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T.A. Thankappan v. State of Kerala

Kerala HC28 Feb 2018WP(C)/5227/2018

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by a retiring contingent sanitation worker seeking pension credit for leave reserve service. The Court directed the Municipality Secretary to consider the petitioner's representation and pass orders within two months.

What did the court decide?

The 2nd respondent is directed to consider and pass orders on the representation submitted by the petitioner within two months from the date of receipt of a copy of this judgment.

T.A. Thankappan Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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WEDNESDAY, THE 28TH DAY OF FEBRUARY 2018 / 9TH PHALGUNA, 1939

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WP(C).No. 5227 of 2018 ----------------------

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PETITIONER :

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T.A. THANKAPPAN, AGED 59 YEARS, S/O LATE ANINJAN CONTINGENT SANITATION WORKER, THODUPUZHA MUNICIPALITY, MUNICIPAL OFFICE, MUTTAM P.O., THODUPUZHA, IDUKKI DIST-685 584, THODUPUZHA, IDUKKI DIST-685 605.

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BY ADVS.SRI.V.MANOJ KUMAR SRI.IYPE JOSEPH

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RESPONDENTS :

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1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT (DD) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2. THE SECRETARY THODUPUZHA MUNICIPALITY, MUNICIPAL OFFICE, MUTTAM P.O.,685 584.

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R1 BY SENIOR GOVERNMENT PLEADER SRI. BIJOY CHANDRAN R2 BY ADV. SRI.UNNIKRISHNAN V.ALAPPATT, SC,

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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bp 01/3/2018

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WP(C).No. 5227 of 2018 (C)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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EXHIBIT P1	A TRUE COPY NO.24304932 THODUPUZHA	OF THE , DATED TALUK OF	COMMUNITY 27-04-201 FICE TO T	CERTIFICAT 7, ISSUED F HE PETITION	E ROM THE ER.
EXHIBIT P2	A TRUE COPY 25-04-1995, RESPONDENT.	OF THE ISSUED	ORDER NO. TO THE PE	G1-4765/94 TITIONER BY	, DATED THE 2ND
EXHIBIT P3	A TRUE COPY 06-05-1995, RESPONDENT.	OF THE ISSUED	ORDER NO. TO THE PE	G1-4765/94 TITIONER BY	, DATED THE 2ND
EXHIBIT P4	A TRUE COPY 17-03-2010, RESPONDENT.	OF THE ISSUED	ORDER NO. TO THE PE	H2-1026/06 TITIONER BY	, DATED THE 2ND
EXHIBIT P5	A TRUE COPY 12-06-2017, BY THE PETI	OF THE SUBMITT TIONER.	REPRESENT ED BEFORE	ATION DATED THE 2ND RE	SPONDENT

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RESPONDENT'S EXHIBITS : NIL.

//TRUE COPY//

P.A. TO JUDGE

bp 01/3/2018

P.V.ASHA J.

------------------------------------W.P.(C).No.5227 of 2018

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------------------------------------- Dated this the 28^th day of February, 2018

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JUDGMENT

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Petitioner is a contingent (sanitation) worker in Thodupuzha Municipality. He is going to retire from service on 31.05.2018. Petitioner claims that the service rendered as Leave Reserve sanitation worker in the Municipality for the period from 06.05.1995 to 28.02.2010 is liable to be reckoned towards pension. He has submitted a representation, Ext.P5 before the 2^nd respondent, the Secretary of the Municipality.

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Even though the provisions in Kerala Service Rules are not applicable to the Municipal contingent employees, the learned counsel for the petitioner submits that petitioner would be satisfied with a

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W.P.(C).No.5227 of 2018

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direction to the 2^nd respondent to consider Ext.P5 representation.

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Therefore, I dispose of the writ petition directing the 2^nd respondent to consider and pass orders on Ext.P5 representation in accordance with law within a period of 'two months' from the date of receipt of a copy of this judgment.

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Sd/-

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P.V.ASHA, JUDGE.

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T.A. Thankappan v. State of Kerala

Case brief

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T.A. Thankappan v. State of Kerala

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