Dismissed

Kerala Ngo Sangh v. State of Kerala

Kerala HC9 Aug 2023OP(KAT)/280/2023

Case brief

AI extract

What is this about?

The High Court of Kerala entertained an original petition against an impugned order of the Kerala Administrative Tribunal dismissing an application on maintainability grounds. The court allowed the petitioners Liberty to withdraw the petition and file a fresh application before the Tribunal.

What did the court decide?

Liberty granted to petitioners to withdraw the original petition and to file a fresh original application before the Tribunal.

Kerala Ngo Sangh Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2023)

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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 ALEXANDER THOMAS

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THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

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WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945

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OP(KAT) NO. 280 OF 2023

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AGAINST THE ORDER DATED 25.05.2023 IN OA NO.765/2023 OF KERALA ADMINISTRATIVE
TRIBUNAL, THIRUVANANTHAPURAM

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PETITIONERS / APPLICANTS:

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1KERALA NGO SANGH
REPRESENTED BY ITS GENERAL SECRETARY, A. PRAKASH,
AGED 55 YEARS, S/O. S. AYYAPILLAI,
TC 14/2020 (2), VANROSS JUNCTION, UNIVERSITY P.O.,
THIRUVANANTHAPURAM, PIN – 695034
PHONE : 9400493072.
2A. PRAKASH
AGED 55 YEARS, S/O. S. AYYAPILLAI, SENIOR CLERK, REGISTRATION
DEPARTMENT, SUB REGISTRY OFFICE, HARIPAD, ALAPPUZHA - 690514.
RESIDING AT AMRUTHA JYOTHI,
KARUVATTA P.O., ALAPPUZHA, PIN – 690517
PHONE : 9400493072.

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BY ADVS.
P.MOHANDAS (ERNAKULAM)
K.SUDHINKUMAR
GOKUL D. SUDHAKARAN
BHARATH MOHAN
SABU PULLAN
R.BHASKARA KRISHNAN
K.P.SATHEESAN (SR.)

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RESPONDENTS/RESPONDENTS:

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1STATE OF KERALA
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY (FINANCE),
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2THE ADDITIONAL SECRETARY
FINANCE (PAY RESEARCH UNIT) DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001

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OTHER PRESENT:

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SRI. SAIGI JACOB PALATTY-SR. GP,
SRI. ASOK M. CHERIAN -ADDL. AG

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THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON
09.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ALEXANDER THOMAS & C.JAYACHANDRAN, JJ.

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========================================

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O.P(KAT) No.280 of 2023

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[arising out of the impugned final order dated 25.05.2023 in O.A. No.765/2023 on the file of the KAT, Tvm. Bench]

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=================================

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Dated this the 09^th day of August, 2023

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JUDGMENT

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Alexander Thomas, J.

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This original petition, instituted under Articles 226 & 227 of the Constitution of India, is directed against the impugned Ext.P1 final order dated 25.05.2023, rendered by the Kerala Administrative Tribunal, Thiruvananthapuram Bench, dismissing O.A. No.765/2023. The petitioners herein are the applicants in the original application. The respondents herein are the respondents in the original application.

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2 . Heard, Dr. K.P. Satheesan, learned senior counsel instructed by Sri. Sabu Pullan, learned counsel appearing for the petitioners, Sri. Asok M. Cherian, learned Additional Advocate General, instructed by Smt.Sabeena P. Ismail, learned Government Pleader, appearing for the respondents.

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3 . The impugned Ext.P1 verdict of the Tribunal in the above

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O.A. reads as follows:-

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O.P(KAT) No.280 of 2023

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“O R D E R

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Relief sought for in this Original Application is to set aside Annexure A2 communication issued by the Additional Chief Secretary, Finance Department of the State Government, to the General Secretary of the 1 st applicant Organization, intimating that the issue with respect to granting of Dearness Allowance and Dearness Relief to the Government employees and pensioners, is under consideration of the State Government. Inter alia, direction is sought against the 1 st respondent is to make payment of the arrears of Dearness Allowance to the Government employees, within a time limit that may be fixed by the Tribunal.

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2. The 1 st applicant is an employees organization represented by its General Secretary. The General Secretary of the 1 st applicant organization himself, who is the 2 nd applicant is a State Government employee.

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3. The issue agitated is purely of general nature and the grievance is not with respect to any particular employee of the State Government. It remains well settled that there is no public interest involved with respect to service matter of any Government employees. Even if it is assumed that the applicants can agitate the grievance as ‘pro bono publico', the forum having jurisdiction is not this Tribunal. HIGH KER

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Under the above mentioned circumstances, the above Original Application is hereby dismissed as not maintainable before this Tribunal.”

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4 . Today, when the matter has been taken up for consideration, Dr. K.P. Satheesan, learned senior counsel instructed by Sri. Sabu Pullan, learned counsel appearing for the petitioners, would submit on the basis of instructions of the petitioners that leave may be granted to the petitioners to withdraw the original petition and with liberty to file fresh original application before the Tribunal in compliance with the requirements made in the impugned verdict of the Tribunal at Ext.P1.

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5 . The abovesaid submissions of the petitioners are recorded. Liberty is accorded to the petitioners to work out remedies in the

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O.P(KAT) No.280 of 2023

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manner known to law and in strict compliance with the requirements of law and after duly paying court fees for each of the individuals

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whose grievances are raised and who seek the benefit.

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With these observations and directions and with the said liberty,

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the above original petition will stand dismissed as withdrawn.

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Sd/-

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ALEXANDER THOMAS, JUDGE

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Sd/- C. JAYACHANDRAN, JUDGE

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Skk//11082023

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O.P(KAT) No.280 of 2023

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APPENDIX OF OP(KAT) 280/2023

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PETITIONERS' ANNEXURES:-

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EXHIBIT-P1TRUE COPY OF THE ORDER DATED 25-05-2023
IN O.A.NO. 765/2023
EXHIBIT-P2TRUE COPY OF THE O.A. NO. 765/2023
ANNEXURE-A1TRUE COPY OF THE REPRESENTATION FILED BY
THE 1ST APPLICANT TO THE HON'BLE CHIEF
MINISTER OF KERALA DATED 23-11-2022
ANNEXURE-A2TRUE COPY OF THE COMMUNICATION GIVEN BY
THE 1ST RESPONDENT AS NO. PRU-2/53/2022-
FIN. DATED 12-12-2022
ANNEXURE-A3TRUE COPY OF THE ORDER G.O.(P)NO.47/2023/
FIN. DATED 10-05-2023 ISSUED BY THE 2ND
RESPONDENT
ANNEXURE4M.A. FOR JOINING TOGETHER

Kerala Ngo Sangh v. State of Kerala

Case brief

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Kerala Ngo Sangh v. State of Kerala

Case brief

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