Disposed

G.Sreekumar, v. State of Kerala

Kerala HC15 Nov 2021WP(C)/5407/2021

Case brief

AI extract

What is this about?

Petitioners, retired employees of the Kerala State Sports Council, challenged delay in releasing pensionary benefits due to lack of funds. The court directed the State to treat the additional funds proposal as a final request and dispose of it within three months. Petitioners reserved the right to challenge the outcome.

What did the court decide?

Directed the First Respondent (State of Kerala) to pass orders on the additional funds proposal within three months after hearing the parties, deeming the submission as a final proposal.

G.Sreekumar, 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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MONDAY, THE 15^TH DAY OF NOVEMBER 2021 / 24TH KARTHIKA, 1943 WP(C) NO. 5407 OF 2021

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PETITIONERS:

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1 G.SREEKUMAR, AGED 57 YEARS S/O.K. GANGADHARAN, TECHNICAL OFFICER (RETIRED), KERALA STATE SPORTS COUNCIL, THIRUVANANTHAPURAM 695 001. RESIDING AT PARAYATTUKONATHU VEEDU, PIRAPPANCODE P.O. THIRUVANANTHAPURAM 695 607.

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2 AJITH KUMAR P.K., AGED 57 YEARS S/O.K.P. KARUNAKARAN, TECHNICAL OFFICER (RETIRED), KERALA STATE SPORTS COUNCIL, THIRUVANANTHAPURAM 695 001. RESIDING AT CHELLAM HOUSE TC 27/1183, PATTOOR, THIRUVANANTHAPURAM 695 035.

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3 K.I. GOPALAKRISHNA PILLAI, AGED 57 YEARS S/O. G. KUNJURAMAN PILLAI, ATHLETICS COACH (RETIRED), TECHNICAL OFFICER (RETIRED), KERALA STATE SPORTS COUNCIL, THIRUVANANTHAPURAM 695 001. RESIDING AT SREEREKHA, JEEVAN NAGAR, POTTAKUZHY PATTOM P.O. THIRUVANANTHAPURAM 695 004.

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4 M.L. NARENDRAN, AGED 58 YEARS S/O. G. MANOMOHAN NAIR, BADMINTON COACH (RETIRED), KERALA STATE SPORTS COUNCIL, THIRUVANANTHAPURAM 695 001. RESIDING AT T.C.1 5/1807, ACHUTHAM, NARENDRA COURTS, VAZHUTHACAUD, THIRUVANANTHAPURAM 695 014.

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WPC NO.5407 OF 2021

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5 K.A. SREEKUMAR, AGED 57 YEARS S/O. G. KRISHNAN NAIR, DISTRICT SPORTS OFFICER, (RETIRED), KERALA STATE SPORTS COUNCIL, THIRUVANANTHAPURAM 695 001. RESIDING AT KRISHNA SREE, SRA 127, PALAKKADAVU ROAD, NEYYATTINKARA, THIRUVANANTHAPURAM 695 121.

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6 J.C. MADHUKUMAR, AGED 57 YEARS S/O. Y. JAMES, DISTRICT SPORTS OFFICER (RETIRED), KERALA STATE SPORTS COUNCIL, THIRUVANANTHAPURAM 695 001. RESIDING AT T.G. BHAVAN, KRA 186, J.P. LANE NEMOM P.O. THIRUVANANTHAPURAM 695 020.

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7 P. MADHAVA DAS, AGED 57 YEARS S/O. M.V. MADHAVA WARRIER (LATE), DISTRICT SPORTS OFFICER, (SWIMMING COACH), (RETIRED), KERALA STATE SPORTS COUNCIL, THIRUVANANTHAPURAM 695 001. RESIDING AT SREE VIHAR, KARIYOTE GRAMAM, PERINKULAM P.O. ALATHUR, PALAKKAD 678 542.

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8 A. JANARDHANAN, S/O.C. APPU, DISTRICT SPORTS OFFICER, (SWIMMING COACH), (RETIRED), KERALA STATE SPORTS COUNCIL, THIRUVANANTHAPURAM 695 001. RESIDING AT DEVI KRIPA, HARITHA NAGAR, KUNISSERY P.O. PALAKKAD 678 681.

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BY ADVS. KALEESWARAM RAJ SRI.VARUN C.VIJAY KUM.A.ARUNA KUM.THULASI K. RAJ SMT.MAITREYI SACHIDANANDA HEGDE

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT,

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WPC NO.5407 OF 2021

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DEPARTMENT OF SPORTS AND YOUTH AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM 695 001.

