Disposed

K.a.Stephen v. the State of Kerala

Kerala HC11 Mar 2022WP(C)/11956/2020

Case brief

AI extract

What is this about?

Petitioners, farm labourers regularised under ADAK, sought equal benefits compared to government agriculture department employees. The Court directed the Secretary to take up a pending recommendation (Ext.P16) for final decision within three months after an opportunity of hearing.

What did the court decide?

Directing the 2nd respondent to consider the pending recommendation (Ext.P16) and pass orders within three months after affording a hearing to the petitioners.

K.a.Stephen Vs the State of Kerala — Pension and Retirement Benefits | Kerala HC (2022)

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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 V.G.ARUN

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FRIDAY, THE 11^TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943

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WP(C) NO. 11956 OF 2020

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PETITIONERS:

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1 K.A.STEPHEN AGED 50 YEARS S/O.OUSO, FARM LABOURER, MODEL SHRIMP FARM AND TRAINING CENTRE, POYYA, MALA, THRISSUR-680 733, RESIDING AT KALLARACKAL HOUSE, KRISHNANKOTTA, KRISHNANKOTTA P.O., THRISSUR-680 733.

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2 JOSEMON.V.A. AGED 51 YEARS S/O.OUSO, FARM LABOURER, MODEL SHRIMP FARM AND TRAINING CENTRE, POYYA, MALA, THRISSUR-680 733, RESIDING AT VELIKKAKATHOTTU HOUSE, KRISHNANKOTTA, KRISHNANKOTTA P.O., THRISSUR-680 733.

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3 DAVIS.C.D. AGED 47 YEARS

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S/O.DEVASSI, FARM LABOURER, MODEL SHRIMP FARM AND TRAINING CENTRE, POYYA, MALA, THRISSUR-680 733, RESIDING AT CHAKKALACKAL HOUSE, POYYA, POYYA P.O., THRISSUR-680 733. 4 SHEELAN.K.K. AGED 52 YEARS S/O.KUNJAPPAN, FARM LABOURER, MODEL SHRIMP FARM AND TRAINING CENTRE, POYYA, MALA, THRISSUR-680 733, RESIDING AT KARICHILAPARAMBIL HOUSE, KRISHNANKOTTA, KRISHNANKOTTA P.O., THRISSUR-680 733. 5 EARNEST WILLY.K.F. AGED 50 YEARS FARM LABOURER, MODEL SHRIMP FARM AND TRAINING CENTRE, POYYA, MALA, THRISSUR-680 733, RESIDING AT KURIAPPILLY HOUSE, MANALIKKAD, P.O.MADATHUMPADI, THRISSUR-680 733. 6 MURALI.O.R. AGED 53 YEARS S/O.RAGHAVAN, FARM LABOURER, MODEL SHRIMP FARM AND TRAINING CENTRE, POYYA, MALA, THRISSUR-680 733, RESIDING AT ORAVANTHURUTHY HOUSE, POYYA P.O., THRISSUR-680 733. 7 FRANCIS.C.A. AGED 47 YEARS S/O.APHREM, FARM LABOURER, MODEL SHRIMP FARM AND TRAINING CENTRE, POYYA, MALA, THRISSUR-680 733, RESIDING AT CHAKKALACKAL HOUSE, KRISHNANKOTTA, KRISHNANKOTTA P.O., THRISSUR-680 733. 8 SATHEESAN.K.S. AGED 50 YEARS FARM LABOURER, MODEL SHRIMP FARM AND TRAINING CENTRE, POYYA,

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WP(C) NO. 11956 OF 2020

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MALA, THRISSUR-680 733, RESIDING AT KATTUKARAN HOUSE, P.O.POYYA, THRISSUR-680 733.

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9 MARTIN.C.C. AGED 47 YEARS FARM LABOURER, MODEL SHRIMP FARM AND TRAINING CENTRE, POYYA, MALA, THRISSUR-680 733, RESIDING AT CHEMMACHERY HOUSE, POYYA P.O., THRISSUR-680 733.

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10 SHAJI.V.N. AGED 51 YEARS S/O.NARAYANAN, FARM LABOURER, MODEL SHRIMP FARM AND TRAINING CENTRE, POYYA, MALA, THRISSUR-680 733, RESIDING AT VADAKKEDATH HOUSE, POYYA, POYYA P.O., THRISSUR-680 733.

