Partly allowed

Krishnadas M. v. State of Kerala

Kerala HC24 Mar 2017WP(C)/25759/2010

Case brief

AI extract

What is this about?

This court disposed of a writ petition seeking service benefits and absorption for employees absorbed into Malabar Devaswom Board. The court held that petitioners are entitled to benefits under Section 19E-19H of the HR&CE Act if the government has issued compliance orders; if not, the government must issue them within two months, granting benefits even to retirees.

What did the court decide?

Direction to the Government to take a decision on service benefits and absorption within two months, granting benefits even to retired petitioners.

Krishnadas M. Vs State of Kerala — Service and Employment | Kerala HC (2017)

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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 24TH DAY OF MARCH 2017/3RD CHAITHRA, 1939

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WP(C).No. 25759 of 2010 (T)

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PETITIONER(S):

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KRISHNADAS M., AGED 32 YEARS,

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S/O.MADHAVAN C., LOWER DIVISION CLERK,, OFFICE OF THE ASSISTANT COMMISSIONER, MALABAR, DEVASWOM BOARD, CIVIL STATION, PALGHAT-678001, RESIDING AT VADAKKOOTTIL HOUSE, VALUPARAMBU,, CHIMBUKADU P.O., KUTHANUR PALGHAT-678721

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GIRISH N., AGED 33 YEARS, S/O.(LATE) NAGUNNI, UPPER DIVISION CLERK, OFFICE OF THE ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD, CIVIL STATION, PALGHAT-678001, RESIDING AT, PUTHENPURAKKAL HOUSE, MARUTHA ROAD P.O., PALGHAT-678007

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UNNIKRISHNAN K., AGED 36, S/O.LATE KANDAN C., PEON, OFFICE OF THE ASSISTANT, COMMISSIONER, MALABAR DEVASWOM BOARD,, CIVIL STATION, PALGHAT-678001, RESIDING AT 17/678,, C.K.NIWAS, NEAR FIRE STATION, PALGHAT-678001.

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RADHIKA K., AGED 37 YEARS, W/O.RANJEEV K., LOWER DIVISION CLERK,, OFFICE OF THE ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD, CIVIL STATION, PALGHAT-678001, RESIDING AT 'GOPI KRISHNA', A.K.NAGAR,, NEMMARA P.O., PALGHAT-678508.

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SUSHAMA K.K., AGED 35 YEARS, W/O.M.VINOD KUMAR, LAST GRADE SERVANT, OFFICE OF THE ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD, CIVIL STATION, PALGHAT-678001, RESIDING, AT 'KODAKKAD HOUSE', KINAVALLUR P.O., PARALI,, PALGHAT DIST

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SHAJI S., AGED 36 YEARS, S/O.LATE SREENIVASAN, LAST GRADE SERVANT, OFFICE OF THE ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD, CIVIL STATION,PALGHAT-678001,, RESIDING AT "NADUPPATHI KALAM",NANDAN KIZHAYA,, ANAMARI POST, KOLLENGODE, PALGHAT DISTRICT

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SURESH P., AGED 36 YEARS, S/O.KUTTI SANKARAN N., PEON, OFFICE OF THE, ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD,, CIVIL STATION, PALGHAT-678001, RESIDING AT, 'NEELATHU KALAM, KONIKKAZHI P.O., PULPPATTA,, PALGHAT DISTRICT, PIN-678632

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BY ADV. SRI.T.C.GOVINDA SWAMY

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:2:

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WP(C).No. 25759 of 2010 (T)

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RESPONDENT(S):

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STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001.

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THE MALABAR DEVASWOM BOARD, REPRESENTED BY ITS COMMISSIONER,, KOZHIKODE-20.

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THE ADDITIONAL SECRETARY TO THE GOVERNMENT OF KERALA, REVENUE (DEVASWOM), DEPARTMENT, THIRUVANANTHAPURAM-695001. R,R1 & 3 BY ADV. SR GOVERNMENT PLEADER, SRI. BIJOY CHANDRAN R,R2 BY ADV. SRI.K.MOHANAKANNAN,SC,MALABAR DEVASWOM RE,R2 BY ADV. SRI.R.LAKSHMI NARAYANAN,SC,MALABAR DEVA R-R2 BY ADV. SRI.KRISHNAKUMAR.S, SC, MALABAR DEVASWOM BOARD R2 BY ADV. SRI.MAHESH V.RAMAKRISHNAN, SC, MALABAR DEVASWOM BOARD

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24-03-2017, ALONG WITH WPC. 8521/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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CONTD.....

