Partly allowed

Narayanan C. v. the Executive Committee of Kerala Agricultural University

Kerala HC13 Jan 2021WP(C)/419/2021

Case brief

AI extract

What is this about?

Writ petition by retired casual workers of Kerala Agricultural and Veterinary Universities seeking to count earlier service rendered since 1997 for pension calculation. Court directed designation of facts regarding service details to fourth respondent for proper consideration within three months.

What did the court decide?

Directions to fourth respondent to consider representation after receiving service details from second respondent within three months.

Narayanan C. Vs the Executive Committee of… — Pension and Retirement Benefits | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶4

WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942

¶5

WP(C).No.419 OF 2021(B)

¶6

PETITIONERS:

¶7

1 NARAYANAN C. AGED 58 YEARS

¶8

S/O. CHAMI, CHAKKOTTIL HOUSE, BHEEMANAD P.O., PALAKKAD, RETIRED FROM SERVICE ON 31/05/2020.

¶9

2 RAMANI M.B.

¶10

D/O. BASKARAN, MUTHUKATTIL HOUSE, THIRUVIZHAMKUNNU P.O., PALAKKAD, RETIRED FROM SERVICE ON 31/01/2020.

¶11

3 MOOSA K.

¶12

S/O. HYDROS, KONJATH HOUSE, THIRUVIZHAMKUNNU P.O., PALAKKAD, RETIRED FROM SERVICE ON 31/05/2018.

¶13

4 T. UMMUSALMA D/O. MUHAMMAD, THAYYIL HOUSE, THIRUVIZHAMKUNNU P.O., PALAKKAD, RETIRED FROM SERVICE ON 31/01/2019.

¶14

5 SURESHKUMAR C.B.

¶15

S/O. BHASKARA NAIR, KRISHNAVIHAR, THIRUVIZHAMKUNNU P.O., PALAKKAD, RETIRED FROM SERVICE ON 31/03/2020.

¶16

6 NARAYAN KUTTY K.

¶17

S/O. RAMANKUTTY EZHUTHASSAN, KUNDUPALLIYIL HOUSE, KACHERIPARAMBU P.O., PALAKKAD, RETIRED FROM SERVICE ON 31/05/2020.

¶18

7 KUNJAYMU V. S/O. MOEDEEN, VALAPPIL HOUSE, THIRUVIZHAMKUNNU P.O., PALAKKAD, RETIRED FROM SERVICE ON 30/04/2020.

¶19

8 SAROJINI M. D/O. RAVUNNI, MURIYAKKANNI HOUSE, THIRUVIZHAMKUNNU P.O., PALAKKAD, RETIRED FROM SERVICE ON 28/02/2019.

¶20

9 KRISHNAKUMAR

¶21

S/O. KRISHNAN, CHELANCHERY HOUSE, THIRUVIZHAMKUNNU P.O., PALAKKAD, RETIRED FROM SERVICE ON 31/08/2019.

¶22

10 K. BHASKARAN S/O. VELU, KOTTARATHIL HOUSE, THIRUVIZHAMKUNNU P.O., PALAKKAD, RETIRED FROM SERVICE ON 31/05/2017.

¶23

WP(C).No.419 OF 2021

¶24

¶25

11 C.D. THILAKARAJ

¶26

S/O. DIVAKARAN, CHAHIYIL HOUSE, THIRUVIZHAMKUNNU P.O., PALAKKAD, RETIRED FROM SERVICE ON 31/03/2015.

¶27

12 RAMANKUTTY N. S/O. KRISHNAN, NARAYANKOTTIL HOUSE, BHEEANAD P.O., PALAKKAD, RETIRED FROM SERVICE ON 31/05/2017.

¶28

13 RADHAKRISHNAN K.P. S/O. RAMANKUTTY EZHUTHASSAN, KUNDUPPALLIYAATHIL HOUSE, KACHERIPARAMBU P.O., PALAKKAD, RETIRED FROM SERVICE ON 31/05/2017.

¶29

14 T. KHALID

¶30

S/O. RAYU, TAYYIL HOUSE, THIRUVIZHAMKUNNU P.O., PALAKKAD, RETIRED FROM SERVICE ON 30/11/2012.

¶31

15 C. KRISHNANKUTTY S/O. RAMAKRISHNAN, CHOLAKKAL HOUSE, THIRUVIZHAMKUNNU P.O., PALAKKAD, RETIRED FROM SERVICE ON 31/05/2018.

¶32

16 K.V. VIJAYAKUMARAN S/O. NARAYANAN, KOTTIVEETIL HOUSE, THIRUVIZHAMKUNNU P.O., PALAKKAD, RETIRED FROM SERVICE ON 31/05/2013.

¶33

17 K. MUHAMMEDKUTTY S/O. MUHAMMAD, KUNIYARCHI, THIRUVIZHAMKUNNU P.O., PALAKKAD, RETIRED FROM SERVICE ON 30/04/2016.

¶34

18 K. MUHAMEDALI S/O. KUNJAMMU, KODAKKAN HOUSE, THIRUVIZHAMKUNNU P.O., PALAKKAD, RETIRED FROM SERVICE ON 31/04/2016.

¶35

19 RAMACHANDRAN M.

¶36

S/O. NARAYAN NAIR, MUNDATHIL HOUSE, EDANTHANAKOTTU KANE P.O., PALAKKAD, RETIRED FROM SERVICE ON 30/09/2017.

