Dismissed

Kochi Municipal Corporation v. State of Kerala

Kerala HC12 Oct 2021OP(KAT)/246/2021

Case brief

AI extract

What is this about?

The High Court of Kerala entertained an original petition filed by the Kochi Municipal Corporation seeking to set aside an interim Tribunal order mandating pension disbursement. The court dismissed the petition after finding the petitioner had secured extended time to comply via a subsequent Tribunal order.

What did the court decide?

No interference with the Tribunal order; original petition dismissed due to secured compliance timeline.

Kochi Municipal Corporation Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2021)

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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 ALEXANDER THOMAS

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THE HONOURABLE MR.JUSTICE VIJU ABRAHAM

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TUESDAY, THE 12^TH DAY OF OCTOBER 2021 / 20TH ASWINA, 1943

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OP(KAT) NO. 246 OF 2021

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AGAINST THE ORDER DATED 17.08.2021 IN OA (EKM) NO.1116/2021 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM

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(ADDITIONAL BENCH, ERNAKULAM)

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PETITIONER/3RD RESPONDENT:

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KOCHI MUNICIPAL CORPORATION REPRESENTED BY ITS SECRETARY, CORPORATION OFFICE, P.B.NO.1016, ERNAKULAM, COCHIN, PIN-682011.

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BY ADV K.B.ARUNKUMAR

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RESPONDENTS/RESPONDENTS 1, 2 AND 4 AND APPLICANT:

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1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

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2 THE DIRECTOR (URBAN AFFAIRS) DIRECTORATE OF URBAN AFFAIRS, NANTHANCODE, KOWDIAR(P.O), THIRUVANANTHAPURAM, PIN-695 003.

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O.P.(KAT) No.246 of 2021

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3 THE SECRETARY MUVATTUPUZHA MUNICIPALITY, MARKET BUS STAND, KOCHANGADI ROAD, MUVATTUPUZHA, ERNAKULAM, PIN-686 673. 4 R.MINIMOL,AGED 57 YEARS W/O BOBAN, SREEVALSOM KUNDETTIL HOUSE, RAILWAY STATION ROAD, THRIPUNITHURA, COCHIN, PIN-682 301. R1 TO R3 BY SENIOR GOVT. PLEADER SRI.B.UNNIKRISHNA KAIMAL, SR.GOVT.PLEADER, R4 BY ADV.SRI.ELVIN PETER P.J.

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THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 12.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(KAT) No.246 of 2021

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ALEXANDER THOMAS & VIJU ABRAHAM, JJ.

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................................................................. O.P.(KAT) No.246 of 2021

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[Arising out of the impugned interim order dated 17.08.2021 in O.A.(EKM) No.1116 of 2019 on the file of the KAT, EKM Bench]

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................................................................. Dated this the 12^th day of October, 2021

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JUDGMENT

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Alexander Thomas, J.

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In the instant case the Tribunal after hearing both sides has rendered the impugned Ext.P1 interim order dated 17.08.2021 in the instant O.A (EKM) No.1116 of 2021 filed by the 4^th respondent herein ordering that the 3^rd respondent in the O.A/petitioner herein shall disburse the pensionary amounts due to the applicant within one month from the date of that order, ie., on or before 16.09.2021. Being aggrieved by the said Ext.P1 interim order, 3^rd respondent in the O.A [Kochi Municipal Corporation] has preferred the instant original petition under Articles 226 & 227 of the Constitution of India with the following prayers [see page Nos.8 and 9 of the paper book of the O.P] :

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O.P.(KAT) No.246 of 2021

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“(i) Set aside Exhibit P-1 order dated 17.08.2021 in O.A. (EKM) No.1116/2021 on the file of Kerala Administrative Tribunal (Additional Bench at Ernakulam)

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(ii) Direct the 2^nd respondent to disburse the fund to the petitioner herein for disbursing the pensionary benefits to the 4^th respondent,

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and

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(iii) such other order or direction deems fit and proper for this Hon'ble Court in facts and circumstances of the case.”

