Kerala High Court
K.K.Velayudhan vs The District Manager on 7 February, 2020
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 07TH DAY OF FEBRUARY 2020 / 18TH MAGHA, 1941
WP(C).No.36275 OF 2010(H)
PETITIONER:
K.K.VELAYUDHAN
S/O LATE KOCHUKANDAN
AGED 74 YEARS,
X SUBAIDAR,
F.C.I. OF INDIA,
DISTRICT OFFICE, COCHIN,
RESIDING AT, KUTHUKATTU (H),
MUNDANVELI P.O.,
KOCHI-682 027.
BY ADVS.
SRI.M.T.BALAN
SRI.B.JAYABAL
RESPONDENTS:
1 THE DISTRICT MANAGER,
FOOD CORPORATION OF INDIA,
DISTRICT OFFICE, KOCHI-29.
2 THE SENIOR REGIONAL MANAGER
FOOD CORPORATION OF INDIA,
REGIONAL OFFICE,
THIRUVANANTHAPURAM-4.
3 THE ZONAL MANAGER,
FOOD CORPORATION OF INDIA,
ZONAL OFFICE,
CHENNAI-6.
4 THE PAY AND ACCOUNTS OFFICER
MINISTRY OF CONSUMER AFFAIRS,
DEPARTMENT OF FOOD,
AND PUBLIC DISTN.,
SHASTRY BHAVAN,
CHENNAI-6.
WP(C).No.36275 OF 2010(H)
2
5 REGIONAL DIRECTOR (FOOD) FCI
ZONAL OFFICE, 3, HADDOWS ROAD,
CHENNAI-6.
6 SENIOR ACCOUNTS OFFICER
MINISTRY OF FOOD,
SASTRI BHAVAN,
CHENNAI-6.
BY ADVS.
R1 BY ADV. SRI.T.P.M.IBRAHIM KHANASST.S.G OF INDI
SRI.T.C.KRISHNA,SC,FCI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
07.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.36275 OF 2010(H)
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JUDGMENT
The deceased 1st petitioner who was working as a subedar in the Food Corporation of India (FCI), had filed this Writ Petition seeking directions to respondents to grant him salary and pension for two years from 01.06.1995 and other monetary benefits along with interest, in the light of Ext.P2 judgment of the Madras High Court in W.P.No.7554 of 1998.
2. It is stated that petitioner served 37 years and seven months in the FCI that is from 1.11.1957 to 31.05.1995 i.e. till he attained the age of 58 years. He had filed W.P. No. No.7554 of 1998 before the Madras High Court, along with certain others, seeking directions to allow them to continue in service till they attain age of 60 years. By Ext.P2 judgment the Madras High Court found that petitioners were entitled to continue till they attained the age of 60 years and it was also held that they would be entitled to all consequential benefits. This Writ Petition was filed stating that respondents did not grant the monetary benefits to petitioner even after he submitted Ext.P4 representation followed by a lawyer notice.
3. The respondents filed a counter affidavit stating that petitioner was relieved from the office on 31.05.1995 when had WP(C).No.36275 OF 2010(H) 4 attained the age of 58 years, the age of superannuation which was allowed for the category III employees. In Ext.P2 judgment the Madras High Court permitted the petitioner and others to continue till they attained the age of 60 years. However, that judgment was rendered on 27.06.2001 after six years of his retirement and therefore, it was not physically possible to allow the petitioner to continue in service till he attained the age of 60 years. It is further stated that the petitioner had not actually served in the Food Corporation of India for the period of two years 31.06.1995 to 31.05.1997 i.e. till he attained the age of 60 years. It is also stated that petitioner's pay was thereafter re-fixed reckoning his date of retirement as 31.05.1997 and that the 1st respondent had forwarded the same to the regional office as per letter dated 15.07.2003, as his service book was forwarded to the 5th respondent at Chennai. It is also stated that they had also forwarded the claim of the petitioner for lifetime pension. It is stated that on 28.06.2010 the 5th respondent had directed certain rectifications to be made in the service register, with entries with respect to the pay and allowances, regularisation of service for the period from 01.06.1995 to 31.05.1997, the payment CDI relief etc. It is further stated that though entries have been incorporated and pay was WP(C).No.36275 OF 2010(H) 5 refixed after regularizing his service from 01.06.1995 to 31.05.1997, the 5th respondent has not taken any further action.
4. The 5th respondent has not filed any counter affidavit. The 1st respondent filed his counter affidavit on 29.05.2013 stating that all the necessary documents were forwarded to the Regional Director (at Chennai) for settling payment of arrears of pension / DCRG and commuted value of pension in respect of petitioner.
Therefore, the Writ Petition is disposed of with a direction to the 5th respondent to see that all the monetary benefits due to the additional petitioners who are legal heirs of the deceased 1 st petitioner are settled, sanctioned and disbursed without any further delay at any rate, within a period of two months from the date of receipt of a copy of the judgment.
Sd/-
P.V.ASHA SCS JUDGE WP(C).No.36275 OF 2010(H) 6 APPENDIX PETITIONERS' EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF PPO NO.03687/96/0010/0 DATED 01/02/1996 OF THE PENSION OF THE PETITIONER.
EXHIBIT P2 THE TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF JUDICATURE AT MADRAS IN W.P. NO.7554/1998 AND WMP NO.16192/2001 DATED 27/06/2001.
EXHIBIT P3 THE TRUE COPY OF THE WMP NO.12181/1995 IN WP NO.7554/75 DATED 25/04/1996.
EXHIBIT P4 THE TRUE COPY OF THE REPRESENTATION DATED 22/05/1995 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P5 THE TRUE COPY OF THE ORDER NO.A25(1024) 69 DATED 26/05/1995 OF THE 1ST RESPONDENT ISSUED TO THE PETITIONER.
EXHIBIT P6 THE TRUE COPY OF THE LAWYER NOTICE DATED 02/08/10.
EXHIBIT P7 TRUE COPY OF THE REPLY NOTICE RECEIVED FROM THE 5TH RESPONDENT.
EXHIBIT P8 THE TRUE COPY OF THE DEATH CERTIFICATE DATED 07/08/2017 ISSUED BY THE REGISTRAR OF BIRTH AND DEATH KOCHI MUNICIPAL CORPORATION.
EXHIBIT P9 THE TRUE COPY OF THE RELATIONSHIP CERTIFICATE DATED 30/07/2019 ISSUED BY THE VILLAGE OFFICER, RAMESWARAM VILLAGE, KOCHI.
//TRUE COPY// PA TO JUDGE