Disposed

N. Krishnankutty & Others v. Union of India & Others

Kerala HC3 Aug 2016WP(C)/16444/2009

Case brief

AI extract

What is this about?

Petitioners, retired employees, sought pension and arrears of pay/DA under Employees Pension Scheme, 1995, citing prior inaction. Court noted withdrawal of SLP against Chhattisgarh HC judgment removed impediment and directed release of benefits.

What did the court decide?

Petitioners to submit representation with documents within four weeks; Second Respondent to consider and release benefits and arrears within four months.

N. Krishnankutty & Others Vs Union of India… — Pension and Retirement Benefits | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE SMT. JUSTICE P.V.ASHA

¶4

WEDNESDAY, THE 3RD DAY OF AUGUST 2016/12TH SRAVANA, 1938

¶5

WP(C).No. 16444 of 2009 (A)

¶6

PETITIONER(S):

¶7

1. N.KRISHNANKUTTY, DWARAKA, VALIYAKULANGARA P.O., MAVELIKKARA - 690 104, PERSONAL NO.19361.

¶8

2. P.M.GOPALAKRISHNA KURUP, CHERUKARAVALIL HOUSE, THONAKKAD P.O., CHERIYANAD, CHENGANNUR-689 511,, PERSONAL NO.70052.

¶9

3. R.M.PILLAI, MALAYIL PADEETHATHIL, CHERIYANAD, PERSONAL NO.60067.

¶10

4. ABRAHAM MATHEW, AYYANTHIYIL HOUSE, ELANTHOOR, PATHANAMTHITTA-689 643, PERSONAL NO.60321.

¶11

5. V.T.THOMAS, VETTIMOOTTIL HOUSE, NARANGANAM, KOZHENCHERRY.

¶12

6. M.R.BALAKRISHNA KURUP, RADHA SADANAM, ULANADU P.O., KULANADA (VIA), PATHANAMTHITTA (DISTRICT), PIN-689 503, PERSONAL NO.60295.

¶13

BY ADVS.SRI.RINNY STEPHEN CHAMAPARAMPIL SMT.ASHA ELIZABETH MATHEW

¶14

RESPONDENT(S):

¶15

1. UNION OF INDIA, REP. BY ITS SECRETARY, DEPARTMENT OF PSES, MINISTRY OF INDUSTRIES, CENTRAL SECRETARIAT, NEW DELHI.

¶16

2. HINDUSTAN STEEL WORKS CONSTRUCTION LTD., REP. BY ITS CHAIRMAN CUM MANAGING DIRECTOR, 5/1 COMMISSARIAT ROAD, HASTINGS, KOLKATTA-700 022.

msv/

-2-

-2-

WP(C).No. 16444 of 2009 (A)

¶21

3. THE DIRECTOR (FINANCE), H.S.C.L, 5/1 COMMISSARIAT ROAD, HASTINGS, KOLKATTA-700 022.

¶22

4. THE DEPUTY GENERAL MANAGER, HINDUSTAN STEEL WORKS CONSTRUCTION LTD., PLOT 26, 2ND AVENUE, ANUPURAM P.O., E.C.I.L., HYDERABAD-600 062.

¶23

5. THE REGIONAL PROVIDENT FUND COMMISSIONER, D.K.BLOCK, SECTOR II, SALTLAKE CITY, KOLKATTA-700 091.

¶24

R1 BY ADV. SRI.N.NAGARESH, ASG OF INDIA R2 TO R4 BY ADVS. SRI.P.N.RAMAKRISHNAN NAIR SRI.P.VISWANATHAN SRI.T.SANJAY R5 BY ADVS. SRI.N.N. SUGUNAPALAN, SC, P.F. SMT.T.N.GIRIJA, SC

¶25

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶26

msv/

¶27

WP(C).No. 16444 of 2009 (A)

¶28

APPENDIX

¶29

PETITIONER(S)' EXHIBITS:

¶30

------------------------

¶31

EXT.P1: TRUE COPY OF THE REVISED VR SCHEME APPROVED BY THE BOARD OF DIRECTORS OF THE 2ND RESPONDENT ON 27.6.2002.

¶32

EXT.P2: TRUE COPY OF THE OFFICE ORDER DTD.15.6.2000 ISSUED FROM THE VISHAKAPATTANAM UNIT OF THE 2ND RESPONDENT.

¶33

EXT.P3: TRUE COPY OF THE ORDER DTD.7.7.2000 OF THE 2ND RESPONDENT.

¶34

EXT.P4(a): TRUE COPY OF THE LETTER DTD.26.7.2002 ISSUED TO THE 1ST PETITIONER BY THE 2ND RESPONDENT.

¶35

EXT.P4(b): TRUE COPY OF THE LETTER DTD.26.7.2002 ISSUED TO THE 2ND PETITIONER BY THE 2ND RESPONDENT.

¶36

EXT.P4(c): TRUE COPY OF THE LETTER DTD.26.7.2002 ISSUED TO THE 4TH PETITIONER BY THE 2ND RESPONDENT.

¶37

EXT.P5(a): TRUE COPY OF THE SERVICE CERTIFICATE OF THE 1ST PETITIONER.

