Petitioner retired employees sought revised pensionary benefits. The Court directed the respondent State to consider their representations within two months after an opportunity of hearing.
Direction to the first respondent to consider the petitioners' representations within two months after an opportunity of hearing.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY, THE 12TH DAY OF JANUARY 2015/22ND POUSHA, 1936 WP(C).No. 961 of 2015 (U)
PETITIONERS: ------------
1. G.PUSHPARAJAN RETIRED ASSISTANT ENGINEER RETIRED FROM WATER SUPPLY SECTION NO.II, ATTINGAL RESIDING AT:- NALANDA, PONGANADU P.O., KILIMANOOR THIRUVANANTHAPURAM DISTRICT.
2. G.UPENDRAN, RETIRED DRAFTSMAN GRADE-I RETIRED FROM WATER SUPPLY SECTION NO.II, ATTINGAL RESIDING AT:- REKHA NIVAS, PUTHIYAKAVU KILIMANOOR P.O., THIRUVANANTHAPURAM DISTRICT.
3. G.PRABHAKARAN, RETIRED ASSISTANT EXECUTIVE ENGINEER RETIRED FROM WORLD BANK PROJECT DIVISION OF KERALA WATER AUTHORITY KOLLAM, RESIDING AT:- PUNILAVU, AVANAVANCHERRY P.O. ATTINGAL, THIRUVANANTHAPURAM DISTRICT. BY ADVS.SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SRI.ARUN BOSE RESPONDENTS: -------------
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM, PIN - 695 001.
2. THE KERALA WATER AUTHORITY, REPRESENTED BY THE MANAGING DIRECTOR, JALA BHAVAN THIRUVANANTHAPURAM, PIN - 695 001.
3. THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALA BHAVAN THIRUVANANTHAPURAM, PIN - 695 001.
R BY SRI.JOSEPH JOHN R BY GOVERNMENT PLEADER: SRI M A FAYAZ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 961 of 2015 (U)
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APPENDIX
PETITIONER(S)' EXHIBITS :
EXHIBIT P1. TRUE COPY OF THE G.O.(P)NO.368/2012/FIN. DATED 03.07.2012.
EXHIBIT P2. TRUE COPY OF THE REPRESENTATION DATED 11.07.2014 FILED BY THE 1ST PETITIONER.
EXHIBIT P3. TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER ON 15.07.2014.
EXHIBIT P4. TRUE COPY OF THE REPRESENTATION DATED 14.07.2014 SUBMITTED BY THE 3RD RESPONDENT.
RESPONDENT(S)' EXHIBITS:NIL
True Copy/
P A to Judge
A.MUHAMED MUSTAQUE, J.
=========================
W.P(C).No.961 of 2015
============================ Dated this the 12th day of January, 2015
JUDGMENT
Petitioners are retired employees of the Kerala Water
Authority. The retirement date of petitioners are as follows:
1st petitioner - 31.05.1998 2nd petitioner - 30.09.1990 3rd petitioner - 31.03.1989
Learned counsel for the petitioners submits that pay revision orders and pension revision orders were issued in 2012 by the Government. Accordingly, they are entitled for revised pensionary benefits with retrospective effect from 01.07.2009. It is submitted that the petitioners collected their revised pensionary benefits only partially. The balance of revised pensionary benefits due to the petitioners are as follows:
76,809/2<sup>nd</sup> petitioner 30,121/3rd petitioner `98,714/2. However it is submitted that only a portion of the arrearsto the tune of `10,000/- each was paid at the time of implementation of Ext.P1 Government Order. The balance amounts due to the
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W.P(C).No.961 of 2015
petitioners were withheld by the respondents. Accordingly, petitioners approached the first respondent with Exts.P2 to P4 representations.
The Writ Petition is disposed of.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/14/01/15
1 issue framed by the court
Whether retired employees are entitled to the balance of revised pensionary benefits withheld by the respondents.
G. Pushparajan
G. Upendran
G. Prabhakaran
State of Kerala
The Kerala Water Authority
The Managing Director, Kerala Water Authority
A.Muhamed Mustaque
As recorded by the court registry
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