Kerala High Court
P.K.Kunhammad vs Secretary To Government on 6 March, 2012
Author: Thomas P.Joseph
Bench: Thomas P.Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
TUESDAY, THE 28TH DAY OF MAY 2013/7TH JYAISHTA 1935
WP(C).No. 10722 of 2013 (M)
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PETITIONER(S):
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P.K.KUNHAMMAD,
PUZHAKKALAKKANDI (HOUSE), ERAVATTOOR P.O.,
PERAMBRA (VIA), KOZHIKODE DISTRICT.
(RETIRED HEALTH SUPERVISOR, VATAKARA MUNICIPALITY)
BY ADV. SRI.MOHANAN V.T.K.
RESPONDENT(S):
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1. SECRETARY TO GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT,
THIRUVANANTHAPURAM-695 001.
2. DIRECTOR OF URBAN AFFAIRS,
THIRUVANANTHAPURAM-695 001.
3. SECRETARY,
VATAKARA MUNICIPALITY,VATAKARA-676 381.
R1 & R2 BY SR.GOVERNMENT PLEADER SRI.M.A.FAYAZ
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28-05-2013, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Kss
WP(C).No. 10722 of 2013 (M)
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APPENDIX
PETITIONER(S)' EXHIBITS:
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EXHIBIT P1: COPY OF THE RETIREMENT ORDER OF THE SECRETARY,
VATAKARA MUNICIPALITY DATED 6.3.2012.
EXHIBIT P2: COPY OF THE REPRESENTATION SUBMITTED TO THE SECRETARY
TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT
DATED 8.2.2012.
EXHIBIT P3: COPY OF THE INFORMATION RECEIVED FROM THE SECRETARY,
VATAKARA MUNICIPALITY UNDER RIGHT TO INFORMATION ACT
DATED 31.3.2011.
RESPONDENT(S)' EXHIBITS:
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/TRUE COPY/
P.A.TO JUDGE
Kss
THOMAS P.JOSEPH, J.
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W.P(C).No.10722 of 2013
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Dated this the 28th day of May, 2013
J U D G M E N T
The petitioner retired as Health Supervisor from the service of the respondents on 31.03.2011 and seeks a direction for disbursement of his retiral benefits.
2. I have heard the learned counsel for petitioner and the learned Government Pleader.
3. The Division Bench of this Court, in the judgment dated 12.02.2013 in W.P(C).No.158 of 2013 has taken the view that except in the matter of contingent employees, dispute regarding service conditions etc. relating to the panchayath and municipal employees are governed by Sec.15(i)(b) of the Administrative Tribunals Act, 1985.
4. In the light of the above, petitioner has to air his grievance before the Kerala Administrative Tribunal and for the said reason this Writ Petition cannot be maintained in this Court.
Resultantly, without prejudice to the right of petitioner to move the Kerala Administrative Tribunal for appropriate reliefs, this Writ Petition is disposed of. Documents produced along with the Writ Petition shall be returned to the petitioner on request.
Sd/-
THOMAS P.JOSEPH, JUDGE Sbna