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Kamco Officers Association v. State of Kerala

Kerala HC15 Nov 2016WP(C)/11679/2009

Case brief

AI extract

What is this about?

This writ petition sought a direction to the third respondent to forward representations regarding arrears payment and reinstatement of the grade change system to the Government. The Court ordered the third respondent to send the representations to the Government, which must consider them and pass appropriate orders within three months from receipt. The petition was disposed of with this interim d

What did the court decide?

Direction to the third respondent to forward representations to the Government to consider and pass orders within three months.

Kamco Officers Association Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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TUESDAY, THE 15TH DAY OF NOVEMBER 2016/24TH KARTHIKA, 1938

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WP(C).No. 11679 of 2009 (D)

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PETITIONER(S):

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KAMCO OFFICERS ASSOCIATION, ATHANI P.O., ERNAKULAM DISTRICT, REP. BY ITS SECRETARY, B.BABU,S/O.N.PANKAJAKSHAN, AYILLYAM, CHERUKUNNAM,VARKALA.

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BY ADVS.SRI.ASP.KURUP SRI.SADCHITH.P.KURUP

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RESPONDENT(S):

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1. STATE OF KERALA, REP.BY THE CHIEF SECRETARY TO GOVERNMENT, KERALA SECRETARIAT,THIRUVANANTHAPURAM.

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2. KERALA AGRO MACHINERY CORPORATION LTD., REP.BY ITS MANAGING DIRECTOR, ATHANI P.O., ALUVA-683 585.

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3. THE MANAGING DIRECTOR, KERALA AGRO MACHINERY CORPORATION LTD., ATHANI P.O.,ALUVA-683 585.

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R1 BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN R2 & R3 BY ADV. SRI.R.ANIL

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SRI.V.J.ANAND SRI.P.BENNY THOMAS SRI.K.JOHN MATHAI SRI.E.K.NANDAKUMAR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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msv/

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WP(C).No. 11679 of 2009 (D)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF ORDER NO.7/2005 DTD.8.12.2005 ISSUED BY THIRD RESPONDENT.

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EXHIBIT P2 TRUE COPY OF JUDGMENT DTD.15.12.2006 PASSED BY THIS HON'BLE COURT IN WP.33403/2006 B.

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EXHIBIT P3 TRUE COPY OF ORDER NO.5/2007 DTD.11.5.2007 ISSUED BY THIRD RESPONDENT.

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EXHIBIT P4 TRUE COPY OF RESOLUTION NO.2547 PASSED IN THE BOARD MEETING OF 2ND RESPONDENT ON 10.4.2007.

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EXHIBIT P5 TRUE COPY OF REPRESENTATION DTD.17.1.2008 GIVEN BY THE PETITIONER TO THE 3RD RESPONDENT.

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EXHIBIT P6 TRUE COPY OF REPLY DTD.24.1.2008 GIVEN BY 3RD RESPONDENT TO PETITIONER.

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EXHIBIT P7 TRUE COPY OF REPRESENTATION DTD.8.8.2008 GIVEN BY PETITIONER TO 3RD RESPONDENT.

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EXHIBIT P8 TRUE COPY OF REPRESENTATION DTD.29.7.2008 GIVEN BY PETITIONER TO THIRD RESPONDENT.

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RESPONDENT(S)' EXHIBITS

NIL

//TRUE COPY//

P.S.TO JUDGE

msv/

ANU SIVARAMAN, J.

W.P.(C) No.11679 of 2009

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Dated this the 15^th day of November, 2016

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JUDGMENT

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The prayer in this writ petition is for a direction to

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the third respondent to take up with the first respondent in matter regarding payment of arrears due to reinstating the earlier system of grade change by Ext.P4 resolution and to grant all benefits to the petitioners. It is submitted that the petitioners are entitled to consequential benefits on the basis of Ext.P4 Board resolution. It is stated that the same is being denied to them on the ground that sanction of Government is necessary. It is submitted that the petitioners had preferred Exts.P5, P6 and P7 representations before the third respondent seeking the benefits.

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In the facts and circumstances of the case there will be a direction to the third respondent to forward the representations preferred by the petitioners to the first

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W.P.(C) No.11679 of 2009

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-2-

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respondent Government who shall consider the same and pass orders within a period of three months from the date of

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receipt of a copy of this judgment.

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Writ petition is disposed of as above.

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Sd/ANU SIVARAMAN, JUDGE

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Kamco Officers Association v. State of Kerala

Case brief

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Kamco Officers Association v. State of Kerala

Case brief

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