Disposed

K.S Mohanan Nair v. Kerala State Handloom Weavers Co-Operative Society Limited

Kerala HC7 Jan 2021WP(C)/27620/2018

Case brief

AI extract

What is this about?

Retired employees of a handloom co-operative society challenged non-grant of pay fixation and pension arrears. The high court directed respondents to consider a fresh representation within one month and decide within three months considering financial status.

What did the court decide?

Directed respondents to file a representation within one month and decide the claims within three months considering financial status.

K.S Mohanan Nair Vs Kerala State Handloom… — 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 BECHU KURIAN THOMAS

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THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942 WP(C).No.27620 OF 2018(B)

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PETITIONER/S:

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1 K.S MOHANAN NAIR ERAVILA PUTHENVEEDU, PERIKAVU P.O., PEYAD, THIRUVANANTHAPURAM 695003

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2 G.SASIDHARAN REVATHY MANDIRAM, KIDARAKUZHY, VENGANOOR P.O., THIRUVANANTHAPUAM - 695 523.

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3 SREEDHARAN NAIR.V. MAZHAVANCHERY, KONATHU VEEDU, MUTTADA P.O., THIRUVANANTHAPURAM - 695 025.

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4 SULAIKHA BEEVI.S. HARSHAD MANZIL, ALUMMOODU, P.O.MANDALAM, KOCHALUMMOODU, KOLLAM DISTRICT.

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5 SHYLAJADEVI TC 16/1289, AVITTOM, KURKU VILAKHAM ROAD, KANNETTUMUKKU, JAGATHY, THIRUVANANTHAPURAM.

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6 RADHAMONY.G. VRINDAVANAM, KAIRALI NAGAR, C.121/1, THIRUMALA P.O., THIRUVANANTHAPURAM.

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7 S.SUGANDHY UTHRADOM, MANAPPUAM, PEYATTUVILA P.O., BALARAMAURAM, THIRUVANANTHAPUAM.

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8 K.B.SUMAM

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NEWTONE GANDHIPURAM,

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WP(C).No.27620 OF 2018(B)

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SREEKARIYAM P.O., THIRUVANANTHAPURAM - 695 017.

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9 S.THULASEEDHARAN ANJU BHAVAN, VELIYEM, KOTARAKKARA, KOLLAM DISTRICT - 691 540. 10 C.MOHANAN PATTIYARAMTHUNDUVILA, NEDUMGULAM P.O., SOUTH PERAVOOR, KOLLAM.

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11 K.S.SURENDRAN NAIR T.C.18/1110/(1), THAJUS, TOGUR ROAD, THRIKKANNAPURAM, ARAMADA P.O., THIRUVANANTHAPURAM - 695 032. 12 MURALIDHARAN UNNITHAN DIVYM VADAKAVILA, BALARAMAPURAM, THIRUVANANTHAPURAM - 695 501.

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13 K.JAYADEVI THANKACHI UTHRUTTATHIL, VAEDYASALA, NAGAR - 9, ASRAMAM P.O., KOLLAM - 691 002.

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14 B.K.SUJATHA POOMUGATHU THAZHUTHALA, KOTTIYAM P.O., KOLLAM - 691 571.

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15 R.REMAMANI VALIYAZHIKOM, VAIDYASALA, NAGAR - 473, ASRAMAM P.O., KOLLAM - 691 002.

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16 K.C.PRASANNAKUMAR KESAVA VILASOM, THAZHAM, CHATHANNOOR.P.O., KOLLAM - 691 572.

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WP(C).No.27620 OF 2018(B)

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17 N.RAJENDRAN LIJIN NIVAS, KAITHAKKUZHI, VELICHIKKALA P.O., KOLLAM - 691 573. 18 SANKARANAN.T.M. KUNIYIAL, SANGEETHIKA, KOLARCD STREET, CHOMPALA POST, VATAKARA - 673 308, KOZHIKODE DISTRICT. 19 K.REGHUNATHAN REVATHI, ATHIYANNOOR, ARALUMMOODU P.O., NEYYATTINKARA, THIRUVANANTHAPURAM - 695 123. 20 VILASINI.K. TC 14/649(1), DIYA, NEW TC 27/1363-NARA-203, ABSERVATORY LINE, VIKASBHAVAN P.O., THIRUVANANTHAPURAM - 695 033. 21 N.K.BASKARAN ANCHUKUDI HOUSE, TIKKODI P.O., KOZHIKODE - 673 529. 22 L.SYLET SREELEKSHMI, MUKKOLA, KOTTAPPURAM P.O., THIRUVANANTHAPURAM - 695 521. 23 S.SURENDRAN SHAILA NIVAS, TC 7/1960, SREECHITHRA NAGAR, PANGOU, THIRUMALA P.O., THIRUVANANTHAPUAM - 695 006. 24 T.VALSARAJ PUTHANPURAYIL HOUSE, MANIYOOR P.O., (VIA) PAYYOLI, VATAKARA, KOZHIKODE DISTRICT - 673 523.

