Kerala High Court
Dr.Jyoti Kumar Sharma vs The State Of Kerala on 14 December, 2020
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 14TH DAY OF DECEMBER 2020 / 23RD AGRAHAYANA, 1942
WP(C).No.26983 OF 2019(W)
PETITIONERS:
1 DR.JYOTI KUMAR SHARMA,
AGED 71 YEARS
S/O LATE DHARM DATT SHARMA, RESIDING AT POCKET C,
FLAT 681, 1ST FLOOR, SARITA VIHAR,
NEW DELHI-110076, (FORMER DIRECTOR, KERALA FOREST
RESEARCH INSTITUTE, PEECHI).
2 T.J. ALFRED HEADJISJUS,
AGED 71 YEARS
S/O LATE T.O. JOSEPH, RESIDING AT THARASSRY HOUSE,
THURAVUR P.O.ANGAMALI, ERNAKULAM-683 572. (FORMER P.A
TO THE REGISTRAR, KERALA FOREST RESEARCH INSTITUTE,
PEECHI).
3 T.PRABHAKARAN,
AGED 70 YEARS
S/O LATE POKKAN, RESIDING AT THUNERI HOUSE,
(NEAR HN HIGHWAY), PATTIKAD P.O.THRISSUR-680 653.
(FORMER SENIOR CLERICAL ASSISTANT, KERALA FOREST
RESEARCH INSTITUTE, PEECHI).
4 A.V.VELAYUDHAN,
AGED 67 YEARS
S/O LATE KRISHNAN NAIR, RESIDING AT SRINANDANAM,
NEAR SURYA NAGAR BUS STOP, PANDIPARAMBU, VELLANIKARA
POST, THRISSUR-680 054. (FORMER SENIOR ATTENDANT,
KERALA FOREST RESEARCH INSTITUTE, PEECHI).
5 K.GIRIJAVALLABHAN,
AGED 68 YEARS
S/O LATE K.RAMAN NAIR, RESIDING AT KANNOLI HOUSE,
NEMANIKKARA, PUDUKAD P.O.THRISSUR-680 301, (FORMER
SENIOR SPECIAL GRADE DRIVER, KERALA FOREST RESEARCH
INSTITUTE, PEECHI).
6 JAMES TIDODE,
AGED 69 YEARS
S/O LATE OUSO, RESIDING AT ELANJIKAL HOUSE, PADIYOOR,
IRINJALAKUDA, THRISSUR-680 688, (FORMER SENIOR GRADE
TYPIST, KERALA FOREST RESEARCH INSTITUTE, PEECHI).
WP(C).No.26983 OF 2019
2
7 DR. JOSE KALLARACKAL,
AGED 70 YEARS
S/O LATE K.L.JOSEPH RESIDING AT KALLARACKAL STREAM
COTTAGE, AKJM ROAD, KANJIRAPALLY, KOTTAYAM-686 507.
(FORMER SCIENTIST G, KERALA FOREST RESEARCH
INSTITUTE, PEECHI).
8 K.C.SUBRAMANIAN,
AGED 67 YEARS
S/O LATE CHAKKAPPAN, RESIDING AT CITY GARDEN ,
HOUSE NO.86, PATTIKKAD P.O.THRISSUR-680 652,
(FORMER SENIOR GRADE ATTENDANT, KERALA FOREST
RESEARCH INSTITUTE, PEECHI).
BY ADVS.
SRI.T.C.SURESH MENON
SRI.P.S.APPU
SRI.A.R.NIMOD
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF SCIENCE AND TECHNOLOGY, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 KERALA STATE COUNCIL FOR SCEINCE,
TECHNOLOGY AND ENVIRONMENT, REPRESENTED BY THE
EXECUTIVE VICE PRESIDENT,KERALA STATE COUNCIL FOR
SCIENCE, TECHNOLOGY AND ENVIRONMENT, SASTHRA
BHAVAN, PATTOM P.O.THIRUVANANTHAPURAM-695 004.
