Dismissed

Dijesh K.M v. Cheruvannur Grama Panchayat

Kerala HC18 Mar 2024RP/328/2024

Case brief

AI extract

What is this about?

Daily-wage panchayat driver sought review of judgment upholding his transfer to the Palliative Care Centre, claiming wages would drop based on RTI information showing 16 visits per month. The Panchayat clarified wages are paid on all working days with attendance marked daily; the court found no substance and dismissed the review.

What did the court decide?

None granted; review petition dismissed.

Dijesh K.M Vs Cheruvannur Grama Panchayat — Service and Employment | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE AMIT RAWAL

¶4

¶5

THE HONOURABLE MRS. JUSTICE C.S. SUDHA

¶6

MONDAY, THE 18^TH DAY OF MARCH 2024 / 28TH PHALGUNA, 1945 RP NO. 328 OF 2024

¶7

AGAINST THE JUDGMENT DATED 21.11.2023 IN WA NO.1911 OF 2023

¶8

OF HIGH COURT OF KERALA

¶9

REVIEW PETITIONER/ 1st RESPONDENT:

¶10

DIJESH K.M AGED 37 YEARS S/O.DAMODARAN DRIVER (DAILY WAGE), CHERUVANNUR GRAMA PANCHAYATH, MEPPAYUR (VIA), KOZHIKODE, PIN – 673524.

¶11

BY ADV P.C.SASIDHARAN

¶12

RESPONDENTS/APPELLANTS & RESPONDENTS 2 TO 5:

¶13

1 CHERUVANNUR GRAMA PANCHAYAT REPRESENTED BY THE SECRETARY CHERUVANNUR GRAMA PANCHAYATH, MEPPAYUR (VIA), KOZHIKODE, PIN - 673524

¶14

2 PRESIDENT CHERUVANNUR GRAMA PANCHAYAT MEPPAYUR (VIA), KOZHIKODE, PIN - 673524

¶15

3 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM, PIN - 695001

¶16

4 DIRECTOR OF PANCHAYATHS PANCHAYATH DIRECTORATE, SWARAJ BHAVAN, GROUND FLOOR, NANTHANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM, PIN - 695003

¶17

5 GOVERNING COMMITTEE OF THE CHERUVANNUR GRAMA PANCHAYAT, REPRESENTED BY THE CHAIRMAN, PRESIDENT, CHERUVANNUR GRAMA PANCHAYATH, MEPPAYUR (VIA), KOZHIKODE, PIN – 673524.

¶18

R.P.No.328 of 2024 in W.A.No.1911 of 2023

¶19

¶20

6 UNNIKRISHNAN PALLIATIVE DRIVER (DAILY WAGE) AVALA FHC, AVALA P.O., MEPPAYUR (VIA), KOZHIKODE, PIN – 673524.

¶21

BY ADVS. THUSHARA.V C.VATHSALAN(K/42/1972) K.RAKESH ROSHAN(K/100/2001)

¶22

OTHER PRESENT:

¶23

SR GP SRI T K VIPINDAS

¶24

THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 18.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶25

R.P.No.328 of 2024 in W.A.No.1911 of 2023

¶26

¶27

AMIT RAWAL & C.S. SUDHA, JJ.

¶28

R.P.No.328 of 2024 in W.A.No.1911 of 2023

¶29

------------------------------------------------------ Dated this the 18^th day of March, 2024

¶30

ORDER

¶31

Amit Rawal , J .

¶32

Review Petition has been preferred against the judgment rendered by us whereby the judgment of the Single Bench allowing the writ petition filed by the review petitioner challenging the transfer from one office of the Panchayat to another office, i.e., Palliative Care Centre on the premise that while rendering the judgment counsel representing the appellant did not answer the query as to the similar pay scale drawn by the transferor and the transferee. In support of the aforementioned contention reliance has been laid to Annexure-A3 taken under the provisions of the Right to Information Act to contend that the review petitioner/writ petitioner/1^st respondent in the writ

¶33

¶34

R.P.No.328 of 2024 in W.A.No.1911 of 2023

¶35

appeal would be paid daily wages of Rs.730/- (Rupees Seven hundred and thirty only) per day only when he is permitted to drive the vehicle which could be sixteen (16) days as per the information.

¶36

We specifically asked the counsel representing the petitioner as to the period of working days rendered by the review petitioner before the order of the transfer. Though there is specific pleading in the review petition that he has been paid wages of thirty (30) days, there is no document on record. Finding some substance in the said argument we specifically raised a query to the counsel for the Panchayat. Counsel for the Panchayat submitted that wages are not being paid only the days of Palliative Home Care team visit but the Driver has to mark his presence every day and wages are being paid on all days and also relied upon the contents of Annexure-A3.

¶37

We have heard counsel for the parties and appraised paper book.

¶38

¶39

R.P.No.328 of 2024 in W.A.No.1911 of 2023

¶40

The contents of Annexure-A3 relied upon by both

¶41

the parties reads as under:-

¶42

“The information requested by Mr. Dijesh KM as per above reference letters in provided as follows.

¶43

The palliative homecare team conducts 16 visits per month.

¶44

Wages at the rate of Rs.730 per day (Seven Hundred and Thirty only).

¶45

Additional visits may be made as circumstances warrant. If the van needs repair work, the driver is paid on the run.

¶46

Wages at the rate of Rs.730 per day (seven hundred and thirty).”

¶47

On perusal of the above, they do not convey the apprehension as expressed. Moreover, counsel for the Panchayat has also undertaken that even if the vehicle is not

¶48

being plied by the review petitioner, he is supposed to mark his presence and has been paid the daily wages.

¶49

R.P.No.328 of 2024 in W.A.No.1911 of 2023

¶50

¶51

In this view of the matter the apprehension expressed no longer subsists. Review Petition sans merit, accordingly

dismissed.

Sd/-

AMIT RAWAL JUDGE

Sd/-

C.S. SUDHA JUDGE

skj

R.P.No.328 of 2024 in W.A.No.1911 of 2023

¶59

¶60

APPENDIX OF RP 328/2024

¶61

PETITIONER'S ANNEXURES

¶62

Annexure A1 THE TRUE COPY OF THE REGISTRATION CERTIFICATE IN RELATION TO VEHICLE NO. KL-11-AQ-3636 Annexure A2 THE TRUE COPY OF THE REGISTRATION CERTIFICATE IN RESPECT OF VEHICLE NO. KL-56-S-4274 Annexure A3 THE TRUE COPY OF THE INFORMATION RECEIVED UNDER THE RTI ACT DATED 28/12/2023 ALONG WITH ENGLISH TRANSLATION Annexure A4 THE TRUE COPY OF THE INFORMATION RECEIVED UNDER THE RTI ACT DATED 16/1/2024 ALONG WITH ENGLISH TRANSLATION

Dijesh K.M v. Cheruvannur Grama Panchayat

Case brief

What is this about?

What did the court decide?

Dijesh K.M v. Cheruvannur Grama Panchayat

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

The Pharmaceutical Corporation (Im) Kerala Ltd. Vs the Pharmaceutical Corporation (Im) Workers Union (Intuc)

State of Kerala Vs the Kerala State Coir Corporation

Kerala State Beverages (Manufacturing and Marketing) Corporation Vs Kerala State Beverages Corporation Staff Organization, Intuc.

K.v.Padmaja Vs Kerala Gramin Bank Represented by Its Chairman

Daya v.K., Vs Kerala Gramin Bank

Amal Dev D Vs the Dean