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WP(C).No. 25759 of 2010 (T)

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APPENDIX

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PETITIONER'S EXHIBITS :

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EXHIBIT P1 A TRUE COPY OF MADRAS HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS (AMENDMENT) ACT 2008 (ACT 31 OF 2008)

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EXHIBIT P2 A TRUE COPY OF COMMUNICATION BEARING NO. J-1-7206/2008/MDB DATED 01.12.2008, ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT TO THE 3RD RESPONDENT.

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EXHIBIT P3 A TRUE COPY OF ORDER DATED 26.3.2009 IN WP(C) NO.8521/2009(I) RENDERED BY THIS HON'BLE COURT

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EXHIBIT P4 A TRUE COPY OF ORDER GRANTING TIME SO ASKED FOR DATED 25TH JUNE 2009 (WRONGLY SHOWN IN THE TITLE PAGE AS 25TH MARCH 2009) IN WP (C) NO. 8521/2009 RENDERED BY THIS HON'BLE COURT

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EXHIBIT P5 A TRUE COPY OF GOVERNMENT OF KERALA ORDER BEARING NO.G.O.(Rt) NO. 1088/2009/RD DAED 24.3.2009

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EXHIBIT P6 A TRUE COPY OF GOVERNMENT ORDER ISSUED BY THE REVENUE )(DEVASWOM) DEPARTMENT, GOVERNMENT OF KERALA, BEARING G.O. (MS) NO. 222/2010/RD DATED 8.6.2010.

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RESPONDENT'S EXHIBITS : NIL

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ANU SIVARAMAN (J) ================== W.P.(C.) No. 25759 of 2010

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Dated this the 24^th day of March, 2017

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JUDGMENT

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Heard the learned counsel for the petitioners and the learned Senior Government Pleader as well as the learned standing counsel appearing for the Malabar Devaswom Board.

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It is submitted by the learned standing counsel for Malabar Devaswom Board that the issue raised in this writ petition is with regard to the service conditions of employees of the HR&CE Department who were absorbed into Malabar Devaswom Board and is covered by the judgment dated 06.09.2016 in W.P.(C.) No. 20592 of 2009. It is submitted that considering the contentions advanced by the petitioners and the provisions of Section 19E to H of the Madras Hindu Religious and Charitable Endowments Act, 1951 (for short, “the Act”) this Court had held that the petitioners in that writ

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W.P.(C.) No. 25759 of 2010 2

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petition, who are identically placed as the petitioners are entitled to absorption and protection of all service benefits or to be accommodated in Government Departments based on their option. The said writ petition had been disposed of, directing the Government to take an appropriate decision in the matter of grant of service benefits and absorption of the petitioners, after hearing one of their representatives within a period of three months from the date of receipt of the copy of the judgment.

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It is submitted that it is not clear whether orders

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have been passed by the Government. This writ petition is therefore disposed of, with the following directions.

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In case, the Government has passed the orders as directed by the judgment in W.P.(C.) No. 20592 of 2009, granting the benefits provided in Section 19E to 19H of the HR&CE Act to the petitioners therein, such decision shall govern the petitioners in this writ petition also. In case no

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W.P.(C.) No. 25759 of 2010 3

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orders have been passed as directed in the said judgment, the Government shall take up, consider and pass orders on the claim made by the petitioners for absorption and protection of service conditions as provided in the Act without any further delay, at any rate, within a period of two months from the date of receipt of a copy of this judgment.

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It is made clear that the petitioners shall be entitled to all service benefits, even if they have retired from service on the basis of the orders to be issued by the Government.

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The writ petition is ordered accordingly.

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Sd/-

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ANU SIVARAMAN JUDGE

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SKS

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//TRUE COPY//

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P.A. TO JUDGE

Krishnadas M. v. State of Kerala

Case brief

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Krishnadas M. v. State of Kerala

Case brief

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