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11 SIJO.V.J. AGED 43 YEARS S/O.JOSE, FARM LABOURER, MODEL SHRIMP FARM AND TRAINING CENTRE, POYYA, MALA, THRISSUR-680 733, RESIDING AT VITHAYATHIL HOUSE, MURINGOOR, KORATTY P.O., THRISSUR-680 309.

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12 RAMESAN.A.D. AGED 54 YEARS S/O.DHUTHACHAN, FARM LABOURER, MODEL SHRIMP FARM AND TRAINING CENTRE, POYYA, MALA, THRISSUR-680 733, RESIDING AT ALINGAPARAMBIL HOUSE, POYYA P.O., THRISSUR-680 733.

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13 SEETHARAM.K.K. AGED 57 YEARS S/O.KRISHNANKUTTY, FARM LABOURER, MODEL SHRIMP FARM AND TRAINING CENTRE, POYYA, MALA, THRISSUR-680 733, RESIDING AT KANADI HOUSE, POYYA P.O., THRISSUR-680 733.

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14 THOMAS.K.T. AGED 55 YEARS S/O.THOMAN, FARM LABOURER, MODEL SHRIMP FARM AND TRAINING CENTRE, POYYA, MALA, THRISSUR-680 733, RESIDING AT KOLANCHERY HOUSE, POOPATHY P.O., MALA, THRISSUR-680 733.

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15 HARIHARAN.T.V. AGED 50 YEARS S/O.VELANDI, FARM LABOURER, MODEL SHRIMP FARM AND TRAINING CENTRE, POYYA, MALA, THRISSUR-680 733, RESIDING AT THANNIKKAL HOUSE, MADATHUMPADI P.O., THRISSUR-680 733.

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16 EPHREIM.A.K. AGED 55 YEARS S/O.KUNJUVAREED, FARM LABOURER, MODEL SHRIMP FARM AND TRAINING CENTRE, POYYA, MALA, THRISSUR-680 733, RESIDING AT AMBOOKKAN HOUSE, POYYA P.O., THRISSUR-680 733.

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17 ASOKAN.M.K. AGED 55 YEARS FARM LABOURER, MODEL SHRIMP FARM AND TRAINING CENTRE, POYYA, MALA, THRISSUR-680 733, RESIDING AT MOOTHEDATH HOUSE, KOLAMPURAM, POYYA P.O., THRISSUR-680 733.

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18 RADHAKRISHNAN.N.K. AGED 46 YEARS S/O.KUNJAPPAN, FARM LABOURER, MODEL SHRIMP FARM AND TRAINING CENTRE, POYYA, MALA, THRISSUR-680 733, RESIDING

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WP(C) NO. 11956 OF 2020

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AT NIKARTHIL HOUSE, PERUMPILLI, NJARACKAL P.O., ERNAKULAM682 505.

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19 SUDHEER.M.I. AGED 43 YEARS S/O.IBRAHIM, FARM LABOURER, MODEL SHRIMP FARM AND TRAINING CENTRE, POYYA, MALA, THRISSUR-680 733, RESIDING AT MANAPURATHUPARAMBIL HOUSE, PALATHURUTH, P.O.CHENNAMANGALAM, ERNAKULAM-683 512.

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20 M.O.THOMAS, AGED 48 YEARS S/O.OUSO, FARM LABOURER, MODEL SHRIMP FARM AND TRAINING CENTRE, POYYA, MALA, THRISSUR-680 733, RESIDING AT MANAKKIL HOUSE, POYYA P.O., THRISSUR-680 733. BY ADVS. SRI. C.A.CHACKO SMT.C.M.CHARISMA

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 THE SECRETARY TO GOVERNMENT, FISHERIES AND PORTS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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3 THE EXECUTIVE DIRECTOR, AGENCY FOR DEVELOPMENT OF AGRICULTURE, KERALA (ADAK), TC 15/1494, REEJA, MINCHIN ROAD, THYCAUD, THIRUVANANTHAPURAM695 014.

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4 THE REGIONAL EXECUTIVE, AGENCY FOR DEVELOPMENT OF AGRICULTURE, KERALA (ADAK), ERNAKULAM, CC 60/3907, CANAL ROAD, PERUMANOOR P.O., THEVARA, ERNAKULAM DISTRICT, PIN-682 015.

