Dismissed

V.Haridas v. State of Kerala

PETITIONER RETIREMENT AT AGE 58 – WHERE PETITIONER RETIRED DUE TO AGE LIMIT AND REQUESTEN ENHANCEMENT

Kerala HC7 Dec 2016WP(C)/30799/2014

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What is this about?

The High Court of Kerala directed the respondents to compute and pay all pensionary benefits due to the petitioner upon his retirement at age 58 within three months, noting the petitioner had no further interest in prosecuting the petition.

What did the court decide?

Direct respondents to compute and pay all pensionary benefits due to the petitioner upon retirement at age 58 within three months.

V.Haridas 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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WEDNESDAY, THE 7TH DAY OF DECEMBER 2016/16TH AGRAHAYANA, 1938

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WP(C).No. 30799 of 2014 (Y)

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PETITIONER(S):

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V.HARIDAS

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SIMPLEX CUM DRAWING/COMBER TENDER, EDARIKKODE TEXTILES, A UNIT OF KERALA STATE TEXTILE CORPORATION LIMITED, PUTHUPARAMBA P.O., EDARIKKODE, MALAPPURAM - 676 501.

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BY ADV. SRI.S.VISHNU

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RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, INDUSTRIES (C) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2. KERALA STATE TEXTILE CORPORATION LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, ANNAPOORNA, T.C.9/2000-01, KOCHAR ROAD, SASTHAMANGALAM, THIRUVANANTHAPURAM - 695 010.

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3. THE MANAGING DIRECTOR,

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KERALA STATE TEXTILE CORPORATION LIMITED, ANNAPOORNA, T.C.9/2000-01, KOCHAR ROAD, SASTHAMANGALAM, THIRUVANANTHAPURAM - 695 010.

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R1 BY SR. GOVERNMENT PLEADER SRI. BIJOY CHANDRAN.

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R2,R3 BY ADVS. SRI.P.U.SHAILAJAN

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SRI.V.E.ABDUL GAFOOR SC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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MLG

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WP(C).No. 30799 of 2014 (Y)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1:	TRUE COPY OF THE G.O.(MS) NO.56/10/ID DATED 15/3/2010 ISSUED BY THE 1ST RESPONDENT.
P2:	TRUE COPY OF THE ITEM NO.29(VI) OF THE AGENDA NOTES FOR THE 26TH BOARD MEETING SIGNED BY THE MANAGING DIRECTOR, KERALA STATE TEXTILE CORPORATION LIMITED.
P3:	TRUE COPY OF THE CERTIFIED TRUE EXTRACT OF MINUTES OF 26TH MEETING OF BOARD OF DIRECTORS HELD ON 26/8/2014.
P4:	TRUE COPY OF THE G.O(MS) NO.108/2014/ID DATED 31/7/2014 ISSUED BY THE 1ST RESPONDENT.
P5:	TRUE COPY OF THE COMMUNICATION NO.P-221/01(3)/859 DATED 1/9/2014 ISSUED BY THE 2ND RESPONDENT.
P5(A):	ENGLISH TRANSLATION OF EXT.P5
P6:	TRUE COPY OF THE REPRESENTATION DATED 13/11/2014 TO THE 3RD RESPONDENT.
P7:	TRUE COPY OF ORDER DATED 21/12/2011 IN WPC NO.34317/2011 OF THIS HON'BLE COURT.
P8:	TRUE COPY OF G.O.(RT) NO.1323/2011/ID DATED 24/10/2011 OF THE INDUSTRIES (H) DEPARTMENT.
P9:	TRUE COPY OF G.O.(MS) NO.03/2012/S&T DATED 16/4/2012 OF THE SCIENCE AND TECHNOLOGY DEPARTMENT.
P10:	TRUE COPY OF G.O.(MS) NO.146/2013/CO-OP. DATED 29/11/2013 OF THE COOPERATION DEPARTMENT.
P11:	TRUE COPY OF G.O.(MS) NO.8/2014/H&FWD DATED 4/1/2014 OF HEALTH AND FAMILY WELFARE DEPARTMENT.
P12:	TRUE COPY OF G.O.(MS) NO.131/2014/H&FWD DATED 30/4/2014 OF HEALTH AND FAMILY WELFARE DEPARTMENT.
P13:	TRUE COPY OF G.O.(MS) NO.160/2014/H&FWD DATED 30/5/2014 OF HEALTH AND FAMILY WELFARE DEPARTMENT.
P14:	TRUE COPY OF THE COMMUNICATION NO.ET/PER/2014-15/765 DATED 31/10/2014 ISSUED BY THE UNIT IN CHARGE, EDARIKKODE TEXTILES, MALAPPURAM.
P15:	TRUE COPY OF THE COMMUNICATION NO. 26656/C3/14/1D DATED 12/12/2014 ISSUED BY THE PRINCIPAL SECRETARY, INDUSTRIES DEPARTMENT OT THE MANAGING DIRECTOR, KSTC AS WELL AS THE ADVOCATE GENERAL, ERNAKULAM.
P16:	TRUE COPY OF THE G.O NO. 469/2014/FIN DATED 31/10/2014.
P17:	TRUE COPY OF THE G.O(MS) NO. 29/14/PLG DATED 08/07/2014.
P18:	TRUE COPY OF THE G.O (MS) NO. 754/2014/H.EDN. DATED 29/08/2014

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RESPONDENT(S)' EXHIBITS NIL

//TRUE COPY//

P.S TO JUDGE

MLG

ANU SIVARAMAN, J.

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W.P(C).No. 30799 of 2014

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Dated this the 7^th December, 2016

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JUDGMENT

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The prayer in the writ petition is for a direction to enhance the retirement age of the employees of the 2^nd respondent and to permit the petitioner to continue in service until the age of 60 years. It is submitted that the petitioner attained the age of 58 years on 30.11.2014 and has retired from service. It is also submitted that the petitioner is not interested in prosecuting this writ petition any further. However, it is submitted that his retirement benefits which may be due to him on his retirement at the age of 58 years should be computed and paid to him in full within a time limit.

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In the above view of the matter, this writ petition is closed with a direction to respondents 2 and 3 to compute and pay all pensionary benefits due to the petitioner on account of his retirement at the age of 58 years on 30.11.2014, within three months from the date of receipt of a copy of this judgment.

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ANU SIVARAMAN

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JUDGE vgs8/12

V.Haridas v. State of Kerala

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