Allowed

Hiran K.K. v. State of Kerala

Kerala HC3 Nov 2023OP(KAT)/486/2023

Case brief

AI extract

What is this about?

This order permits a writ petition challenging the exclusion of a retired Ayurveda officer from ex-gratia pension due to prior leave without allowance. The High Court set aside the tribunal's order, directing the Government to reconsider the petition afresh due to the petitioner's exceptional humanitarian circumstances.

What did the court decide?

Impugned order of Kerala Administrative Tribunal set aside. Government directed to reconsider petitioner's request for ex-gratia payment within three months.

Hiran K.K. 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 A.MUHAMED MUSTAQUE

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THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN

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FRIDAY, THE 3^RD DAY OF NOVEMBER 2023 / 12TH KARTHIKA, 1945

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OP(KAT) NO. 486 OF 2023

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AGAINST THE ORDER IN O.A.(EKM) NO.143/2017 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM

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PETITIONER:

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HIRAN K.K., AGED 67 YEARS, S/O.KUNHITTAMAN, MEDICAL OFFICER (AYURVEDAM) RETD., KOZHIPARAMBIL, P.O. KAIPPAMANGALAM BEACH, THRISSUR DISTRICT, KERALA, PIN – 680681.

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BY ADVS. PAUL ABRAHAM VAKKANAL ABRAHAM VAKKANAL (SR.) VINEETHA SUSAN THOMAS

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.

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2 THE DIRECTOR, INDIAN SYSTEM OF MEDICINE, AROGYA BHAVAN, P.B. NO: 182, THIRUVANANTHAPURAM, PIN – 695001.

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3 THE PRINCIPAL ACCOUNTANT GENERAL (A & E), KERALA, THIRUVANANTHAPURAM, PIN – 695039.

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BY SENIOR GOVERNMENT PLEADER, SMT.VINITHA B.

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THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 03.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(KAT) No.486/2023 2

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J U D G M E N T

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A.Muhamed Mustaque, J.

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The point arises for consideration whether the exclusion of the petitioner to the claim for exgratia pension in terms of an executive order issued as early as in 1999 by the Government of Kerala vide G.O.(P) No.1851/1999 dated 18.09.1999 is justifiable or not. The brief facts related to the case are as follows:

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The petitioner entered in the Government service as a Medical Officer (Ayurveda) on 31.03.1999. He availed Leave Without Allowance to take up employment in a gulf country on 11.10.2002 for five years. He came back to India and rejoined duty on 27.07.2007 after cancelling the unavailed portion of the leave. The petitioner retired from the service on 31.03.2010. His total qualifying service is 6 years. Admittedly, he is not eligible for a minimum statutory pension. However, the Government floated a scheme for granting ex-gratia pension to those categories of employees who put in less than 10 years of qualifying service in lieu of statutory service pension. In that, specifically

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OP(KAT) No.486/2023 3

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excluded those who have availed Leave Without Allowance obviously for the reason that the Government was of the view that such person might have benefited by availing Leave Without Allowance. If that rationale is applied, a corollary selection would follow in case where the person is able to point out that he was not benefited by Leave Without Allowance and is also entitled to be considered for ex-gratia pension. Particular circumstances show that exceptional consideration is required, inasmuch as that the petitioner is now placed in penurious circumstances after he met with an accident. He also submitted before us that he could not find any job as an Ayurveda Doctor in gulf country and he worked for a meager salary since he was not given licence to practice as an Ayurveda Doctor. According to him, he stayed back in Gulf country for the reason that he cannot rejoin duty before the expiry of the period of leave. Anyway, the matter related to ex-gratia payment is covered by executive order and it is always possible for the executive to relax conditions in exceptional circumstances, taking note of the circumstances of such a retired employee. The very reason for issuing such an executive order for

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OP(KAT) No.486/2023 4

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granting ex-gratia pension on humanitarian ground, that being the consideration and objective, it is appropriate the Government to consider the petitioner's request for ex-gratia payment again in the light of particular circumstances of the case. Therefore, the impugned order of the Kerala Administrative Tribunal is set aside. The Government is directed to reconsider the matter afresh after adverting to the materials that will be placed before the Government by the petitioner. Needful shall be done within a period of three months.

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The original petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE JUDGE

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Sd/-

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SHOBA ANNAMMA EAPEN JUDGE

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OP(KAT) No.486/2023 5

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APPENDIX OF OP(KAT) 486/2023

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PETITIONER'S ANNEXURES:

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ANNEXURE A1 TRUE COPY OF THE G.O.(RT) NO. 2485/2002/H&FWD DT. 11-10-2002.

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ANNEXURE A2 TRUE COPY OF THE RELEVANT PAGES OF THE APPLICANT'S PASSPORT.

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ANNEXURE A3 TRUE COPY OF THE G.O.(RT) 3312/07/H&FWD DT. 24-9-2007.

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ANNEXURE A4 TRUE COPY OF THE ORDER OF THE DIRECTOR OF INDIAN SYSTEMS OF MEDICINE IN GOVERNMENT AYURVEDA HOSPITAL, THATHAMANGALAM DT. 21-7-2007.

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ANNEXURE A5 TRUE COPY OF THE G.O.(P) NO. 154/2009/FIN DT. 21-4-2009.

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ANNEXURE A6 TRUE COPY OF THE TREATMENT DETAILS. ANNEXURE A7 TRUE COPY OF THE G.O.(P) 1851/1999/FIN DT. 18-9-1999.

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ANNEXURE A8 TRUE COPY OF THE REPRESENTATION DT. 4-6-2016.

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ANNEXURE A9 TRUE COPY OF THE REPRESENTATION DT. 1-11-2016.

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ANNEXURE A10 TRUE COPY OF THE REMINDER LETTER DT. 30-11-2016. ANNEXURE A11 TRUE COPY OF THE G.O.(P) NO. 190/2016/FIN DT. 26-12-2016. ANNEXURE A12 TRUE COPY OF THE REPLY OF R1 DT. 10-1-2020. EXHIBIT P1 TRUE COPY OF THE AMENDED O.A.(EKM) NO.

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OP(KAT) No.486/2023 6

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143 OF 2017 DT. 15-04-2021.

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EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE 1ST RESPONDENT IN SEPTEMBER, 2017 AND RECEIVED ON 20-102017.

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EXHIBIT P3 TRUE COPY OF THE MA (EKM) NO. 680/2021 FOR AMENDMENT FILED BY THE PETITIONER (APPLICANT IN OA(EKM)) DATED 24-3-2021.

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EXHIBIT P4 TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE FIRST RESPONDENT DATED 3-3-2022.

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EXHIBIT P5 TRUE COPY OF THE REJOINDER FILED BY THE PETITIONER TO THE REPLY STATEMENT OF 1ST RESPONDENT DATED 23-6-2022.

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EXHIBIT P6 TRUE COPY OF THE ORDER DT: 26-07-2023 IN O.A.(EKM)NO. 143 OF 2017.

Hiran K.K. v. State of Kerala

Case brief

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Hiran K.K. v. State of Kerala

Case brief

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