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5 THE FARM MANAGER, MODEL SHRIMP FARM AND TRAINING CENTRE, POYYA, MALA, THRISSUR-680 733. BY ADVS. SRI. VENUGOPAL V, GOVERNMENT PLEADER, SRI.A.K.ALEX, STANDING COUNSEL FOR R3-R5 SMT.SHEELA R. CHANDRAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 11956 OF 2020

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JUDGMENT

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Dated this the 11^th day of March, 2022

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The petitioners are farm labourers working

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under the Agency for Development of Agriculture, Kerala (ADAK), an autonomous body under the first respondent, registered as a Society under the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act, 1955. The petitioners had entered the service under respondents 2 to 5 as daily waged employees during 1993-95. Taking into account the service of more than ten years rendered by the petitioners, the Government vide Ext.P1 order regularised their service, observing that the category of farm labourers in ADAK is equal to farm labourers in Agriculture, Diary and Animal Husbandry Departments of the Government. The petitioners are aggrieved by the fact that, in spite of such observation, they are not given the benefits at par

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WP(C) NO. 11956 OF 2020

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with the employees in the aforementioned Departments. Highlighting this grievance, the petitioners had approached the respondents. After taking all aspects into consideration, the third respondent passed Ext.P16 order dated 12.12.2019, recommending the petitioners' case and requesting the Government to take a decision in the matter.

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Learned Counsel for the petitioners submitted that even after expiry of two years, the matter is pending consideration before the Government and the inordinate delay is causing substantial loss to the petitioners.

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Learned Standing Counsel for respondents 3 and 4 submitted that the third respondent has already done the needful by passing Ext.P16. Learned Government Pleader submitted that, given a reasonable time, the Government will take a decision on Ext.P16.

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The writ petition is hence disposed of,

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WP(C) NO. 11956 OF 2020

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directing the 2^nd respondent to take up Ext.P16 for consideration and to pass orders thereon within an outer limit of three months of receipt of a copy of this judgment, after affording an opportunity of hearing to one among the petitioners or their representative.

Sd/-

V.G.ARUN

JUDGE

NB/11-3

WP(C) NO. 11956 OF 2020

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APPENDIX OF WP(C) 11956/2020

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PETITIONERS’ EXHIBITS

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EXHIBIT P1	TRUE COPY OF GO(MS)NO.69/2010/F & PD DATED 04.09.2010.
EXHIBIT P2	TRUE COPY OF ORDER NO.ADAK/C/3198/07 DATED 27.09.2010 ISSUED BY 3RD RESPONDENT.
EXHIBIT P3	TRUE COPY OF ORDER NO.ADAK/C/3198/07 DATED 31.12.2012 OF 3RD RESPONDENT.
EXHIBIT P4	TRUE COPY OF GO(RT)NO.8/2017 DATED 17.05.2017.
EXHIBIT P5	TRUE COPY OF GO(RT)NO.26/2018 DATED 02.08.2018.
EXHIBIT P6	TRUE COPY OF ORDER NO.ADAK/C/981/11 DATED 14.10.2011 OF 3RD RESPONDENT.
EXHIBIT P7	TRUE COPY OF ORDER ISSUED BY 3RD RESPONDENT DATED 08.04.2019.
EXHIBIT P8	TRUE COPY OF REPRESENTATION DATED 05.12.2018 MADE BY 1ST PETITIONER BEFORE 3RD RESPONDENT.
EXHIBIT P9	TRUE COPY OF LETTER DATED 28.12.2018 OF 5TH RESPONDENT.
EXHIBIT P10	TRUE COPY OF COMMUNICATION DATED 12.02.2019 ISSUED BY INFORMATION OFFICER.
EXHIBIT P11	TRUE COPY OF ORDER DATED 18.03.2019 OF THE 3RD RESPONDENT.
EXHIBIT P12	TRUE COPY OF GO(P)NO.248/80/AD DATED 08.07.1980.
EXHIBIT P13	TRUE COPY OF REPRESENTATION DATED 10.08.2017 MADE BEFORE THE 3RD RESPONDENT.
EXHIBIT P14	TRUE COPY OF COMMUNICATION DATED 08.11.2017 OF ASSISTANT PUBLIC INFORMATION OFFICER.
EXHIBIT P15	TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT DATED 29.08.2019 IN W.P.(C) NO.23287/2019.
EXHIBIT P16 RESPONDENTS EXHIB	TRUE COPY OF ORDER DATED 12.12.2019 ISSUED BY THE 3RD RESPONDENT. ITS: NIL

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TRUE COPY

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P.A TO JUDGE

K.a.Stephen v. the State of Kerala

Case brief

What is this about?

What did the court decide?

K.a.Stephen v. the State of Kerala

Case brief

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