Disposed

T.v.Suresh Kumar v. State of Kerala

Kerala HC8 Feb 2023WP(C)/1266/2023

Case brief

AI extract

What is this about?

This writ petition challenged the non-applicability of the XI Pay Commission recommendations to the petitioners' pensions as employees of the Kerala Khadi & Village Industries Board. The High Court directed the Principal Secretary to Industries Department to consider the petitioners' representations and pass appropriate orders within three months.

What did the court decide?

Direction to the 2nd respondent to consider petitioners' representations, make consultations, and pass orders within three months.

T.v.Suresh Kumar 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 MRS. JUSTICE ANU SIVARAMAN

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WEDNESDAY, THE 8^TH DAY OF FEBRUARY 2023 / 19TH MAGHA, 1944

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WP(C) NO.1266 OF 2023

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PETITIONERS :-

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1 T.V.SURESH KUMAR, RESIDING AT TC 56/3709, "SNEHA NILAYAM", FIRST CROSS, VISWAMBHARAN ROAD, PAPPANAMCODE, THIRUVANANTHAPURAM, PIN – 695 018

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2 K.P.VARGHESE KALLUVEETTIL HOUSE, KARTHEDAM, MALIPPURAM P.O., ERNAKULAM DISTRICT – 682 511

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BY ADVS. SHAJI THOMAS MOHAN PULIKKAL JEN JAISON

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RESPONDENTS :-

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1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THRIVUVANANTHAPURAM, PIN – 695 001

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2 PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001

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3 PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA FINANCE (PENSION-B) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001

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4 KERALA KHADI & VILLAGE INDUSTRIES BOARD VANCHIYOOR, THIRUVANANTHAPURAM – 695 035 REPRESENTED BY ITS SECRETARY

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5 SECRETARY KERALA KHADI & VILLAGE INDUSTRIES BOARD, VANCHIYOOR, THIRUVANANTHAPURAM, PIN – 695 035

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BY SMT.PARVATHY.K, GP BY SRI.N.RAJAGOPALAN NAIR, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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08.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.1266 OF 2023

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-: 2 :-

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JUDGMENT

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Dated this the 8th day of February, 2023

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This writ petition is filed seeking the following relief :-

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“(i) a writ of mandamus or any other writ, order or direction commanding respondents 2 and 3 to issue orders revising the pension and family pension of the employees of the Board like the petitioners with effect from 01.07.2019 based on the recommendations of the XI Pay Revision Commission and the XI Pay Revision Order issued by the 2^nd respondent (G.O.(P) No.27/2021/FIN dated 10.02.2021) as was done in the case of State service pensioners through Exhibit P3 order dated 12.02.2021 and to disburse all due amounts including accrued arrears within a time limit fixed by this Hon'ble Court.”

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Heard the learned counsel for the petitioners and the

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learned Government Pleader as well as the learned Standing Counsel appearing for the respondent Board.

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It is submitted by the learned counsel for the petitioners that the petitioners retired from service of the 4^th respondent Board on 31.5.2018 and 31.5.2012 respectively. It is submitted that the 11^th Pay Commission recommendations were accepted by the Government of Kerala and the pay of government employees were revised. The benefits were extended to the employees of the 4^th respondent Board as well. However, with regard to the retired

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WP(C) NO.1266 OF 2023

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-: 3 :-

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employees, the revisions of pay and pension were not made applicable. It is submitted that the Board has considered the matter and has requested the grant of benefits to the retired employees as well and that the proposal is also before the Government since January, 2022. The petitioners have, therefore, approached the Government with Exts.P5 and P6 representations and seek a consideration of the same.

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Having considered the contentions advanced, I am of the opinion that it is for the Government to take an appropriate decision in the matter, taking note of the contentions raised by the petitioners as well.

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There will, accordingly, be a direction to the 2^nd respondent to take up the representations submitted by the petitioners, make necessary consultations and pass appropriate orders in accordance with law, considering the contentions raised by the petitioners as well, within a period of three months from the date of receipt of a copy of this judgment.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/9.2.2023

WP(C) NO.1266 OF 2023

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-: 4 :-

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APPENDIX OF WP(C) 1266/2023

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PETITIONER EXHIBITS

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Exhibit P1 TRUE PHOTOCOPY OF THE G.O (MS) NO.115/2022/ ID DATED 04.11.2022 ISSUED BY THE 2ND RESPONDENT

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Exhibit P2 TRUE PHOTOCOPY OF THE RELEVANT PORTION (CHAPTER 5 PARAGRAPH 5.8) OF PART VI OF THE XI PAY REVISION COMMISSION REPORT

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Exhibit P3 TRUE PHOTOCOPY OF THE G.O. (P) NO.30/2021/FIN DATED 12.02.2021 ISSUED BY THE 3RD RESPONDENT Exhibit P4 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 02.01.2023 SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT

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Exhibit P5 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 02.01.2023 SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT

T.v.Suresh Kumar v. State of Kerala

Case brief

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T.v.Suresh Kumar v. State of Kerala

Case brief

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