¶37

20 T. MUHAMMED BASHEER S/O. MIADEEN, THANIKODVAN HOUSE, THIRUVIZHAMKUNNU P.O., PALAKKAD, RETIRED FROM SERVICE ON 31/05/2018.

¶38

BY ADVS.

¶39

SRI.P.V.JAYACHANDRAN SRI.NIDHI BALACHANDRAN

¶40

WP(C).No.419 OF 2021

¶41

¶42

RESPONDENTS:

¶43

1 THE EXECUTIVE COMMITTEE OF KERALA AGRICULTURAL UNIVERSITY, REPRESENTED BY ITS VICE CHANCELLOR, VELLANIKKARA, MANNUTHY, TRISSUR - 680654

¶44

2 THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY, K A U POST, VELLANIKKARA, MANNUTHY, TRISSUR - 680654

¶45

3 THE BOARD OF MANAGEMENT, KERALA VETERINARY & ANIMAL SCIENCES UNIVERSITY, POOKOT, WYNAD, REPRESENTED BY ITS VICE CHANCELLOR, 673576

¶46

4 THE REGISTRAR, KERALA VETERINARY & ANIMAL SCIENCES UNIVERSITY, POOKOT, WYNAD 673576

¶47

SRI.ROBSON PAUL, SC, KAU SRI.T.K. SAJEEV FOR R3 AND R4

¶48

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶49

WP(C).No.419 OF 2021

¶50

¶51

JUDGMENT

¶52

This writ petition is filed seeking the following prayers:

¶53

“(a) Declare that petitioners are entitled to get reckon the previous uninterrupted continuous service from 1997 or from 24.11.1999 the date of Ext.P3 till the date of retirement for the purpose of calculating the pension benefits.

¶54

(ii) Issue a Writ of Mandamus or appropriate Writs directions or orders directing the 4^th respondent to reckon the service of the petitioners' from 1997 till the date of retirement for the purpose of calculating the retirement benefits revise the retirement benefits granted.”

¶55

Heard the learned counsel for the petitioners and the learned counsel for the respondents.

¶56

It is submitted by the learned counsel for the petitioners that the petitioners had been working as Casual Workers in 10 farms under the Kerala Agricultural University including the Live Stock Research Station at Thiruvizhamkunnu. It is submitted that the services of the petitioners had thereafter been transferred to the newly formed Kerala Veterinary and Animal Sciences University on bifurcation of the Kerala Agricultural University. It is submitted that seeking the benefit of counting of earlier casual service rendered by the

¶57

WP(C).No.419 OF 2021

¶58

¶59

petitioners, the petitioners have approached the respondents by Ext.P7 representation. However, no action has been taken thereon. It is further submitted by the learned counsel for the petitioners that the entire earlier service is liable to be counted on the basis of the decisions of the Apex Court as well as this Court.

¶60

The learned counsel appearing for respondents 1 and 2 would submit that the representation preferred by the petitioners is liable to be forwarded to the 4^th respondent for a proper consideration of the matter. It is stated that the details available with the 2^nd respondent with regard to the earlier engagement of the petitioners will also be forwarded to the 4^th respondent for a consideration of the issue. It is submitted that since the earlier engagement of the petitioners was in the year 1997, the available details can be forwarded by the 2^nd respondent.

¶61

In the above view of the matter, there will be a direction to the 4^th respondent to take up and consider Ext.P7 representation preferred by the petitioners in accordance with law. The details available with regard to the earlier service of the petitioners shall be forwarded by the 2^nd respondent to the 4^th respondent for a proper consideration.

¶62

WP(C).No.419 OF 2021

¶63

¶64

Appropriate orders shall be passed within a period of three months

¶65

from the date of receipt of a copy of this judgment.

¶66

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

WP(C).No.419 OF 2021

¶72

¶73

APPENDIX

¶74

PETITIONER'S/S EXHIBITS:

¶75

EXHIBIT P1	TRUE COPY OF ORDER NO. WPF/A4/45269/97/FAM DATED 06/12/97.
EXHIBIT P2	TRUE COPY OF PROCEEDING NO. GA/F2/23478/98 DATED 03/07/98.
EXHIBIT P3	TRUE COPY OF THE ORDER GO(MS) NO.326/99/AGRI. DATED 24/11/99.
EXHIBIT P4	TRUE COPY OF THE PROCEEDING NO. GA(F2)/43242/99 DATED 13/03/2000.
EXHIBIT P5	TRUE COPY OF THE PROCEEDINGS NO. GA/F2/25560/2008 DATED 25/09/2009.
EXHIBIT P6	TRUE COPY OF THE ORDER NO. L4-1024/2006 DATED 30/09/2009.
EXHIBIT P7	TRUE COPY OF THE REPRESENTATION DATED 18/12/2020.

¶76

RESPONDENT'S/S EXHIBITS: NIL

Narayanan C. v. the Executive Committee of Kerala Agricultural University

Case brief

What is this about?

What did the court decide?

Narayanan C. v. the Executive Committee of Kerala Agricultural University

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Judit J.Bivera Vs State of Kerala

Sindhu P., Vs State of Kerala

Dr. B .Gopakumar Vs State of Kerala

Sunil Dutt S. Vs State of Kerala

The Manager, Vs the State of Kerala

Raheema.P.v Vs the State of Kerala