Disposed

C. Gowri Sankaran v. State of Kerala

Kerala HC3 Jun 2016WP(C)/9195/2007

Case brief

AI extract

What is this about?

This single-paragraph order disposes of a writ petition filed by the legal heirs of a deceased retired librarian. The High Court directed the Government to consider a request for exemption from educational qualification to fix the employee's arrears and disburse due benefits to the legal heirs.

What did the court decide?

The Government directed to consider the request for exemption from educational qualification for salary fixation within two months and disburse due amounts to legal heirs within three months.

C. Gowri Sankaran 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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FRIDAY, THE 3RD DAY OF JUNE 2016/13TH JYAISHTA, 1938H

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WP(C).No. 9195 of 2007 (T)

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PETITIONER(S) :

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1. C.GOWRI SANKARAN, AGED 60 YEARS, LIBRARIAN GRADE-II (RETIRED), S/O.MADHAVANKUTTY MENON K.P., USHAS, ADAKKAPUTHUR POST, CHERUPULASSERY, PALAKKAD DISTRICT. [DIED, LRS IMPLEADED)

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*ADDL. P2 TO P5 IMPLEADED

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*ADDL.P2. KUNHILAKSHMI AMMA AGED 87, W/O. LATE APPUNNI MENON, USHUS, ADAKKAPUTHUR POST, CHERPPULASSERY, PALAKKAD DISTRICT.

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*ADDL.P3. ANANDAMANI K.P., AGED 71, W/O. LATE C.GOURI SANKARAN, USHUS, ADAKKAPUTHUR-POST, CHERPPULASSERY, PALAKKAD DISTRICT.

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*ADDL.P4. BINDU AGED 40, D/O. LATE C.GOURI SANKARAN, USHUS, ADAKKAPUTHUR-POST, CHERPPULASSERY, PALAKKAD DISTRICT.

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*ADDL.P5. BINOJ AGED 38, S/O. LATE GOURI SANKARAN, USHUS, ADAKKAPUTHUR-POST, CHERPPULASSERY, PALAKKAD DISTRICT.

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*ADDL. P2 TO P5 ARE IMPLEADED AS THE LEGAL REPRESENTATIVES OF THE DECEASED PETITIONER AS PER ORDER IN IA NO. 9412/14 DT. 26.5.16.

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BY ADV. SRI.P.V.MOHANAN

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...2/-

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WP(C).No. 9195 of 2007 (T) -2-

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RESPONDENT(S) :

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1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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2. THE SECRETARY, KERALA STATE LIBRARY COUNCIL (KERALA GRANDHASALA SANGAM), P.B.NO.6501, THIRUVANANTHAPURAM.

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R1 BY GOVT. PLEADER SMT. M.J.RAJSREE R2 BY ADVS. SRI.P.V.SURENDRANATH, SC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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...3/-

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WP(C).No. 9195 of 2007 (T)

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APPENDIX

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PETITIONER'S EXHIBITS :

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EXT.P1	: TRUE COPY OF PROCEEDING NO. L.F/5791 (i) PEN 2/2001 DATED 24.9.2001.
EXT.P2	TRUE COPY OF G.O (P) NO. 36/71/EDN. DATED 23.3.1971.
EXT.P3	TRUE COPY OF G.O (P) NO. 18/72/EDN. DATED 19.1.1972.
EXT.P4	TRUE COPY OF G.O.(MS) NO. 02/99/EDN. DATED 1.1.1999.
EXT.P5	TRUE COPY OF G.O.(MS) NO. 82/04/EDN. DATED 23.7.2004.
EXT.P6	TRUE COPY OF REPRESENTATION DATED 24.1.2001.
EXT.P7	TRUE COPY OF PROCEEDING NO. D4/3770/03 DATED 18.11.2003.
EXT.P8	TRUE COPY OF REPRESENTATION DATED 7.1.2004.
EXT.P9	TRUE COPY OF REPRESENTATION DATED 1.11.2006.
EXT.P10	TRUE COPY OF PROCEEDING NO. D4/3770/03 DATED 7.12.2006.
EXT.P11	TRUE COPY OF FIXATION STATEMENT.
EXT.P12	TRUE COPY OF PROCEEDING NO. B1/2003 DATED 15.11.2003.
EXT.P13	TRUE COPY OF JUDGMENT IN OP NO. 30963/99 DATED 5.9.2001.
EXT.P14	TRUE COPY OF PROCEDINGS NO. 881/2002 DATED 1.8.2002.

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(Contd...)

