Disposed

Radhakrishnan P.K. v. State of Kerala

Kerala HC20 Oct 2021WP(C)/22251/2021

Case brief

AI extract

What is this about?

Retired operators of Kerala Water Authority filed a writ petition seeking to have their pre-1980 casual labour service reckoned for pension purposes. The High Court directed the respondent authorities to consider their pending representations on merits. The petition was disposed of after this direction.

What did the court decide?

Directed the first respondent, State of Kerala, to consider and dispose of the pending representations (Ext.P6, Ext.P7) on merits within three months from the date of the judgment.

Radhakrishnan P.K. 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 SUNIL THOMAS

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WEDNESDAY, THE 20^TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943 WP(C) NO. 22251 OF 2021

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PETITIONERS:

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1 RADHAKRISHNAN P.K. AGED 62 YEARS S/O. KUMARAN, RETD.OPERATOR, HIGHER GRADE, P.H.SECTION, KERALA WATER AUTHORITY (K.W.A.), OTTAPALAM SUB DIVISION, PALAKKAD-679 101, RESIDING AT PARAKKAT HOUSE, PURANATTUKARA P.O., THRISSUR-680 551 MOB: 9496292619

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2 SASIKUMAR.M.S., AGED 60 YEARS S/O. M.K.SIVARAMAN, RETD., OPERATOR HIGHER GRADE, WATER SUPPLY AUGUMENTION SECTION, KERALA WATER AUTHORITY, PALAKKAD, RESIDING AT MANIYANKKAD, 3RD STREET, KOPPAM, PALAKKAD-678 001 MOB: 94964374437

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BY ADV U.BALAGANGADHARAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY, WATER RESOURCES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001

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2 THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALA BHAVAN, THIRUVANANTHAPURAM-695 001

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3 THE CHIEF ENGINEER, NORTHERN REGION, KERALA WATER AUTHORITY, MALAPPARAMBU, KOZHIKKODE-673 009

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4 THE FINANCE MANAGER & CHIEF ACCOUNTS OFFICER, KERALA WATER AUTHORITY, JALA BHAVAN,

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WP(C) NO. 22251 OF 2021

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THIRUVANANTHAPURAM-695 001

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5 THE SUPERINTENDING ENGINEER, P.H.CIRCLE, KERALA WATER AUTHORITY, PALAKKAD-673 009

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6 THE EXECUTIVE ENGINEER, PUBLIC HEALTH DIVISION, KERALA WATER AUTHORITY, PALAKKAD-678 007

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BY ADVS. SRI. V.VENUGOPAL,GP SRI. P.BENJAMIN PAUL, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 22251 OF 2021

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JUDGMENT

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Dated this the 20^th day of October, 2021

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The petitioners are employed by Kerala Water Authority, as operators. The grievance of the petitioners is that though they had worked prior to 1980 as casual labourers, their initial casual labour service is not reckoned for the purpose of granting pension. Identical departments have permitted to reckon it, as evident from Ext.P5, is the contention of the petitioners. It is seen that the petitioners have submitted Ext.P6 and Ext.P7 representations before the first respondent, which are still pending consideration.

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After hearing the learned Counsel for the petitioner, the learned Government Pleader and the learned Standing Counsel for the Kerala Water Authority, I am inclined to dispose of the Writ Petition at the threshold, by directing the first respondent to take up, consider and dispose of on merits Ext.P6 and

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WP(C) NO. 22251 OF 2021

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Ext.P7 representations, as expeditiously as possible,

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at any rate, within a period of three months from the

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date of receipt of a copy of this judgment.

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The Writ Petition is disposed of as above.

Sd/-

SUNIL THOMAS

JUDGE

SKP/20-10

WP(C) NO. 22251 OF 2021

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APPENDIX OF WP(C) 22251/2021

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PETITIONERS' EXHIBITS:

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EXHIBIT P1	A TRUE COPY OF CASUAL LABOUR SERVICE CERTIFICATE OF THE FIRST PETITIONER ISSUED BY THE ASSISTANT ENGINEER, KWA, OTTAPALAM
EXHIBIT P2	A TRUE COPY OF CASUAL LABOUR SERVICE CERTIFICATE OF THE SECOND PETITIONER ISSUED BY THE ASSISTANT ENGINEER, KWA, PALAKKAD
EXHIBIT P3	A TRUE COPY OF GOVT.ORDER (G.O.) (RT) NO.279/2006/WRD DATED 1.3.2006
EXHIBIT P4	A TRUE COPY OF GOVT. ORDER G.O. (P) 17/99/IRD DATED 18.3.1999
EXHIBIT P5	A TRUE COPY OF GOVT. ORDER G.O. (RT) 588/2019/WRD DATED 17.8.2019
EXHIBIT P6	A TRUE COPY OF THE REPRESENTATION DATED 28.9.2021 SUBMITTED BY THE FIRST PETITIONER TO THE FIRST RESPONDENT
EXHIBIT P7	A TRUE COPY OF THE REPRESENTATION DATED 6.9.2021 SUBMITTED BY THE SECOND PETITIONER TO THE FIRST RESPONDENT

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RESPONDENTS' EXHIBITS: NIL

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TRUE COPY

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P.A.TO JUDGE

Radhakrishnan P.K. v. State of Kerala

Case brief

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Radhakrishnan P.K. v. State of Kerala

Case brief

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