Disposed

K.Sivankutty v. the State of Kerala

Kerala HC24 Jul 2019WP(C)/3824/2019

Case brief

AI extract

What is this about?

Resolved a writ petition where retired workers sought Death Cum Retirement Gratuity. The High Court of Kerala directed the society to consider specific representations and decide on the merits within one month after affording an opportunity of hearing.

What did the court decide?

Directed the society to consider representations and dispose them within one month after hearing petitioners 1 and 2.

K.Sivankutty Vs the State of Kerala — Pension and Retirement Benefits | Kerala HC (2019)

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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 DEVAN RAMACHANDRAN

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WEDNESDAY, THE 24TH DAY OF JULY 2019 / 2ND SRAVANA, 1941

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WP(C).No.3824 of 2019

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PETITIONER/S:

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1 K.SIVANKUTTY, AGED 63 YEARS RETD.SKILLED WORKER,HANTEX,UTHARADOM, PAPPADU,NETTAYAM,THIRUVANANTHAPURAM-695013.

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2 P.B.SURESH KUMAR, RETD.U.D.CLERK, HANTEX,TC 22/2847,SANKAR ROAD, SASTHAMANGALAM,THIRUVANANTHAPURAM-695010.

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3 M.ABDUL SALAM, RETD.SEMI-SKILLED WORKER, HANTEX,VARUVILAKATHU VEEDU, PAPPANAMCODU,THIRUVANANTHAPURAM-695018.

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4 RAMESAN, RETD.SEMI-SKILLED WORKER, HANTEX, KUMBALAMTHURUTH HOUSE,EZHKKARA.P.O, NORTH PARAVUR,ERNAKULAM-683513.

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5 S.MOHAMMED BASHEER, RETD.SKILLED WORKER, HANTEX,SHIFNA MANZIL,NEAR ST.THOMAS U.P.SCHOOL, POTHENCODU,THIRUVANANTHAPURAM-695017.

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BY ADV. SRI.S.MOHANDAS

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RESPONDENT/S:

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1 THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, INDUSTRIES AND COMMERCE DEPARTMENT, THIRUVANANTHAPURAM-695001.

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2 MANAGING DIRECTOR, KERALA STATE HANDLOOM WEAVERS CO-OPERATIVE SOCIETY LTD.(HANTEX), OOTTUKUZHY,THIRUVANANTHAPURAM-695001.

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BY ADVS. SRI.BIMAL K.NATH,SR.GP SRI.N.RAGHURAJ,SC

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC 3824/19

JUDGMENT

The petitioners' singular grievance in this

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Writ Petition is that even though they have

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retired from the services of the 2^nd respondentSociety, they have not been paid their eligible Death Cum Retirement Gratuity (DCRG) and Leave Surrender benefits. They add that petitioners 1

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and 2 have preferred Exts.P3 and P4

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representations before the Society, but that no action has been taken thereon. The petitioners therefore, pray that the respondent-Society be directed to pay their eligible benefits forthwith.

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Sri.N.Raghuraj, learned Standing

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Counsel for the Society, submits that there is no legal inhibition in considering Exts.P3 and

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P4, but that since it relates only to petitioners 1 and 2, petitioners 3 to 5 also may approach the Society with an appropriate representation, which can then be considered together.

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WPC 3824/19

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Taking note of the afore submissions

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and since I am of the view that a decision in this regard will have to be taken by the Society at the first instance, I deem it appropriate to order this Writ Petition directing them to take up Exts.P3 and P4 and dispose of the same, after affording necessary opportunity of being heard to petitioners 1 and 2, within a period of one month from the date of receipt of a copy of this judgment. Consequently, if petitioners 3 to 5 are also interested, they may make appropriate representation/s before the Society within a period of one week from from the date of receipt of a copy of this judgment and its competent Authority will, thereupon, consider all these representations together, as directed afore, within the period granted herein.

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This writ petition is thus ordered.

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Sd/-

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DEVAN RAMACHANDRAN

JUDGE

WPC 3824/19

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	A TRUE COPY OF THE GO(MS)NO.41/2016/ID DATED 29.2.2016.
EXHIBIT P2	A TRUE COPY OF THE PROCEEDINGS NO.A1/619/PAYRVN/204 DATED 25.6.2016 ISSUED BY 2ND RESPONDENT.
EXHIBIT P3	A TRUE COPY OF REPRESENTATION DATED 9.7.2018 SUBMITTED BY THE 2ND PETITIONER TO THE 2ND RESPONDENT.
EXHIBIT P4	A TRUE COPY OF REPRESENTATION DATED 23.10.2018 SUBMITTED BY THE 1ST PETITIONER TO THE 2ND RESPONDENT.
EXHIBIT P5	A TRUE COPY OF LETTER NO.F2/009- 464/RTI-H.O-HANTEX/2017 DATED 19.6.2018.

K.Sivankutty v. the State of Kerala

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K.Sivankutty v. the State of Kerala

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