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WP(C).No. 9195 of 2007 (T)

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EXT.P15	TRUE COPY OF PROCEEDING NO. LF-7435(i)/PEN-2/2002 DATED 6.6.2002.
EXT.P16	TRUE COPY OF JUDGMENT IN OP NO. 29792 OF 1999(V) DATED 29.9.2006.
EXT.P17	TRUE COPY OF THE ORDER DATED 10.9.1997.
EXT.P18	TRUE COPY OF THE ORDER DATED 5.1.1982.
EXT.P19	TRUE COPY OF THE PROCEEDINGS DATED 25.7.1997 ALONG WITH THE FIXATION OF PAY BY PROCEEDING DATED 9.7.1997.
EXT.P20	TRUE COPY OF THE PROCEEDINGS DATED 2.9.2000.
EXT.P21	TRUE COPY OF THE PROCEEDINGS DT. 7-12-2006.
EXT.P22	TRUE COPY OF THE REPRESENTATION DATED 11.3.2013.
EXT.P23	TRUE COPY OF THE LETTER DATED 8.5.2013 ALONG WITH LETTER DATED 8.2.2012.

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RESPONDENT'S EXHIBITS : NIL

//TRUE COPY//

P.S. TO JUDGE

ANU SIVARAMAN, J.

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= = = = = = = = = = = = = W.P.(C).No.9195 of 2007

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= = = = = = = = = = = = = =

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Dated this the 3^rd day of June, 2016

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JUDGMENT

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1.The prayers in this writ petition are as follows:-

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To issue Writ of Mandamus order or direction commanding the respondent No.2 to refix the pay of the petitioner in the category of Librarian Grade IV in the scale of Rs.100-210 with effect from 01.01.1971 and to refix the pay as envisaged in the State Pay Revision Orders of 1973, 1978, 1983, 1988, 1992 (Central Pay Parity) and 1997 respectively and to disburse the arrears of pay forthwith to the petitioner.

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To issue Writ of Mandamus, order or direction commanding the respondents to refix the pension and terminal benefits of the petitioner based on the basic pay at the time of retirement as Rs.8250/- with effect from 01.07.2001 after refixing the pay referred to above and to disburse the pensionary benefits with interest at the rate of 18% per annum from the date of due till the date of disbursement.

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To issue a Writ of Mandamus, Order or direction commanding the second respondent to pay an amount of Rs.74000/- (Rupees seventy four thousand only) being arrears of pay consequent on fixation of pay under 1992 and 1997 Pay Revision Orders forthwith.”

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W.P.(C).No.9195/07

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2.It is submitted that the writ petitioner, who was working as Librarian Grade-II had retired from service and later passed away. His legal heirs had been brought on record as additional petitioners. By Ext.P23 series which were produced along with I.A.No.7045 of 2016, the Library Council has informed the petitioner that a request for clarification has been made to the Government with regard to exemption to be granted from educational qualification for the purpose of fixing the salary due to the employee. It is submitted by the learned counsel for the petitioners that the 1^st respondent Government is be directed to take up Ext.P23(2) request dated 08.02.2012 made by the Library Council and pass orders thereon as expeditiously as possible, since the additional petitioners are the legal representatives of the deceased employee. It is highly necessary that the matter may be disposed of at the earliest so that the monetary benefits, if any due can be disbursed to them at the earliest.

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W.P.(C).No.9195/07

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3.Heard learned counsel for the petitioners, learned counsel for the 2^nd respondent and learned Government Pleader. The limited prayer for a consideration of the request made by the 2^nd respondent is not opposed.

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4.In the above circumstances, this writ petition is disposed of directing the 1^st respondent to take up and pass orders on the request made by the Library Council dated 08.02.2012 which was produced as Ext.P23(2) along with I.A.No.7043 of 2016 and pass orders thereon, within a period of two months from the date of receipt of a copy of this judgment. Any amounts found due to the employee after the consideration of the request by the Government shall be calculated and disbursed to his legal heirs without further delay. The petitioners shall make available a copy of this judgment and a copy of all relevant documents before the Government for passing appropriate orders in this regard. It is also directed that if any amounts are due to the legal heirs of the retired employee from the Library Council on account of retiral benefits, DCRG

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W.P.(C).No.9195/07

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or any other amounts as at present, in the light of Ext.P1, the same shall be disbursed to the legal heirs within a period of three months from date of receipt of a copy of this judgment.

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This writ petition is disposed of.

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sd/-

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Anu Sivaraman, Judge

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sj3/5

C. Gowri Sankaran v. State of Kerala

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C. Gowri Sankaran v. State of Kerala

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