Retired officers challenged the retrospective effect of a pay revision order and entitlement to revised gratuity. The single-judge bench dismissed the writ petition holding that no benefits survive when the revision applies only from a date after the petitioners' retirement.
Dictum that the writ petition stands dismissed with no costs.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
MONDAY, THE 11TH DAY OF JANUARY 2016/21ST POUSHA, 1937
WP(C).No. 34196 of 2005 (U)
PETITIONERS:
1. A. KUNHI MOIDU, AFSAJSIA MANZIL, NEDUPADAM LANE, ANGAMALY SOUTH ERNAKULAM DISTRICT.
2. C.C. JACOB, S/O. C.C. CHACKO, CHENNOTH HOUSE, ATHANI P.O., ERNAKULAM DISTRICT.
BY ADVS.SRI.V.M.KURIAN
SRI.A.V.THOMAS
SRI.MATHEW B. KURIAN
SMT.TULASI PANICKER
RESPONDENTS:
1. STATE OF KERALA, REP. BY PRINCIPAL SECRETARY TO GOVERNMENT INDUSTRIES (H) DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM.
2. TRANSFORMERS & ELECTRICALS KERALA LIMITED (TELK), ANGAMALY SOUTH P.O., ANGAMALY REP. BY ITS MANAGING DIRECTOR.
R2 BY ADV. SRI.M.PATHROSE MATTHAI (SR.) R2 BY ADV. SRI.RONY J.PALLATH R1 BY GOVERNMENT PLEADER SMT. SUNITHA VINOD
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 34196 of 2005 (U)
APPENDIX
PETITIONER'S EXHIBITS
RESPONDENT'S EXHIBITS
NIL
//TRUE COPY//
P.A. TO JUDGE
JJJ
K. VINOD CHANDRAN, J.
W.P.(C) No. 34196 of 2005 (U)
Dated this the 11th day of January, 2016
The petitioners are retired officers of the
respondent Company, who retired from the Company respectively on 29.02.2004 and 30.06.2003. The petitioners contend that as per Ext.P1 order, the revision has been effected in the pay scales applicable to the employees of the Company from 1.9.2001 and they are entitled to revision of retirement benefits, including gratuity, on the basis of the last pay drawn as computed under Ext.P1. The petitioners also challenge the prescription in Ext.P1 that the revision will have effect from 1.1.2005 only.
W.P.(C) No. 34196/2005
-2-
1.1.2005. The validity period with effect from 1.9.2001
only indicates that the revision would be effective till 1.9.2005.
In any event, since the revision has been made applicable only from 1.1.2005, before which the petitioners retired, nothing survives in the writ petition and the writ petition would stand dismissed. No Costs.
Sd/K.VINOD CHANDRAN, JUDGE
jjj 11/1/16
2 issues framed by the court
Whether retired employees are entitled to revision of retirement benefits on the basis of a pay scale revision effective only from a date after their retirement.
Whether the prescription limiting the effectiveness of a pay revision to a specific period survives a challenge by retirees whose services ended before that date.
A. KUNHI MOIDU
C.C. JACOB
STATE OF KERALA
TRANSFORMERS & ELECTRICALS KERALA LIMITED
K. VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