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2 KERALA STATE SPORTS COUNCIL, REPRESENTED BY THE PRESIDENT, KERALA STATE SPORTS COUNCIL, STATUTE, THIRUVANANTHAPURAM 695 001.

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3 SECRETARY, KERALA STATE SPORTS COUNCIL, STATUTE, THIRUVANANTHAPURAM 695 001.

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BY ADVS. SRI. V VENUGOPAL, GP SMT. LATHA ANAND, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC NO.5407 OF 2021

JUDGMENT

Dated this the 15^th day of November, 2021

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The petitioners are the retired employees of

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the second respondent-Kerala State Sports Council. By Ext.P1 order, all the petitioners were issued with orders revising their pay on pensionary benefits with effect from 01.07.2014. After their retirement, orders were issued sanctioning the pensionary benefits. However, they have not received the amounts sanctioned to them under the heads DCRG, Commutation of Pension, Leave Surrender and Terminal Benefits and Pay revision arrears at

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the revised rate. The third respondent had submitted Ext.P4 request before the first respondent, to release additional funds for disbursing the pensionary benefits to the petitioners. Ext.P4 is still pending consideration

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before the first respondent. Pending Ext.P4, second respondent also submitted Annexure R2(g) to the

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WPC NO.5407 OF 2021

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first respondent to release additional funds. The petitioners approached this court seeking for a direction to the first respondent to consider Annexure R2(g).

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After hearing the learned Counsel for the petitioners and the learned Counsel for the third respondent, I feel that in the interest of justice the first respondent can be directed to pass appropriate

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orders on Annexure R2(g) dated 28.06.2021 deeming it to be a proposal. The first respondent shall pass final orders on it, as expeditiously as possible, at any rate, within a period of three months, from the date of receipt of a copy of this judgment, after giving a reasonable opportunity of being heard to representative of the petitioners and the third respondent.

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It is made clear that the petitioners will be

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free to challenge the outcome, if it is adverse to them. The petitioners, as an abundant caution,

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WPC NO.5407 OF 2021

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shall place a copy of Annexure R2(g) along with a copy of the judgment before the first respondent in advance. The disposal of this writ petition will not stand in the way of the petitioner raising all the contentions in this proceeding in any other proceeding.

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The writ petition is disposed of accordingly.

Sd/-

SUNIL THOMAS

JUDGE

SKP/15-11

WPC NO.5407 OF 2021

APPENDIX OF WP(C) 5407/2021

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PETITIONERS' EXHIBITS:

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EXHIBIT P1 TRUE COPY OF G.O.(MS) NO.6/2019/SYA DATED 22.06.2019. EXHIBIT P2 TRUE COPY OF THE STATEMENT OF FIXATION OF PAY IN THE REVISED SCALE W.E.F. 01.07.2014, PERTAINING TO THE 1ST PETITIONER. EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS NO. K.S.S.C/F2/2222/2019 DATED 30.12.2019 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P4 TRUE COPY OF THE LETTER NO. KSSC/A1/2137/2020 DATED 05.08.2020 ISSUED BY THE 3RD RESPONDENT.

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RESPONDENTS' ANNNEXURES:

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ANNNEXURE	R2(A) TRUE COPY ISSUED BY	OF THE	THE 1ST	LETTER DATED 08.01.2021 RESPONDENT.
ANNNEXURE	R2(B) TRUE COPY NO.KSSC/A2	OF /82	THE 29/2	LETTER 021 DATED 24.03.2021.
ANNNEXURE	R2(C) TRUE COPY ISSUED BY	OF THE	THE 1ST	LETTER DATED 29.03.2021 RESPONDENT.
ANNNEXURE	R2(D) TRUE COPY 29.04.2021	OF BY	THE THE	PROPOSAL DATED KERALA SPORTS COUNCIL.
ANNNEXURE	R2(E) TRUE COPY 25.05.2021	OF .	THE	LETTER DATED
ANNNEXURE	R2(F) TRUE COPY ISSUED BY	OF THE	THE 1ST	LETTER DATED 23.06.2021 RESPONDENT.
ANNNEXURE	R2(G) TRUE COPY ISSUED BY RESPONDENT	OF THE .	THE 2N	LETTER DATED 28.06.2021 D RESPONDENT TO THE 1ST

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TRUE COPY P.A.TO JUDGE

G.Sreekumar, v. State of Kerala

Case brief

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G.Sreekumar, v. State of Kerala

Case brief

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