Disposed

K. Kalikkutty v. State of Kerala

Kerala HC11 Jun 2024WP(C)/15169/2024

Case brief

AI extract

What is this about?

Retired contingent workers of Aluva Municipality sought payment of unpaid dearness allowance arrears, revised pension arrears and terminal benefits. The court directed the Municipality to pay their terminal benefits within four months and disposed of the writ petition accordingly.

What did the court decide?

Direction to Aluva Municipality to pay petitioners' terminal benefits within four months.

K. Kalikkutty Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2024)

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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 BASANT BALAJI

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TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946

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W.P.(C) NO.15169 OF 2024

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PETITIONERS:

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`1`	`K. KALIKKUTTY, AGED 72 YEARS, W/O.AYYAPPAN,` `THEVARKKATTU HOUSE, NETAJI ROAD, ALUVA,` `ERNAKULAM-683 101`
`2`	`K. KALUKURAMBAN, AGED 73 YEARS, S/O.KANNAN,` `THANTHONNIMUKALATH HOUSE, SIVAGIRI COLONY, EDATHALA,` `NAD P.O., ERNAKULAM, PIN – 683 563`
`3`	`T. PARAMASIVAM, AGED 69 YEARS,` `S/O THIRUMAN, VELAYUDHAM PALAYAM, PUTHOOR,` `KAVALAPETTI, DINDIGUL DISTRICT, TAMIL NADU-624 621`
`4`	`K.C. SANTHA, AGED 70 YEARS, W/O. K.K. KUMARAN,` `RADHIKA NILAYAM, MEKKARAKUNNU, KEEZHMADU,` `ERUMATHALA P.O., ERNAKULAM, PIN – 683 112`
`5`	`K.K. SOBHA, AGED 64 YEARS, W/O.P.Y. VELAYUDHAN,` `PALLATHU HOUSE, SARAMGA LANE, ALUVA, ERNAKULAM-683 101`
`6`	`K. SOBHANA, AGED 63 YEARS, W/O. V.K. SUDHAKARAN,` `PANDARAPARAMBIL HOUSE, KANIYAMKUNNU, UC COLLEGE P.O.,` `ALUVA, ERNAKULAM, PIN – 683 102`
`7`	`P.Y. SOSHA, AGED 65 YEARS, W/O. BABU,` `PALLIPARAMBIL HOUSE, KEEZHMADU, ERUMATHALA P.O.,` `ERNAKULAM, PIN – 683 112`
`8`	`N.V. SURESH BABU, AGED 67 YEARS,` `S/O. VELAYUDHAN, NIKATHIL HOUSE, NEAR KEDAMANGALAM` `SCHOOL, NORTH PARAVUR, ERNAKULAM, PIN – 683 513`
`9`	`T. SUSHEELA, AGED 63 YEARS, W/O. M. KRISHNAN,` `KRISHNAVILASAM, NEDUMBASSERY P.O., ERNAKULAM-683 585`
`10`	`BINDU K.R., AGED 72 YEARS, W/O. LATE MURUKESHAN,` `KALATHINGAL HOUSE, CANAL BUND ROAD, ALUVA,` `ERNAKULAM, PIN – 683 101`
`11`	`DEVI M., AGED 68 YEARS, W/O.LATE MURUKAN,` `MUTHIRAKKATTUMUKAL COLONY, KUNJATTUKARA,` `EDATHALA P.O., ERNAKULAM, PIN – 683 561`

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WPC. 15169/2024

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12 INDIRA RAJU, AGED 72 YEARS, W/O.LATE RAJU, EDAKKATTUPARAMBIL HOUSE, ELOOKKARA, MUPPATHADAM P.O., ERNAKULAM – 683 110

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13 MUNIYAMMA, AGED 75 YEARS, W/O LATE R. VELAN, MUNICIPAL COLONY, ALUVA, ERNAKULAM, PIN – 683 101