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Heard Shri K.B.Arunkumar, learned Standing Counsel

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for the Kochi Municipal Corporation – petitioner in the instant O.P/3^rd respondent in the O.A, Shri B.Unnikrishna Kaimal, learned Senior Government Pleader appearing for respondents 1 to 3 in the O.P/respondents 1, 2 and 4 in the O.A and Shri P.J. Elvin Peter, learned counsel appearing for the 4^th respondent in the O.P/sole original applicant in the O.A.

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When the above O.P had come up for admission before this Court on 14.09.2021, the main submission made on behalf of the petitioner in the O.P was that the 2^nd respondent herein [Director (Urban Affairs)] is not co-operating with the petitioner - Municipal Corporation and not providing funds for disbursal of retiral benefits. Thereupon, the learned Senior Government

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O.P.(KAT) No.246 of 2021

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Pleader appearing for respondents 1 and 2 in the O.P [State of Kerala and Director (Urban Affairs)] had submitted on the basis of instruction, that the petitioner [Kochi Municipal Corporation] has already been instructed to disburse the retiral benefits of the 4^th respondent in the O.P [original applicant] from the general funds. Hence, taking note of the submissions made by both sides, this Court had passed an interim order dated 14.09.2021 directing that no stay can be granted in this case in view of the above said statement made on behalf of respondents 1 and 2 in the O.P.

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Today when the matter came up for consideration, Shri K.B.Arunkumar, the learned counsel appearing for the petitioner in the O.P/3^rd respondent in the O.A submitted on the basis of instruction, that after rendering of Ext.P1 interim order dated 17.08.2021 the Tribunal has thereafter passed an interim order dated 24.09.2021 granting time to the petitioner in the O.P. upto 17.11.2021 to disburse the amounts due to the original applicant. In view of the earlier submission made on behalf of respondents 1 and 2 in the O.P., we do not find any ground to interfere with this case. Moreover, we are now apprised by none other than the petitioner in the O.P. that they have already secured extended time upto 17.11.2021 as ordered by the Tribunal

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O.P.(KAT) No.246 of 2021

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for compliance of the impugned interim order. Hence, no ground for interfering with this case.

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With these observations and directions, the above

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Original Petition will stand dismissed.

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Sd/-

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ALEXANDER THOMAS JUDGE

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Sd/-

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VIJU ABRAHAM JUDGE

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cks

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O.P.(KAT) No.246 of 2021

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APPENDIX OF OP(KAT) 246/2021

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE ORDER DATED 17/08/2021 IN O.A.(EKM) NO.1116/2021 ON THE FILE OF KERALA ADMINISTRATIVE TRIBUNAL (ADDITIONAL BENCH AT ERNAKULAM).
Exhibit P2	TRUE COPY OF THE ORIGINAL APPLICATION (EKM) NO.1116/2021 FILED BY THE 4TH RESPONDENT BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL (ADDITIONAL BENCH AT ERNAKULAM).
Annexure A1	TRUE COPY OF THE ORDER NO.P2/17496/2020 DATED 22.12.2020 ISSUED BY THE 2ND RESPONDENT.
Annexure A2	TRUE COPY OF THE ORDER NO.M.O.A.5- 240/2021 DATED 05.01.2021 ISSUED BY THE 3RD RESPONDENT.
Annexure A3	TRUE COPY OF THE REPRESENTATION DATED 29.06.2020 SUBMITTED BY THE APPLICANT BEFORE THE 3RD RESPONDENT.
Exhibit P3	THE TRUE COPY OF THE STATEMENT FILED BY THE PETITIONER.
Exhibit P4	THE TRUE COPY OF THE COMMUNICATION DATED 07.06.2021 SUBMITTED BY THE PETITIONER HEREIN BEFORE THE 2ND RESPONDENT HEREIN.
RESPONDENTS' EX	HIBITS NIL

Kochi Municipal Corporation v. State of Kerala

Case brief

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Kochi Municipal Corporation v. State of Kerala

Case brief

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