4162 OF 2013

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Dated this the 30^th day of October 2013.

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JUDGMENT

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The first petitioner is an association of retired staff of the 2^nd respondent and the 2^nd petitioner is a retiree from the service of the Kerala Wakf Board and he is the president of the first petitioner association. This writ petition has been filed mainly with a prayer to direct the 1^st respondent to accord sanction for Ext.P9 Kerala State Wakf Board Employees Pension Regulations 2010 submitted by the 2^nd respondent. Evidently, as and today, there is no provision for granting pension to the employees of the Wakf Board in terms of Part III of the Kerala Service Rules. Virtually, the amendment was sought for with a view to bring the employees of the Kerala Wakf Board under the purview of Part III of the Kerala Service Rules.

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The 2^nd respondent has filed a counter affidavit. The learned counsel appearing for the 2^nd respondent submitted that since the Kerala Service Rules have not been adopted by the Kerala Wakf Board there is no question of bringing the employees of the Wakf Board within the purview of the Kerala Service Rules for the time being and in the said circumstances, taking note of the difficulties faced by the retirees from the Kerala Wakf Board, the Board proposed a pension scheme in the pattern for pension under

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W.P.C.NO.4162 OF 2013

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the Kerala Service Rules and it was submitted before the Government for approval. It is submitted by the learned standing counsel that the said proposal is yet to be approved by the Government. Taking note of the said statements in the counter affidavit and also the statements made by the learned standing counsel the learned Government Pleader was directed to get instructions as to whether the said issue was taken up for consideration by the Government and exactly what is the stage of its consideration. The learned Government Pleader submitted on instructions, that the contentions of the petitioner as also by the 2^nd respondent that implementation of the pension scheme would not incur any financial liability on the Government is not true to facts and that in case of its implementation certainly at some point of time the liability would fall upon the Government. The learned Government Pleader further submitted that the 2^nd respondent has now submitted a fresh proposal and it is virtually a revised regulation. In this context, it is to be noted that in the counter affidavit filed by the 2^nd respondent itself it is stated that as per letter dated 18.03.2013 the Government informed the Board that clause 6 in Chapter V could not be accepted by the Government due to some administrative reasons and accordingly, directed the Board to furnish a revised Wakf Board Regulation. It is also evident from the counter affidavit that thereupon, the matter was placed before the Board and after deliberations revised Regulations were framed

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W.P.C.NO.4162 OF 2013

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incorporating the clauses applicable to the state Government employees and following the pattern in Part III of the Kerala Service Rules. It is further submitted therein that the revised regulation has already been placed before the government for consideration. Thus, it is obvious that the revised regulation pursuant to the letter dated 18.03.2013 received from the Government, was already placed for consideration and approval of the Government.

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In the said circumstances, the learned Government Pleader on instructions submitted that considering the importance and stake involved in the issue a longer period may be granted for taking a decision on the revised pension regulations submitted by the Kerala Wakf Board. Taking note of the rival submissions I am inclined to dispose of this writ petition with a direction to the 1^st respondent to consider the question of approval of the revised pensions regulations submitted by the 2^nd respondent, Board pursuant to the letter issued by the Government to the Board on 18.03.2013 and take appropriate directions thereon, expeditiously, at any rate, within a period of 6 months from the date of receipt of copy of this judgment. Ordered accordingly. It is made clear that this Court have not made any observations with respect to the merits of the claims made by the petitioners.

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C.T.RAVIKUMAR, JUDGE

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R.AV

M. Ibrayi v. State of Kerala

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M. Ibrayi v. State of Kerala

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