¶38

EXT.P5(b): TRUE COPY OF THE SERVICE CERTIFICATE OF THE 3RD PETITIONER.

¶39

EXT.P5(c): TRUE COPY OF THE SERVICE CERTIFICATE OF THE 4TH PETITIONER.

¶40

EXT.P6: TRUE COPY OF THE REPRESENTATION DTD.11.1.2009 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT.

¶41

EXT.P7: TRUE COPY OF THE REPRESENTATION DTD.17.2.2006 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT.

¶42

EXT.P8: TRUE COPY OF THE REPLY DTD.7.9.2006 ISSUED BY THE 1ST RESPONDENT.

¶43

EXT.P9: TRUE COPY OF THE REPRESENTATION DTD.5.11.2007 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

¶44

EXT.P10: TRUE COPY OF THE REPRESENTATION DTD.14.12.2007 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT.

¶45

EXT.P11: TRUE COPY OF THE REPRESENTATION DTD.4.4.2009 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Msv/

-2-

-2-

WP(C).No. 16444 of 2009 (A)

¶50

EXT.P12: TRUE COPY OF THE COVERING LETTER DTD.25.5.2009 ISSUED BY THE 2ND RESPONDENT.

¶51

EXT.P13: TRUE COPY OF THE REPLY LETTER DTD.1.6.2009 ISSUED BY THE 1ST RESPONDENT.

¶52

EXT.P14: TRUE COPY OF THE REPRESENTATION DTD.7.2.2001 SUBMITTED BY THE 6TH PETITIONER.

¶53

EXT.P15: TRUE COPY OF THE REPRESENTATION DTD.5.1.2009 SUBMITTED BY THE 6TH RESPONDENT.

¶54

EXT.P16: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE 6TH PETITIONER.

¶55

EXT.P17(a): TRUE COPY OF THE NOTICE DTD.27.7.2009 ISSUED TO THE 1ST PETITIONER BY THE 2ND RESPONDENT.

¶56

EXT.P17(b): TRUE COPY OF THE NOTICE DTD.27.7.2009 ISSUED TO THE 2ND PETITIONER BY THE 2ND RESPONDENT.

¶57

EXT.P17(c): TRUE COPY OF THE NOTICE DTD.27.7.2009 ISSUED TO THE 3RD PETITIONER BY THE 2ND RESPONDENT.

¶58

EXT.P17(d): TRUE COPY OF THE NOTICE DTD.27.7.2009 ISSUED TO THE 4TH PETITIONER BY THE 2ND RESPONDENT.

¶59

EXT.P17(e): TRUE COPY OF THE NOTICE DTD.27.7.2009 ISSUED TO THE 5TH PETITIONER BY THE 2ND RESPONDENT.

¶60

EXT.P17(f): TRUE COPY OF THE NOTICE DTD.27.7.2009 ISSUED TO THE 6TH PETITIONER BY THE 2ND RESPONDENT.

¶61

EXT.P18: PHOTOCOPY OF THE EMPLOYEES PENSION SCHEME. IA.5946/2011 IN WP(C) 16444/2009

¶62

EXT.P18: TRUE COPY OF THE LETTER DTD.13.10.2010 ADDRESSED BY THE 5TH RESPONDENT TO THE 2ND RESPONDENT.

¶63

EXT.P19: TRUE COPY OF THE LETTER DTD.21.10.2010 ADDRESSED BY THE 5TH RESPONDENT TO THE 2ND RESPONDENT.

Msv/

-3-

-3-

WP(C).No. 16444 of 2009 (A)

¶68

RESPONDENT(S)' ANNEXURE:

¶69

------------------------

¶70

ANNEXURE R2(a): TRUE PHOTOSTAT COPY OF ISSUED THE MINISTRY OF GOVERNMENT OF INDIA.	THE PACKAGE DTD.14.7.1999 STEEL AND MINES BY THE
ANNEXURE R2(b): TRUE PHOTOSTAT COPY OF ISSUED THE MINISTRY OF GOVERNMENT OF INDIA.	THE PACKAGE DTD.22/23-9-1999 STEEL AND MINES BY THE
ANNEXURE R2(c): TRUE PHOTOSTAT COPY OF ISSUED THE MINISTRY OF	THE PACKAGE DTD.8-3-2002 STEEL,GOVERNMENT OF INDIA.
ANNEXURE R2(d): TRUE PHOTOCOPY OF THE THE SUPREME COURT OF I	ORDER DTD.10.1.2005 PASSED BY NDIA.
ANNEXURE R2(e): TRUE PHOTOCOPY OF THE THE PRINCIPAL DIRECTOR	LETTER DTD.9.8.2000 ISSUED BY OF COMMERCIAL AUDIT.
ANNEXURE R2(f): TRUE PHOTOCOPY OF CIR THE 2ND RESPONDENT.	CULAR DTD.28.8.2000 ISSUED BY
ANNEXURE R2(g): TRUE PHOTOCOPY OF ORD SUPREME COURT OF INDIA	ER DTD.30.9.2005 ISSUED BY THE .
ANNEXURE R2(h): TRUE PHOTOCOPY OF ORD HIGH COURT OF CHATTSGA	ER DTD.21.3.2007 PASSED BY THE RH
ANNEXURE R2(i): TRUE PHOTOCOPY OF LET 2ND RESPONDENT.	TER DTD.8.6.2004 ISSUED BY THE
ANNEXURE R2(j): TRUE PHOTOCOPY OF THE BY THE 2ND RESPONDENT	LETTER DTD.27.7.2009 ISSUED TO THE 1ST PETITIONER.
ANNEXURE R2(k): TRUE PHOTOCOPY OF THE BY THE 2ND RESPONDENT	LETTER DTD.27.7.2009 ISSUED TO THE 2ND PETITIONER.
ANNEXURE R2(l): TRUE PHOTOCOPY OF THE BY THE 2ND RESPONDENT	LETTER DTD.27.7.2009 ISSUED TO THE 3RD PETITIONER.
ANNEXURE R2(m): TRUE PHOTOCOPY OF THE BY THE 2ND RESPONDENT	LETTER DTD.27.7.2009 ISSUED TO THE 4TH PETITIONER.
ANNEXURE R2(n): TRUE PHOTOCOPY OF THE BY THE 2ND RESPONDENT	LETTER DTD.27.7.2009 ISSUED TO THE 5TH PETITIONER.