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WP(C).No.27620 OF 2018(B)

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BY ADVS. SHRI.SASTHAMANGALAM S. AJITHKUMAR SHYAM S. KARNIS N.K. KIRAN PETER KURIAKOSE VINAYKUMAR VARMA

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RESPONDENT/S:

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1 KERALA STATE HANDLOOM WEAVERS CO-OPERATIVE SOCIETY LIMITED REPRESENTED BY ITS MANAGING DIRECTOR, P.B.NO.64, THIRUVANANTHAPURAM. 695001

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2 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO INDUSTRIES(C) DEPARTMENT, SECRETARIT, THIRUVANANTHAPUAM

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3 REIONAL PROVIDENT FUND COMMISSIONER REGIONAL OFFICE, BHAVISHYANIDHI BHAVAN, PATTOM P.O., P.B.NO.1016, THIRUVANANTHAPURAM - 695 004.

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R1 BY ADV. N.REGHURAJ STANDING COUNSEL R2 BY GOVERNMENT PLEADER R3 BY ADV. SRI.N.N.SUGUNAPALAN (SR.) R3 BY SRI.S.SUJIN, SC, EPFO

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SC S SUJIN., SC N REGHURAJ., GP P. HARISH KUMAR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.27620 OF 2018(B)

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JUDGMENT

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Dated this the 7th day of January 2021

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Petitioners, 24 in number, are former employees of the 1^st respondent. All are retired persons who attained superannuation on various dates after 01.07.2004. The issue raised relate to the fixation of pay for grant of pension apart from arrears of salary consequent to the above referred pay refixation.

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It is pointed out that though the 1^st petitioner had

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filed Ext.P7 representation, only an evasive reply was given by Ext.P8, stating that due to the financial difficulty faced by the

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1^st respondent, the application will be considered only at a later stage when the financial condition improves.

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The petitioner has produced Ext.P10 which is an

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WP(C).No.27620 OF 2018(B)

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order dated 09.10.2019 issued by the 1^st respondent pursuant to a direction in the writ p etition. According to the learned counsel for the petitioner, Ext.P10 relates to similarly situated persons to whom the benefits, similar to those claimed by petitioners, were granted. Since petitioners have been selectively discriminated upon, denial of benefits under Ext.P1 is stated to be arbitrary. Petitioners pray that identical benefits, as granted in Ext.P10, ought to be granted to them also.

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Ext.P1 pay revision order was accepted as evident from Exts.P2 and P3. It is a decision taken by the 1^st respondent itself. Certainly, when a decision has been taken by the 1^st respondent, it is binding and they are bound to abide by it, so contends the counsel for petitioner. As per Ext.P1, pay revision to the employees of the 1^st respondent w.e.f 01.07.2004 was ordered subject to a condition. It is alleged that inspite of repeated demands, the benefits under Ext.P1 has not been

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WP(C).No.27620 OF 2018(B)

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granted to petitioner. According to the petitioners, though promises have been made to them, actual benefits due to them under Ext.P1 have not been received.

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The learned Standing Counsel Adv.N.Reghuraj pointed out that the financial condition of the 1^st respondent is pityfull, that, even regular salary to its employees were not able to be given, and he urged this Court that taking into consideration, the woeful financial condition of the 1^st respondent, the directions sought for by the petitioners ought not be granted. He also pointed out that till date, petitioners have not even filed a proper representation.

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Taking note of the aforesaid submissions, made across the Bar, I direct the petitioners to file a proper representation within one month from the date of receipt of a copy of this judgment, before the 1^st respondent, projecting their grievances and their claims. If such a representation is filed, the 1^st respondent shall take a decision in accordance with law,

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WP(C).No.27620 OF 2018(B)

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taking into reckoning Exts.P1, P2, P3 and P10 produced in this writ petition. Such a decision shall be taken within three months from the date of receipt of a copy of the representation as mentioned above.

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The writ petition is disposed of accordingly.

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Sd/-

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BECHU KURIAN THOMAS

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JUDGE

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WP(C).No.27620 OF 2018(B)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT BEARING NO.G.O.(MS) NO.41/2016/ID DATED 29/2/2016. EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 25/6/2016. EXHIBIT P3 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 30/10/2017. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT DT.25/6/2017. EXHIBIT P5 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DT.3/8/2017 IN W.P.(C) NO.24027/2017. EXHIBIT P6 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 3/2/2018. EXHIBIT P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT DT.2/5/2018. EXHIBIT P8 TRUE COPY OF THE REPLY TO EXT.P7 DT.30/6/2018 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P9 TRUE COPY OF THE INFORMATION ISSUED BY THE 1ST RESPONDEENT UNDER R.T.I.ACT DATED 21/7/2018. EXHIBIT P10 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 09/10/2019.

K.S Mohanan Nair v. Kerala State Handloom Weavers Co-Operative Society Limited

Case brief

What is this about?

What did the court decide?

K.S Mohanan Nair v. Kerala State Handloom Weavers Co-Operative Society Limited

Case brief

What is this about?

What did the court decide?

What the court decided

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