Kerala High Court
L.Chellachan vs Punalur Municipal Corporation on 2 June, 2009
Author: C.K.Abdul Rehim
Bench: C.K.Abdul Rehim
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
WEDNESDAY, THE 12TH DAYOF MARCH 2014/21ST PHALGUNA, 1935
WP(C).No. 1991 of 2014 (Y)
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PETITIONER(S):
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1. L.CHELLACHAN,
SANITATION WORKER, PUNALUR MUNICIPAL CORPORATION,
PUNALUR 691 305.
2. S.MONI,
SANITATION WORKER, PUNALUR MUNICIPAL CORPORATION,
PUNALUR 691 305.
3. A.BHASKARAN,
SANITATION WORKER, PUNALUR MUNICIPAL CORPORATION,
PUNALUR 691 305.
4. G.AYYAPPAN,
SANITATION WORKER, PUNALUR MUNICIPAL CORPORATION,
PUNALUR 691 305.
5. P.RAJAN,
SANITATION WORKER, PUNALUR MUNICIPAL CORPORATION,
PUNALUR 691 305.
6. K.VISWANATHAN,
SANITATION WORKER, PUNALUR MUNICIPAL CORPORATION,
PUNALUR 691 305.
7. A.RAJAN
SANITATION WORKER, PUNALUR MUNICIPAL CORPORATION,
PUNALUR 691 305.
8. R.CHELLAPPAN,
SANITATION WORKER, PUNALUR MUNICIPAL CORPORATION,
PUNALUR 691 305.
Kss ..2/-
..2....
WPC.NO.1991/2014 (Y)
9. B.SURENDRAN,
SANITATION WORKER, PUNALUR MUNICIPAL CORPORATION,
PUNALUR 691 305.
10. S.SURENDRAN,
SANITATION WORKER, PUNALUR MUNICIPAL CORPORATION,
PUNALUR 691 305.
11. S.ASHOKAN,
SANITATION WORKER, PUNALUR MUNICIPAL CORPORATION,
PUNALUR 691 305.
12. NEPOLEON,
SANITATION WORKER, PUNALUR MUNICIPAL CORPORATION,
PUNALUR 691 305.
13. GOPALAKRISHNAN,
SANITATION WORKER, PUNALUR MUNICIPAL CORPORATION,
PUNALUR 691 305.
14. C.NATARAJAN,
SANITATION WORKER, PUNALUR MUNICIPAL CORPORATION,
PUNALUR 691 305.
15. D.UNNI,
SANITATION WORKER, PUNALUR MUNICIPAL CORPORATION,
PUNALUR 691 305.
16. N.MURALI,
SANITATION WORKER, PUNALUR MUNICIPAL CORPORATION,
PUNALUR 691 305.
17. L.KUNJIKUTTY,
SANITATION WORKER, PUNALUR MUNICIPAL CORPORATION,
PUNALUR 691 305.
Kss ..3/-
..3....
WPC.NO.1991/2014 (Y)
18. S.SUSHEELA,
SANITATION WORKER, PUNALUR MUNICIPAL CORPORATION,
PUNALUR 691 305.
19. N.BHAVANI,
SANITATION WORKER, PUNALUR MUNICIPAL CORPORATION,
PUNALUR 691 305.
20. M.SAINABA,
SANITATION WORKER, PUNALUR MUNICIPAL CORPORATION,
PUNALUR 691 305.
BY ADVS.SRI.P.B.SAHASRANAMAN
SRI.T.S.HARIKUMAR
SRI.K.JAGADEESH
SRI.RAAJESH S.SUBRAHMANIAN
RESPONDENT(S):
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1. PUNALUR MUNICIPAL CORPORATION,
REPRESENTED BY ITS SECRETARY,
BRKR BHAVAN, B-BLOCK TANKBUND ROAD,
PUNALUR - 691 305.
2. THE REGIONAL PROVIDENT FUND COMMISSIONER,
EPF ORGANISATION, BHAVISHYANIDHI BHAVAN,
PATTOM, TRIVANDRUM - 695 004.
R1 BY ADV. SRI.B.KRISHNA MANI
R2 BY SRI.N.N.SUGUNAPALAN,SENIOR ADVOCATE
SMT.T.N.GIRIJA, SC,EPF ORGANISATION
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12-03-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Kss
WP(C).No. 1991 of 2014 (Y)
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APPENDIX
PETITIONER(S)' EXHIBITS:
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EXHIBIT P1. COPY OF THE G.O(P)NO.211/2009/FIN DATED 02.06.2009 OF THE
GOVERNMENT OF KERALA.
EXHIBIT P2. COPY OF THE INFORMATION GIVEN BY THE PUBLIC INFORMATION
OFFICER, NO.R4-6857/13 DATED 05.12.2013 PUNALUR MUNICIPAL
CORPORATION.
RESPONDENT(S)' EXHIBITS:
------------------------------------------ N I L
/TRUE COPY/
P.S.TOJUDGE
Kss
C.K.ABDUL REHIM,J.
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WP(C).NO. 1991 of 2014
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Dated this the 12th day of March, 2014
JUDGMENT
The petitioners are employees in the contingent service of the 1st respondent Municipality. By virtue of Ext.P1 the Government ordered a revision in the Dearness Allowance payable to contingent employees, with specific direction to credit the arrears in the Provident Fund Account. Grievance of the petitioners is that the 1st respondent Municipality is not crediting the arrears of DA into their PF Account, in compliance with the terms of Ext.P1 order. Ext.P2 reply received under the Right to Information Act is produced in order to content that the amount due in this regard from 2005 onwards has not been credited to the PF Account of the petitioners. Hence this writ petition is filed seeking appropriate direction.
2. In the counter affidavit of the 1st respondent it is mentioned that, a sum of Rs.76,705/- has already been deposited by the 1st respondent Municipality, which is representing arrears for the period up to 1.1.2009. It is further submitted that the Municipality is facing acute financial crisis and under such circumstances deposit of the balance amount could WP(C). 1991 /2014 2 not be made. In the counter affidavit it is prayed that one year time may be granted for enabling deposit of the of the balance amount due with respect to the petitioners.
3. Benefits due to the contingent employees who is drawing only meagre amount of pay, cannot be denied by the 1st respondent assigning the reason of financial stringency. It is for the 1st respondent to take appropriate measures and to adopt proper financial management to meet out the situation. By non- crediting of the arrears, the petitioners will be deprived of enjoying various benefits available under the PF scheme. However, this court takes on record the averments contained in the affidavit to the effect that the balance will be paid at the earliest.
4. Under the above mentioned circumstance the writ petition is disposed of by directing the 1st respondent to credit the balance amount of enhanced DA due to the petitioners in their respective Provident Fund Account, at the earliest possible, at any rate within a period of 5 months from the date of receipt of a copy of this judgment.
C.K.ABDUL REHIM, JUDGE pmn/