Msv/

-4-

-4-

WP(C).No. 16444 of 2009 (A)

¶75

ANNEXURE R2(o): TRUE PHOTOCOPY OF THE LETTER DTD.27.7.2009 ISSUED BY THE 2ND RESPONDENT TO THE 6TH PETITIONER.
ANNEXURE R2(P): TRUE PHOTOCOPY OF THE LETTER DTD.5.11.2007 ISSUED BY THE 1ST PETITIONER.
ANNEXURE R5(a): TRUE COPY OF THE CIRCULAR DTD.29.12.2009 ISSUED BY THE CPF COMMISSIONER.
ANNEXURE R5(b): TRUE COPY OF THE CIRCULAR DTD.31.3.2009 ISSUED BY THE CPF COMMISSIONER.

//TRUE COPY//

P.S.TO JUDGE

Msv/

P.V.ASHA J.

--------------------------------------------

¶81

W.P.(C) No.16444 of 2009

¶82

--------------------------------------------- Dated this the 3^rd day of August, 2016

¶83

J U D G M E N T

¶84

Petitioners in this writ petition retired from the second respondent on various dates in the years 1999 and 2000. They have filed this writ petition aggrieved by the inaction on the part of the respondents to pay pension under the Employees Pension Scheme, 1995. They have got other grievances also regarding the nonpayment/insufficiency in payment of arrears of pay consequent to the 5^th Pay Commission Revision and arrears of D.A, transportation charges etc. It is pointed out that they had submitted representations Exts.P9, P11, P6, P14 and P18 before the 2^nd respondent requesting for releasing the benefit due to them under various heads. It is also pointed out that the transportation charges released to them were paltry amounts and not in accordance with Rules.

¶85

Sri. T. Sanjay, the learned counsel for the 2^nd respondent submitted that the arrears of pay of the 5^th

¶86

W.P.(C) No.16444 of 2009

¶87

¶88

Pay Commission recommendations are not released in view of pendency of SLP(C) No.19536/2005 against the judgment dated 28.04.2005 in Writ Petition No.2 of 2001 of the High Court of Chhattisgarh.

¶89

Sri. Rinny Stephen, the learned counsel for the petitioners furnished a copy of the judgment dated 28.04.2005 in SLP(C) of the Apex Court. It is seen that SLP(C) is dismissed as withdrawn to enable the parties to approach the High Court by filing Writ Appeals. Learned counsel also submitted that the writ appeals filed by the second respondent have since been dismissed as per judgment dated 03.02.2015, as per the details obtained from the website of High Court of Chhattisgarh. It is also pointed out that no SLP(C) has been filed against the said judgment. In these circumstances there cannot be any impediment in making the payment of arrears of pay and DA on account of 5^th pay commission pay revision, due to petitioners.

¶90

Under the above circumstances the petitioners will submit a joint representation explaining the benefits

¶91

W.P.(C) No.16444 of 2009

¶92

¶93

due to them along with supporting documents to the second respondent within a period of 4 weeks from the date of receipt of copy of the judgment and the second respondent shall thereupon consider the same and pass orders thereon and release the benefits due to the petitioners in accordance with law, within a further period of four months from the date of receipt of copy of their representation.

¶94

Writ Petition is disposed of as above.

¶95

Sd/- P.V.ASHA, JUDGE.

¶96

N. Krishnankutty & Others v. Union of India & Others

Case brief

What is this about?

What did the court decide?

N. Krishnankutty & Others v. Union of India & Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Ambalapalli Mamo Koya Vs Accountant General and Another

Dr.Sekharan Vs University of Calicut

The Director Vs State of Kerala

Lajish K.M. Vs K.P.S.C.

Saj Flight Services (P) Ltd. Vs K.S.E.B.

M.Unnikrishnan Vs Union of India