Dismissed
The Secretary v. M v Varghese
Kerala HCOP(KAT)/23/2022
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from the order text
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COURT OF KERALA AT ERNAKULAM PRESENT THE…
What the court decided
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 4TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943
OP(KAT) NO. 23 OF 2022
AGAINST THE JUDGMENT DATED 19.11.2021 IN OA (EKM) NO.1388/2021 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/3RD RESPONDENT:
THE SECRETARY
PERUMBAVOOR MUNICIPALITY, PERUMBAVOOR-683542,
ERNAKULAM DISTRICT, KERALA., PIN - 683542
BY ADVS.
K.T.THOMAS
MATHEW BOB KURIAN
RESPONDENTS/APPLICANTS 1 TO 3/RESPONDENTS 1 & 2:
1M V VARGHESE, AGED 79 YEARS, MUNICIPAL SERVICE PENSIONER,
RTD. CHIEF ACCOUNTANT, S/O.M.M.VARKEY, MANNALIKUDY (H),
PERUMBAVOOR-683542, ERNAKULAM DISTRICT, KERALA.
2 P.K.MATHAI, 75 YEARS MUNICIPAL SERVICE PENSIONER, RTD. HEALTH SUPERVISOR, S/O, KURIAKOSE, PULLAKUDY (H) KOMBANADU.P.O, VENGOOR, PIN-683546, ERNAKULAM DISTRICT.3 T.P.VIDYADHARAN, 58 YEARS, MUNICIPAL SERVICE PENSIONER, RTD.P.A TO SECRETARY, S/O.PARAMESWARAN NAIR(LATE), THACHAPPILLI HOUSE, IRINGOLE P.O, PERUMBAVOOR-653548, ERNAKULAM DISTRICT, KERALA.4 STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT (ANNEX), THIRUVANANTHAPURAM-695001, KERALA,5 THE DIRECTOR OF URBAN AFFAIRS, DIRECTORATE OF URBAN AFFAIRS, SWARAJ BHAVAN, NANTHENCODE, KAVADIAR.P.O, THIRUVANANTHAPURAM-695 003, KERALA. BY ADVS. V.N.HARIDAS SAIFUDEEN T.S M.MANU SRI.B.UNNIKRISHNA KAIMAL, SR.GOVT.PLEADERTHIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION
ON 04.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(KAT) No.23 of 2022
2
ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
O.P.(KAT) No.23 of 2022
[arising out of order dated 19.11.2021 in O.A.(Ekm) No.1388/2021 on the file of the KAT, Ekm Bench]
Dated this the 04th day of March, 2022
JUDGMENT
Alexander Thomas, J.
Today, when the matter has been taken up for consideration, Sri.K.T. Thomas, learned counsel appearing for the petitioner in the original petition/3rd respondent in the original application would submit on the basis of instructions that subsequent to the interim order dated 27.01.2022, passed by this Court in this O.P., the State and the departmental authorities have made available sufficient funds for payment of arrears of dearness relief and pension revision arrears due to the original applicant and the amount has been duly disbursed to them. Thus, the directives in the impugned Ext.P3 interim order dated 19.11.2021, rendered by the Kerala Administrative Tribunal, Thiruvananthapuram Bench, in the instant O.A. (Ekm) No.1388/2021 to disburse the amount due to the applicant has already been complied with.
O.P.(KAT) No.23 of 2022
3
Recording the submissions of both sides, the above original petition will stand disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
VIJU ABRAHAM, JUDGE
Skk//08032022
APPENDIX OF OP(KAT) 23/2022
PETITIONER'S EXHIBITS:
EXHIBIT P1 |
TRUE COPY OF O.A.(EKM) NO.1388/2021 ALONG WITHANNEXURES. |
|---|---|
ANNEXURE-A1 |
COPY OF THE PENSION PAYMENT ORDER NO. 3255DATED6/2/1998 ISSUED TO 1ST APPLICANT BY THE 2NDRESPONDENT. |
Annexure A2 |
COPY OF THE PENSION PAYMENT ORDER NO. 4077 DATED4/5/2001 ISSUED TO THE 2ND APPLICANT BY THE 2NDRESPONDENT. |
Annexure A3 |
COPY OF THE PENSION PAYMENT ORDER NO. 8001 DATED20/7/2019 ISSUED TO 3RD APPLICANT BY THE 2NDRESPONDENT. |
Annexure A4 |
COPY OF THE LETTER NO.P-2/672/2021 DATED08/02/2021 ISSUED BY THE 2ND RESPONDENT.(REPLYFURNISHED AGAINST THE SUBMISSION FOR ALLOTTINGCENTRAL PENSION FUND) |
Annexure A5 |
RTI REPLY RECEIVED FROM PUBLIC INFORMATIONOFFICER, PERUMBAVOOR MMUNICIPALITY NO.A3-(RTA)11170/19 DATED 30/7/2021.(PENDING ARREARS OF DR &PENSION REVISION INSTALMENTS) |
Annexure A6 |
COPY OF THE GOVERNMENT ORDER GO(P) NO.44/2019DATED 04/04/2019 (DA & DR ORDER). |
Annexure A7 |
COPY OF THE GOVERNMENT ORDER (GO(P) 25/2021 DATED08/02/2021 DA & DR ORDER). |
Annexure A8 |
COPY OF THE GOVERNMENT ORDER NO. GO(P) NO.30/2021DATED 12/02/2021 (PENSION) REVISION ORDER 11 INPAY COMMISSION. |
EXHIBIT P2 |
TRUE COPY OF THE REPLY STATEMENT DATED 12/10/2021FILED BY PETITIONER.Q |
RESPONDENTS' ANNEXURES:-
Annexure R3(A) |
SCHEDULE SHOWING THE DATE OF DISBURSEMENT OF |
|---|---|
PENSION BY THE 3RD RESPONDENT FOR THE PERIOD OF |
|
APRIL, 2020 TO SEPTEMBER, 2021 PREPARED BY THE 3RDRESPONDENT. |
|
Annexure R3(B) |
COPY OF THE LETTER ISSUED FROM THE DIRECTORATE OF |
URBAN AFFAIRS NO. P7-13301/21(1) DATED 26/08/2021 |
|
TO THE 3RD RESPONDENT ALONG WITH THE STATEMENT OF |
|
MONEY TO BE ALLOWED TO THE MUNICIPAL PENSION FUND. |
PETITIONER'S EXHIBITS:-
EXHIBIT P3 |
TRUE COPY OF THE ORDER DATED 19/11/2021 IN OA |
|---|---|
(EKM) NO.1388/2021 OF KERALA ADMINISTRATIVE |
|
TRIBUNAL. |
THE SECRETARY PERUMBAVOOR MUNICIPALITY
1 M V VARGHESE
2 P K MATHAI
3 T P VIDYADHARAN
STATE OF KERALA
THE DIRECTOR OF URBAN AFFAIRS
ALEXANDER THOMAS
VIJU ABRAHAM
As recorded by the court registry
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