3 THE MEMBER SECRETARY,
KERALA STATE COUNCIL FOR SCIENCE, TECHNOLOGY AND
ENVIRONMENT, SASTHRA BHAVAN, PATTOM
P.O.THIRUVANANTHAPURAM-695 004.
SRI.SUNIL KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
14.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.26983 OF 2019
3
JUDGMENT
This writ petition is filed seeking the following prayers:
"(i) call for the records leading to the passing of Ext.P8 by the 1st respondent and quash the same by the issue of a writ of certiorari or other appropriate writ, order or direction;
(ii) issue a writ in the nature of mandamus directing the respondents to extend the benefit of Ext.P1 as modified in Ext.P6 to persons who had retired from service at KFRI even prior to 1.3.2011 immediately, at least with prospective effect;
(iii) issue a writ in the nature of mandamus directing the 1st respondent to reconsider the decision to defer the case of persons who had retired prior to 1.3.2011 and take positive action to sanction pension to all persons who had worked at KFRI, since the inception of KSCSTE in 2003"
2. Heard the learned counsel for the petitioners and the learned Government Pleader.
3. It is submitted by the learned counsel for the petitioners that the petitioners are persons who retired from service during the periods from 2006 to 2010. It is submitted that by Ext.P1, a pension scheme was made applicable to employees of institutions under the 2nd respondent. The limiting of the pension scheme to retirees from WP(C).No.26983 OF 2019 4 01.04.2013 was challenged by certain employees before this Court and by Ext.P5 judgment, this Court had directed the consideration of the claim of those persons who had retired after the date of Ext.P1. It is submitted that by Ext.P6, the said claim has been considered and pension has been made applicable to persons who retired after the date of Ext.P1.
4. It is submitted by the learned counsel for the petitioners that by Ext.P8 communication dated 30.10.2018, the Government has intimated that no decision had been taken in respect of employees who retired before 01.03.2011. The learned counsel for the petitioners submits that the petitioners who were employees of institutions under the 2nd respondent including Scientific Officers have not been granted the benefit of pension scheme and are drawing only meager amounts as PF pension. It is submitted that their claim, which has been acknowledged in Ext.P8 communication, is also liable to be considered by the Government.
5. Having heard the learned Government Pleader also, I am of the opinion that this is a matter for the Government to take an appropriate decision, taking note of the contentions raised by the WP(C).No.26983 OF 2019 5 petitioners that they are also similarly placed and are liable for a consideration of the payment of pension under the pension scheme, taking note of the long years of service put in by them.
6. There will, accordingly, be a direction that in case the petitioners approach the Government with an appropriate representation, the issue of grant of pension to persons who retired before 01.03.2011 shall also be considered by the Government sympathetically. Appropriate orders shall be passed, after hearing representatives of the petitioners also, within a period of three months from the date of receipt of a copy of this judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE NP WP(C).No.26983 OF 2019 6 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE GO (MS) NO 1/11/S & TD ISSUED BY THE GOVERNMENT OF KERALA DATED 1.3.2011 EXHIBIT P2 TRUE COPY OF THE ORDER GO (MS) NO 1/2014/S & TD ISSUED BY THE GOVERNMENT OF KERALA DATED 1.2.2014 EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE CHIEF MINISTER OF KERALA DATED 16.12.2013 EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE CHIEF MINISTER OF KERALA DATED 29.12.2013 EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN WPC NO 5338/2014 ON THE FILE OF THIS HONOURABLE COURT DATED 25.1.2016 EXHIBIT P6 TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT VIDE GO (MS) NO 3/2017 S AND TD DATED 7.6.2017 EXHIBIT P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS DATED 28.8.2017 EXHIBIT P8 TRUE COPY OF THE ORDER NO A3/99/2018/S & TD PASSED BY THE 1ST RESPONDENT DATED 30.10.2018 RESPONDENT'S/S EXHIBITS: NIL