Dismissed

K.Chandran v. Government of Kerala

Kerala HC9 Apr 2024WP(C)/3406/2016

Case brief

AI extract

What is this about?

KLDC employees sought to continue in service until 60 years based on proceedings indicating retirement age enhancement, and consideration of a representation. The counter affidavit stated the proposal was rejected by Government and a similar writ petition was answered against petitioners and affirmed in writ appeal; the court dismissed the petition as nothing survived.

What the court decided

AI extract

K.Chandran Vs Government 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 SATHISH NINAN

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TUESDAY, THE 9^TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946

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WP(C) NO. 3406 OF 2016

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PETITIONER/S:

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1	K.CHANDRAN AGED 55 YEARS
	ASSISTANT PROJECT ENGINEER, KERALA LAND DEVELOPMENT CORPORATION (KLDC), VAIKOM, RESIDING AT ITTIKKANDANCHIRA, MARARIKULAM NORTH P.O., ALAPPUZHA.
2	P.KALAKUMARI D/O.K.VASUDEVAN NAIR, STENOGRAPHER, KLDC, ADMINISTRATIVE OFFICE, THIRUVANANTHAPURAM, RESIDING AT "ANIZHAM", PANTHUKALAM, KODUNGANOOR P.O., THIRUVANANTHAPURAM.
3	G.KERNAL SINGH S/O.D.GEORGE, ASSISTANT PROJECT ENGINEER, OFFICE OF THE DEPUTY PROJECT ENGINEER, KLDC, VADAKARA, KOZHIKODE DISTRICT, RESING AT 'SINGH BHAVAN', KANJIRAMKONAM, CHERIYAKOLLA P.O., KARAKONAM, THIRUVANANTHAPURAM.
4	E.N.RAVI S/O.A.R.NARAYANAN, ASSISTANT ACCOUNTS OFFICER, KLDC,, NEAR RAMANILAYAM, THRISSUR- 20.
5	A.M.SANJAYAN S/O.LATE A.MRITHYUNJAYAN,DEPUTY PROJECT ENGINEER, KLDC, VAIKOM, RESIDING AT MULLASSERIL HOUSE, KAMUKINKODE, KONDAVILA P.O., THIRUVANANTHAPURAM- 699 123.
6	CHANDRAN K.R.
	S/O.LATE K.C.RAMAN, PROJECT ENGINEER, OFFICE OF THE CONSTRUCTION ENGINEER, KLDC, THRISSUR, RESIDING AT KARIMPARAMBIL HOUSE, THRISSUR DISTRICT.
7	MOHANAN.V. S/O.G.VELAYUDHAN, ASSISTANT PROJECT ENGINEER, OFFICE OF THE CONSTRUCTION ENGINEER, KLDC, ALAPPUZHA, RESIDING AT PARAVILAYIL HOUSE, PANNIVIZHA, ADOOR.

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WPC No.3406 of 2016

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-: 2 :-

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8 MOHAMMED BASHEER M.K. S/O.KOCHAMMED, ASSISTANT PROJECT ENGINEER, KLDC, THRISSUR RESIDING AT MANGALASSERY HOUSE, ARANELUR P.O., MAZHUVANCHERRY, THRISSUR. 9 RAVINDRAN.P. S/O.APPUKUTTY P., DEPUTY PROJECT ENGINEER, OFFICE OF THE CONSTRUCTION ENGINEER, KLDC, THRISSUR, RESIDING AT PAROL HOUSE, KARANTHUR P.O., KOZHIKODE. 10 BHASKARAN K. S/O.APPUNNI K., ASSISTANT PROJECT ENGINEER, KLDC, THRISSUR, RESIDING AT KORAMKOTTIL HOUSE, KANALLUKARA P.O., THACHANADAN LANE, THRISSUR. BY ADVS. SRI.BABU JOSEPH KURUVATHAZHA SRI.P.T.ABHILASH

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RESPONDENT/S:

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1 GOVERNMENT OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2 PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF AGRICULUTE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 3 KERALA LAND DEVELOPMENT CORPORATION LTD. MUSEUM BAINS COMPOUND, TC 11/570, KOWDIAR P.O., GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 003, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADVS. GOVERNMENT PLEADER SRI.A.ABDULKHARIM, SC, KERALA LAND DEVP.CORPN. LTD. SRI.SANJAY THAMPI, SC, KERALA LAND DEVELOPMENT CORPORATION L SRI.BAIJURAJ G., SC, KLDC LTD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING :

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Sathish Ninan, J. ============================== W.P(C) No.3406 of 2016 ==============================

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Dated this the 9^th day of April, 2024

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JUDGMENT

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This writ petition is filed seeking the following reliefs:

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“ (I) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to permit the petitioners to continue in service, until they attain 60 years, in pursuance to Ext.P1 proceeding of the 2^nd respondent and Ext.P2 proceeding of the 3^rd respondent;

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(II) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2^nd respondent to consider and dispose of Ext.P4 representation, forthwith.”

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From the counter affidavit filed by the 3^rd respondent, it is seen that the proposal for enhancement of retirement age is already rejected

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WP(C) No.3406 of 2016

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-: 2 :-

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by the Government. The counter affidavit also

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states that W.P(C) No.22236 of 2005 filed seeking similar reliefs has been answered against the petitioner and was affirmed in writ appeal.

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In the light thereof, nothing survives in the writ petition. Writ petition is accordingly dismissed.

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Sd/- Sathish Ninan, Judge

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SVP

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WP(C) No.3406 of 2016

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-: 3 :-

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APPENDIX OF WP(C) 3406/2016

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PETITIONER EXHIBITS

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EXT P1- TRUE COPY OF THE LETTER DATED 17/12/15 SENT BY THE 2ND RESPONDENT TO THE MANAGING DIRECTOR OF VARIOUS CORPORATIONS/UNDERTAKINGS, FUNCTIONING UNDER THE CONTROL OF THE 2ND RESPONDENT, INCLUDING THAT OF THE 3RD RESPONDENT.

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EXT P2- TRUE COPY OF THE REPLY DATED 04/01/2016 FORWARDED BY THE 3RD RESPONDENT.

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EXT P3- TRUE COPY OF THE REPRESENTATION DATED 18/01/2016 SUBMITTE BY THE PETITIONER BEFOE THE 3RD RESPONDENT EXT P4- TRUE COPY OF THE REPRESENTATION DATED 20/01/2016 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

K.Chandran v. Government of Kerala

Case brief

What is this about?

What the court decided

K.Chandran v. Government of Kerala

Case brief

What is this about?

What the court decided

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