Allowed

State of Kerala v. Smt.N.Sulekha

Kerala HC1 Feb 2016WP(C)/7353/2005

Case brief

AI extract

What is this about?

The Court allowed the State's challenge to an order by the Kerala Lok Ayukta. The order was set aside because the claims involved issues of pay and conditions of service exempt from the Lok Ayukta's jurisdiction. Additionally, the retired respondent was held not entitled to relief due to delay in claiming arrears while in service.

What did the court decide?

The writ petition is allowed setting aside the order of the Lok Ayukta.

State of Kerala Vs Smt.N.Sulekha — 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 MR.JUSTICE K.VINOD CHANDRAN

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MONDAY, THE 1ST DAY OF FEBRUARY 2016/12TH MAGHA, 1937

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WP(C).No. 7353 of 2005 (A)

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PETITIONER(S):

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STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM

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THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM.

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THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, SHINE BUILDINGS, KOLLAM.

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BY ADV. GOVERNMENT PLEADER SRI S JAMAL

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RESPONDENT(S):

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SMT.N.SULEKHA, SELECTION GRADE LECTURER (RTD.), KALIYILAZHIKAM, MEYYANADU KOLLAM.

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THE KERALA LOK AYUKTA, REPRESENTED BY ITS REGISTRAR, THIRUVANANTHAPURAM.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 7353 of 2005 (A)

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APPENDIX

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PETITIONERS EXHIBITS:

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EXT.P1: TRUE COPY OF THE G.O(MS) NO. 63/91/H.EDN. DT 21.3.2001

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EXT.P2: TRUE COPY OF THE COMMON ORDER OF THE HON'BLE LOK AYUKTA DT 22.5.2004 IN COMPLAINT NO. 36/02, 82/02 AND 93/03

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RESPONDENTS EXHIBITS: NIL

TRUE COPY

P.A TO JUDGE

jma

K. VINOD CHANDRAN, J

- - - - -- - - - - - - - - - - - - - - - W.P(C) No. 7353 of 2005

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Dated this the 01^st day of February, 2016

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The writ petition is filed by the State challenging

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Ext.P2 order of the Lok Ayukta. The Lok Ayukta by the aforesaid

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order considered the issue of pay fixation of three complainants and the claim of selection grade raised. The issue considered by the Lok Ayukta as is seen from Ext.P2 order is with respect to the claim for arrears on the basis of the selection grade which the complainants alleged to be due to them while in service.

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The second schedule of the Kerala Lok Ayukta Act, 1999, by Section 8 (i)(a) exempts any matter specified in the second schedule from its jurisdiction. Hence any action taken in respect of appointment, removal, pay, discipline, superannuation or other matters relating to conditions of service of public servants, not including actions in relation to claims for pension, gratuity,

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WPC.7353/2005

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: 2 :

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provident fund or to claims arising on retirement, removal or

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termination of service; stands exempted.

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The claim raised by the complainant was with

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respect to arrears of pay while they were in service which will not come within the jurisdiction of the Lok Ayukta. This Court is not convinced that such an order can be passed especially since the 1^st respondent retired from service and never claimed arrears of pay while in service. Hence for the delay occasioned, this Court is convinced that the 1^st respondent is not entitled to the reliefs as

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allowed by the Lok Ayukta. On the aspect of jurisdiction also the order of the Lok Ayukta is bad.

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In such circumstance, the writ petition is allowed

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setting aside the order of the Lok Ayukta. No costs.

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Sd/(K. VINOD CHANDRAN, JUDGE)

jma

//true copy//

P. A to Judge

WPC.7353/2005

: 3 :

State of Kerala v. Smt.N.Sulekha

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State of Kerala v. Smt.N.Sulekha

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