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14 SARASWATHI S., AGED 77 YEARS, W/O LATE UNNI N.M., PALLATHKUDI, MUNICIPAL COLONY, ALUVA, ERNAKULAM- 683 101

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15 SARASU T.K., AGED 69 YEARS, W/O.LATE T.K. KUMARAN, THIYYAMPURATHKUDI, NAD MUKAL, EDATHALA NORTH P.O., ALUVA, ERNAKULAM, PIN – 683 563

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16 VIJAYA, AGED 66 YEARS, W/O.LATE M.S. RAJAN, MADHAVAPURAM COLONY, CANAL ROAD, ALUVA, ERNAKULAM, PIN – 683 101

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17 A. MURUKESHAN, AGED 70 YEARS, S/O ARUMUKHAN, MUNICIPAL COLONY, ALUVA, ERNAKULAM, PIN – 683 101 BY ADVS. C.Y.VINOD KUMAR MANOJ VASU

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVT. DEPARTMENT, SECRETARIAT, TRIVANDRUM, PIN – 695 001

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2 DIRECTOR, DIRECTORATE OF URBAN AFFAIRS, SWARAJ BHAVAN, NANDANCODE P.O., KOWDIAR, TRIVANDRUM, PIN – 695 003

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3 ALUVA MUNICIPALITY, MUNICIPAL OFFICE, PERIYAR NAGAR, ALUVA, ERNAKULAM, PIN – 683101, REPRESENTED BY ITS SECRETARY.

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4 SECRETARY, ALUVA MUNICIPALITY, MUNICIPAL OFFICE, PERIYAR NAGAR, ALUVA, ERNAKULAM, PIN – 683 101 BY ADVS.

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K T THOMAS FOR – R3 & R4 NIKHIL BERNY(K/674/2014)

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SR. GOVERNMENT PLEADER, SMT. MARY BEENA JOSEPH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC. 15169/2024

JUDGMENT

( Dated: 11^th June, 2024)

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The petitioners were the contingent workers in the Aluva

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Municipality. The grievance of the petitioners is that the respondents have

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not disbursed the dearness allowance arrears and revised pension arrears.

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The petitioners retired from service on different dates. Most of the petitioners are aged around 70. As per Ext.P1, the pensionary benefits of the contingent workers in the Municipalities were revised. However, the arrears are not paid to the petitioners. Though they filed Ext.P2 representation, the 4^th respondent has not taken any final decision on Ext.P2.

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A statement is filed by the counsel for respondents 3 and

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The only reason for non-disbursal is that due to the flood and COVID-

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19, the Municipality is going through an acute financial crisis. Even the electricity charges, employees' pensions, and salaries are not paid. It is also

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stated that the Municipality needs reasonable time to release the benefits

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due to the petitioners.

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WPC. 15169/2024

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4. Heard counsel on either side.

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Taking into consideration that the petitioners were contingent

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workers in the Municipality, and they retired between 2011 and 2020 and

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are not paid the retirement benefits, there will be a direction to the 3^rd

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respondent to pay the terminal benefits of the petitioners within a period

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of four months from the date of receipt of a copy of this judgment.

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The writ petition is disposed of as above.

Sd/-

BASANT BALAJI,

JUDGE

WPC. 15169/2024

APPENDIX OF WP(C) 15169/2024

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PETITIONER EXHIBITS:

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Exhibit P1COPY OF THE G.O. (MS) NO. 168/2021/FIN. DATED
08/12/2021
Exhibit P2TRUE COPY OF THE REPRESENTATION DATED
25/03/24 SUBMITTED BY THE PETITIONERS BEFORE
THE 4TH RESPONDENT
Exhibit P3COPY OF THE JUDGMENT DATED 05/3/24 IN WPC NO.
3148/24 OF THIS HON'BLE COURT

K. Kalikkutty v. State of Kerala

Case brief

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K. Kalikkutty v. State of Kerala

Case brief

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