Petitioner sought declaration of pension entitlement from the date of press closure (1998) instead of retirement age (2004). Court noted that prior proceedings had already sanctioned partial pension from 2003. Finding no further relief required, the petition was disposed of without substantive direction.
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 SMT. JUSTICE P.V.ASHA
THURSDAY, THE 28TH DAY OF JULY 2016/6TH SRAVANA, 1938
WP(C).No. 2591 of 2007 (H)
PETITIONER(S):
AMBALAPALLI MAMO KOYA, AGED 62 YEARS, S/O. MOHAMMED, FLAT NO.4, KESAVAMENON NAGAR, BILATHIKULAM, KOZHIKODE.
BY ADVS.SRI.P.S.SREEDHARAN PILLAI, SMT.C.G.PREETHA.
RESPONDENT(S):
1. THE ACCOUNTANT GENERAL (AUDIT A & E), KERALA, OFFICE OF THE ACCOUNTANT GENERAL, THIRUVANANTHAPURAM.
2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GOVT. SECRETARIAT, THIRUVANANTHAPURAM.
3. THE DIRECTOR, INFORMATION AND PUBLIC RELATION (C) DEPARTMENT,, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
R1 BY ADV. SRI.N. NAGARESH, ASST. S.G. OF INDIA. R2 & R3 BY GOVT. PLEADER SRI.JIBU P.THOMAS.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 2591 of 2007 (H)
APPENDIX
PETITIONER'S EXHIBITS:-
| EXT.P1 | COPY OF THE ORDER NO.2536/C2/04/PR ISSUED BY THE |
|---|---|
| 3RD RESPONDENT DATED 17/01/2005. | |
| EXT.P2 | COPY OF THE REPRESENTATION DATED 10/05/2005 |
| SUBMITTED BY THE PETITIONER. |
| EXT.P3 | COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT |
|---|---|
| DATED NIL. |
RESPONDENT'S EXHIBITS:-
| EXT.R3A | COPY OF THE REPRESENTATION DATED 22/01/2004 OF THE PETITIONER. |
|---|---|
| EXT.R3B | COPY OF THE PROCEEDINGS NO.6664/C2/07/PR DATED 12/04/2007 |
| OF THE 3RD RESPONDENT. |
//TRUE COPY//
P.S. TO JUDGE
rs.
P.V.ASHA, J.
----------------------------------------------------W.P(C) No.2591 of 2007-H
Dated this the 28th day of July, 2016
JUDGMENT
The petitioner has filed this Writ Petition seeking a direction to declare that he is entitled for pension with effect from the date of closure of the Veekshanam press and for a direction to the 3rd respondent to disburse the arrears of pension w.e.f 4.9.1998.
W.P(C) No.2591 of 2007-H 2
petitioner, similarly situated persons, who were retrenched from Janayugam, Malayalam Express, Kerala Times, etc, subsequent to the closure of the respective establishments, were granted pension from the date of closure of the respective establishments.
W.P(C) No.2591 of 2007-H 3
petitioner as well as the learned Government Pleader. From Ext.R1(a), it can be seen that the petitioner’s contention before the 3rd respondent was to the effect that the petitioner was allowed to continue in service till 18.07.2003 and on that day all the staff were granted the terminal benefits consequent to the closure of the press. By Ext.R3(b), the 3rd respondent has granted pension to the petitioner @ 50% for the period from 7/2003 to 9/2004, ie. till the date from which pension was granted as per Ext.P1.
In the above circumstances, no further relief is required in this Writ Petition. The Writ Petition is disposed of accordingly.
Sd/- (P.V.ASHA, JUDGE)
rtr/
2 issues framed by the court
Whether the petitioner is entitled to declare pension from the date of closure of the press or from retirement age.
Whether further relief is required in the Writ Petition pending the Government's interim correction.
Ambalapalli Mamo Koya
The Accountant General (Audit A & E), Kerala
State of Kerala
The Director, Information and Public Relation
P.V.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
